reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart A - PROMULGATION › Section 1215.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				  set forth in Section 3 of the Illinois Uniform Conviction Information Act
				  [20 ILCS 2635/3
				  ].
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart B - OPERATIONS FOR PROCESSING REQUESTS › Section 1215.30 - Written Request Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests for conviction information shall
				be made by completing a Conviction Information Request form provided by the
				Illinois State Police. These forms shall be made available through the Bureau
				of Identification, 260 North Chicago Street, Joliet, Illinois 60432-4072. In
				order to be processed, Conviction Information Request forms shall at a minimum
				include a complete and accurate mailing address for the requester, an
				indication of whether the request is for licensing or employment purposes, and
				the record subject's name, race, sex, and date of birth.
b) If the request is for employment or
				licensing purposes, the requester shall retain a release on file for at least
				two years signed by the individual to whom the information pertains. The
				requester shall notify the individual named in the request that the individual
				has the obligation and responsibility to notify the requester within seven days
				if the information provided is incomplete or incorrect. A copy of the response
				furnished by the Department shall be provided by the requester to the
				individual named in the request.
c)
				All requests shall be accompanied by the correct fee as established in Section
				1215.50 and paid in the form
				of a check or money order, unless other payment arrangements are approved by
				the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart B - OPERATIONS FOR PROCESSING REQUESTS › Section 1215.35 - Automated Request Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests submitted in an automated format
				shall be made in accordance with record layout formats, software and hardware
				specifications, or other guidelines suitable for electronic transmission and
				reception of data by Department equipment.
b) Automated Conviction Information Requests
				shall at a minimum include the record subject's name, race, sex and date of
				birth. The requester must also provide a complete and accurate mailing address,
				e-mail address, or fax number for the requester in order to receive responses.
				The requester must sign a user's agreement to be provided by the
				Department.
c) If the request is
				for employment or licensing purposes, the requester shall maintain a release on
				file for at least two years signed by the individual to whom the information
				pertains. The requester shall notify the individual named in the request that
				the individual has the obligation and responsibility to notify the requester
				within seven days if the information provided is incomplete or incorrect. A
				copy of the response furnished by the Department shall be provided by the
				requester to the individual named in the request.
d) All requests shall be accompanied by the
				correct fee as established in Section
				1215.50 and paid in the form
				of a check or money order, unless other payment arrangements are approved by
				the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart B - OPERATIONS FOR PROCESSING REQUESTS › Section 1215.40 - Response Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to disseminating conviction information, the Department
				  shall review its inprocess files to ensure that the information to be
				  disseminated is complete. The Department shall forward responses to requests to
				  the requester at the address, e-mail address, or fax number indicated on the
				  Conviction Information Request form.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart B - OPERATIONS FOR PROCESSING REQUESTS › Section 1215.50 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The fees for processing requests for conviction information
				  shall be as follows:
Uniform Conviction Information Act fingerprint
inquiries submitted electronically
$15 per inquiry
Uniform Conviction Information Act electronic
name inquiries
$10 per name
Uniform Conviction Information Act name
inquiries submitted on paper forms
$16 per inquiry
Uniform Conviction Information Act fingerprint
inquiries submitted on paper forms
$20 per inquiry
The fees shall not exceed the general costs for processing
				  requests. The general costs shall include, but are not limited to, personnel,
				  supervision and training, hardware, software, network infrastructure,
				  telephone, electric, equipment, printing, postage, facilities, forms, and
				  miscellaneous related costs.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1216 - BURIAL BENEFIT FOR STATE POLICE OFFICERS KILLED IN THE LINE OF DUTY › Section 1216.10 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures for the
				payment of burial benefits for State Police officers killed in the line of
				duty.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1216 - BURIAL BENEFIT FOR STATE POLICE OFFICERS KILLED IN THE LINE OF DUTY › Section 1216.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Department of State Police.
"Killed in the line of duty" means losing one's life as a
				result of injury received in the active performance of one's duties as a State
				Police officer, if the death occurs within one year from the date the injury
				was received.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1216 - BURIAL BENEFIT FOR STATE POLICE OFFICERS KILLED IN THE LINE OF DUTY › Section 1216.30 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
			 request, supported by related documentation, the Department shall pay directly
			 or reimburse, up to a maximum of $10,000, the burial expenses of each State
			 Police officer who is killed in the line of duty after June 30, 1997, excluding
			 death resulting from the willful misconduct or intoxication of the
			 officer.
b) The payments provided
			 for in this Section shall be paid out of monies appropriated to the Department
			 for the personal services of State Police officers.
c) Payments shall not be made that duplicate
			 benefits received from other sources.
d) Requests for the payment of burial
			 expenses related to deaths that occurred after June 30, 1997 may be submitted
			 until March 1, 2003. After March 1, 2003, payments shall not be made with
			 respect to requests made more than one year after the related death.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart A - PROMULGATION › Section 1220.110 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is promulgated pursuant to the Intergovernmental
				  Drug Laws Enforcement Act [ 30 ILCS 715 ], which charges the Illinois
				  Department of State Police to establish reasonable rules. Additionally, the
				  Department is charged with coordinating the operations of all MEG Units,
				  conducting those investigations the Director deems necessary to carry out the
				  Department's designated duties under that Act, including the establishment of
				  forms for reporting by each MEG Unit to the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart A - PROMULGATION › Section 1220.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" - The Intergovernmental Drug Laws Enforcement Act [ 30
				  ILCS 715 ].
"Board" - A policy board composed of an elected official, or
				  his/her designee, and the chief law enforcement officer, or his/her designee,
				  from each participating unit of local government to oversee the operations of
				  the MEG and make such reports to the Department as the Department may
				  require.
"Confidential Source" - Any individual, other than law
				  enforcement personnel, who is or whose purpose is to supply intelligence
				  information or services to the MEG Unit, whether paid or not.
"Coordinator" - That person designated to coordinate MEG
				  activities for the Department of State Police.
"Department" or "DSP" - The Illinois Department of State
				  Police.
"Director" - The Director of the Illinois Department of State
				  Police.
"Fiscal Officer" - A designated appropriate elected official
				  of a participating unit of local government to act as the financial officer of
				  the particular MEG and person responsible for receiving and expending funds for
				  the operation of the MEG.
"MEG Director" - That person appointed by a governing board
				  responsible for supervising the day-to-day operations of a particular
				  unit.
"Metropolitan Enforcement Group" or "MEG" - A combination of
				  units of government established through an intergovernmental agreement to
				  enforce the drug laws of this State.
"Monitor" - That person in the Department designated to
				  monitor the MEG Units.
"Shall" - A term used to indicate a mandatory
				  statement.
"Should" - A term used in the interpretation of a standard
				  reflecting the commonly acceptable method, yet allowing for the use of
				  effective alternatives when the standard can be shown to be
				  inappropriate.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart A - PROMULGATION › Section 1220.130 - Public Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Purpose
To the end that the health, safety and welfare of the People
				  of the State of Illinois should be protected from those who would violate the
				  laws regulating the production, sale, prescribing, manufacturing,
				  administering, transporting, having in possession, dispensing, delivering,
				  distribution or use of a controlled substance, as defined in the Illinois
				  Controlled Substances Act [ 720 ILCS 570 ], and cannabis, as defined in the
				  Cannabis Control Act [ 720 ILCS 550 ], the Department of State Police
				  establishes rules for the purpose of coordinating the operation of all MEG
				  Units and for reporting those activities annually to the Governor and the
				  General Assembly.
b)
				Adherence to Professional Standards
All MEG personnel and operations shall be conducted in such a
				  way as to bring credit, and not discredit, upon the MEG Unit, the department
				  the individual represents, and the Department of State Police.
c) Discrimination Prohibited
No person operating under this Part shall discriminate
				  against any individual on the basis of race, color, religion, sex or national
				  origin in any manner prohibited by the laws of the United States or the State
				  of Illinois.
d) Interference
				with Department Staff Prohibited
No person shall hinder, interfere, obstruct or intervene with
				  any inspection or investigation conducted by the Department pursuant to the
				  Act.
e) Notification to the
				Department
The MEG Director will notify the DSP Director, or his/her
				  designee (Coordinator), and the authority of local jurisdiction by telephone
				  immediately, with follow up in writing within 24 hours after any instance
				  of:
1) The discharge of weapons in any
				situation (except in cases of required training);
2) Complaints of misconduct against the Unit
				or any individual in the Unit;
3)
				Serious injuries sustained by agents or defendants due to an arrest
				situation.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart B - OPERATIONS › Section 1220.210 - Planning and Execution of an Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
The MEG Director or his designee is responsible for
				  overseeing the planning and execution of any operation which may involve forced
				  entry.
b) Notifications
The MEG Director or his designee must notify the local police
				  agency of venue that there is an anticipated raid and should request its
				  assistance unless unforeseen exigencies do not permit time to do so or the MEG
				  Director believes an unusual consideration makes that procedure unwise.
c) Duties
The MEG Director or his designee is responsible for providing
				  in detail:
1) Clear lines of
				authority, accountability and individual duty assignments;
2) Thorough familiarization with the
				premises, persons and circumstances which might be expected or encountered in
				any enforcement activity;
3)
				Coordination with local law enforcement agencies;
4) Any other reasonable circumstances not
				enumerated.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart B - OPERATIONS › Section 1220.220 - Confidential Sources

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
Confidential sources are to be utilized to achieve their full
				  potential value to the Unit. They shall not be considered for the exclusive use
				  of the agents who developed the individual as a source of
				  information.
b)
				Identification of Confidential Sources
For internal record keeping purposes, all confidential
				  sources will be identified, using Department guidelines. As used in this
				  Section, however, "identification" of confidential sources does not necessarily
				  imply disclosure to entities outside the Department and the relevant MEG Unit.
				  Disclosure to those entities shall also be governed by the applicable
				  Department guidelines.
c)
				Juveniles
No juvenile will be used or receive any money as a
				  confidential source without written approval of his/her parent or guardian and
				  the MEG Director.
d) Illegal
				or Improper Activity
In all cases in which the confidential source's activity is
				  suspected of being illegal or improper, the MEG agents shall conduct an
				  investigation and report the results to the appropriate
				  authority.
e) Reports
MEG Directors shall make available to the Department
				  information summarizing the activity of the confidential source. Included shall
				  be records of all monies paid and a recommendation for continued or
				  discontinued utilization.
f)
				All information in the confidential source file shall remain confidential and
				may not be disclosed unless prescribed by law.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.310 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procedure
Every MEG Unit must maintain the following:
1) Records that fully disclose the total
				receipts and expenditures of the MEG Unit.
2) Records that fully disclose the
				disposition of all Department funds for the MEG Unit.
3) Records that fully disclose the amount of
				money and/or in-kind match provided for the MEG Unit by sources other than the
				Department.
4) Any other records
				requested by the Department to facilitate an effective audit.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.320 - Matching Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
Requirements
The following subsections set forth local matching
				  contribution requirements.
a) All MEGs
				requesting Department funds must be prepared to provide at least 50 percent of
				the total fiscal year project cost.
b) Matching cost contributions can be from
				local or private sources and shall consist of the following:
1) Cash match from funds appropriated by
				units of local government, or cash from private and not-for-profit
				organizations, donations and contributions.
2) In-kind resources (services, equipment,
				goods or facilities).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.330 - Administrative Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
To be allowable, costs must meet the following general
				  criteria:
1) Be necessary and
				reasonable for proper and efficient administration of the program, be allocable
				to the program under these principles, and, except as specifically provided in
				this Section, not be a general expense required to carry out the overall
				responsibilities of local governments.
2) Be authorized by, or in conformity with,
				local laws or regulations.
3)
				Conform to any limitations or exclusions set forth in this Part or other
				governing limitations as to types or amounts of cost items.
4) Be consistent with policies, regulations
				and procedures that apply to the unit of government of which the MEG is a
				part.
5) Be accorded consistent
				treatment through application of generally accepted accounting principles
				appropriate to the circumstances.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.340 - Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Annual Audit
The Department shall have an audit of the MEG units conducted
				  by a certified public accounting firm selected pursuant to this Section. The
				  audits shall be submitted to the Department by December 31 for the fiscal
				  period having ended June 30 of the previous year.
b) Selection of Auditor
1) The Department shall select the auditing
				firm from those who have submitted bids. Prior to selecting the auditing firm,
				the Director shall refer the bids to a committee comprised of members of the
				Department representing the Office of Internal Auditing; the Division of
				Administration, Bureau of Fiscal Management; the Division of Criminal
				Investigation; and such other members as the Director determines are
				appropriate based upon their experience and qualification.
2) The Committee shall consider the following
				criteria in order of rank of importance in recommending an auditing firm to the
				Director.
A) Time Frame for Completion
i) All field work will begin September 1, and
				must be completed within 60 days.
ii) A draft report must be prepared and filed
				with the Director within 35 days of the completion of subsection
				(b)(2)(A)(i).
iii) A final report
				shall be filed with the Director no later than December 31.
iv) In no event may the time for completion
				of the requirements of this subsection (b)(2)(A) exceed 120 days.
B) Reputation and Experience of
				the Firm
i) The firm shall provide the
				Department with evidence of its license and good standing with the Department
				of Financial and Professional Regulation.
ii) The firm shall provide the Department
				with evidence that its personnel assigned to the audit are familiar with, and
				experienced in, conducting governmental audits involving grant
				programs.
iii) The firm shall
				identify preliminary areas of problems and difficulties and a description of
				potential methods to solve those problems.
C) Cost
The cost of the audit shall be limited to professional
				  services and administrative costs which shall be reimbursed as follows:
i) 75 percent upon completion of the draft
				report; and
ii) 25 percent upon
				acceptance of the final report by the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.350 - Budget

Current through Register Vol. 48, No. 28, July 12, 2024
a) Personnel
1) Written personnel policies are required
				and will include work hours to be maintained by employees, vacation and sick
				leave allowances, payment of accrued vacation at the end of employment, and
				overtime. The policies should also set forth employee benefits and information
				related to pay increases, promotions, and all other pertinent personnel
				policies and regulations.
2)
				Amounts charged for personnel services must be based on payrolls documented and
				approved in accordance with the generally accepted practice of the local
				agency. Payrolls must be supported by time and attendance records for
				individual employees. These records must demonstrate the days and hours worked
				on the MEG Unit.
3) Dual
				compensation is prohibited (i.e., the individual may not receive increased
				compensation from a second source for the same unit of work done at the same
				time).
4) The salaries and job
				titles of individuals must be outlined in an approved budget.
5) Appropriated State money cannot be used to
				pay the salaries of local and county sworn agents, with the exception of the
				Unit Director, unless prior approval from the Department is obtained.
				Determination will be made in accordance with existing resources or other
				relevant data.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.360 - Fund Disbursements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cash
				Advances
The MEG Unit shall be reimbursed for expenses incurred upon
				  submission of the Fiscal Report. The Department recognizes that, in some
				  instances, the Unit may not possess sufficient local financial resources to
				  support the Unit on a reimbursable basis and that individual units may require
				  cash advances for anticipated operational costs. Consequently, the MEG Unit may
				  request a cash advance to cover projected costs for a subsequent fiscal
				  quarter. These requests must be in writing and should include the purpose of
				  the proposed expenditure and the reasons necessitating the
				  advance.
b) Sanctions
1) Those MEG Units not submitting Fiscal
				Reports will be sent a late notice via e-mail to the MEG contact and will have
				30 days to respond. If no response is received to the first late notice, a
				second late notice will be sent via e-mail and will state that, unless a Fiscal
				Report is received within 15 days, disbursement of funds will be suspended and
				a request to return any unspent funds will be sent.
2) Should no response be received to the
				second late notice, a registered letter will be sent to the MEG Director and
				the responsible authorized official notifying them of the suspension. In order
				to activate the suspended funds and to keep any unspent funds, a written
				response will be required of the policy board to include explanation of
				deficient reporting, corrective action to be taken, and a current Fiscal
				Report.
3) If the action required
				to activate a suspension is not taken within 45 days, then appropriate measures
				will be taken to terminate funding and recover any unspent funds.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.370 - Accounting Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Financial Responsibility
1) Accounting records
				should provide the information needed to separately identify the receipts and
				expenditures of State and other matching funds.
2) Entries in accounting records should refer
				to subsidiary records and/or documentation that supports the entry and that can
				be readily located.
3) The
				accounting system should provide accurate and current financial
				information.
4) The accounting
				system should have an adequate system of internal controls to safeguard the
				funds and assets covered, check the accuracy and reliability of accounting
				information, and promote operational efficiency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.380 - Use of Property

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions
1) Excess Property. Excess
				property means property, under the control of any agency, that is no longer
				required for the Unit's needs.
2)
				Expendable Personal Property. Expendable personal property refers to all
				tangible personal property other than non-expendable property.
3) Non-expendable Personal Property.
				Non-expendable personal property means tangible personal property having a
				useful life of more than one year and an acquisition cost of $100 or more per
				unit. The MEG Unit may use its own definition of non-expendable personal
				property provided that definition would at least include all tangible personal
				property as defined in subsection (a)(4).
4) Personal Property. Personal property means
				property of any kind except real property. It may be tangible (i.e., having
				physical existence) or intangible (i.e., having no physical existence), such as
				patents, inventions and copyrights.
5) Real Property. Real property means land,
				land improvements, structures and appurtenances thereto, excluding movable
				machinery and equipment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1220 - INTERGOVERNMENTAL DRUG ENFORCEMENT ACT › Subpart C - FINANCIAL REGULATIONS › Section 1220.390 - Confidential Expenditures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				confidential expenditures budget is subject to prior approval by the
				Department, if Department funds are expended. The confidential expenditures
				budget would be used for payment to informants, purchase of materials as
				evidence (such as narcotics), or other uses as may be required by law
				enforcement personnel working in an undercover capacity. Such an approval will
				be based on a finding that it is necessary and reasonable for proper and
				efficient administration of the MEG Unit.
b) The funds authorized will be controlled by
				a bonded cashier.
c) Authorization
				for Information
1) The MEG Director to which
				the fund is assigned must authorize all advances of funds up to $1,000 to
				agents or officers for the purchase of information. Advances and payments in
				excess of $1,000 must be approved by the chairman of the Board. The
				authorization must specify the information to be received, the amount of
				expenditures, and assumed name of informer.
2) There must be maintained by the MEG Unit
				confidential files of the true names, assumed names, and signatures of all
				sources to whom payments of confidential expenditures have been made. To the
				extent practicable, pictures and/or fingerprints of the informer should also be
				maintained.
3) The cashier shall
				receive from the agent or officer authorized to make a confidential payment a
				receipt for cash advanced for those purposes.
4) The agent or officer shall receive from
				the confidential source payee a receipt.
5) The signed receipt from the confidential
				source payee, with a memorandum detailing the information received, will be
				forwarded to the agent or officer in charge. The agent or officer in charge
				shall compare the signature on the receipt with the confidential file of
				assumed name signatures. A certification of payment to the cashier will serve
				as support for the expenditure from the fund. The certification will be
				witnessed by the agent or officer in charge on the basis of the report and
				confidential source payee's receipt.
6) Each agent or officer in charge shall
				maintain records showing status and reconciliation of the fund and itemizing
				each payment, name used by informer payee, information received, and use to
				which information was put. This report shall be part of the files.
7) In each instance in which Department funds
				are used for confidential expenditures, it shall be understood that all of the
				records listed in subsection (c)(6), except the true names of the informers,
				are subject to the record and audit provisions of
				34 USC
				10101.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 1221.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms used in this Part shall have the meanings set forth in
				  the Seizure and Forfeiture Reporting Act and in this Section.
"Act" means the Seizure and Forfeiture Reporting Act.
"Department" means the Illinois State Police.
"Participating Agency" means a unit of local government,
				  including but not limited to law enforcement agencies, a drug task force, or a
				  Metropolitan Enforcement Group (MEG), that participated in or received funds
				  from the forfeiture or seizure process.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 1221.20 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is applicable to seized or forfeited property as
				  set forth in Section 5 of the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 1221.30 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide notice of the
				  requirements and procedures for Illinois law enforcement agencies to report
				  seizures, forfeitures, disbursements and expenditures to the Department
				  pursuant to the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 1221.40 - Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department.
1)
The Department shall establish and
				maintain on its official website at
https://isp.illinois.gov/Finance/AssetSeizure
:
A) All necessary forms for initial seizure
				and annual reporting, which require the journaling of information pertaining to
				seized assets, awarded assets, and expenditures, as outlined in subsection
				(a)(2) below; and
B)
A
				public database that includes annual aggregate data for each
participating
agency that
:
i)
reports seizures of property under Section 10(a) of the
				Act
;
ii)
receives
				distributions of forfeiture proceeds subject to reporting under the Act;
				or
iii)
reports
				expenditures under Section 10(b) of the Act.
(Section 10(c) of the
				Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart B - REPORTING TO THE DEPARTMENT › Section 1221.100 - Initial Seizure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each
participating
agency shall report the following
				information about property seized or forfeited under State law to the
				Department:
1)
The name of
				the
participating
agency that seized the
				property;
2)
The
				date of the seizure;
3)
The type of property seized, including a building, vehicle, boat, cash,
				negotiable security, or firearm, except reporting is not required for seizures
				of contraband including alcohol, gambling devices, drug paraphernalia, and
				controlled substances;
4)
A description of the property seized, and if the property is a
				conveyance, the description shall include the make, model, year, and vehicle
				identification number or serial number;
5)
The estimated value of the
				property; and
6)
The location where the seizure occurred.
(Section 10(a) of the
				Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart B - REPORTING TO THE DEPARTMENT › Section 1221.110 - Annual Report

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Annual reports are required of all participating agencies that:
1) seize property subject to reporting under
				the Act; or
2)
receive
				proceeds from forfeitures subject to reporting under the Act
(Section
				10(b) of the Act); or
3) have
				forfeited property awarded by the Director to their agency for official use
				under the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart C - ENFORCEMENT AND REGULATION › Section 1221.200 - Compliance Checks

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pursuant to Section 10(e) of the Act, the Department may check any
				participating agency's records or materials to ensure compliance with the Act
				and this part.
b) Participating
				agencies shall retain all records regarding seizures and forfeitures under the
				Act for a period of at least 7 years.
c) All participating agencies shall fully and
				timely cooperate with the Department during any requested compliance check,
				including making available personnel to interview and making records or
				property available upon request.
d)
				The proceeds from the sale of any asset purchased with asset forfeiture funds
				shall be spent with the same restrictions and reporting obligations as provided
				in the Act and this Part.
e)
				Participating agencies shall make available to the Department upon request:
1) records related to all forfeited funds or
				property, including but not limited to all financial accounts and evidence
				storage locations; or
2) the actual
				property awarded.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1221 - SEIZURE AND FORFEITURE REPORTING ACT PROCEDURES › Subpart C - ENFORCEMENT AND REGULATION › Section 1221.210 - Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department's
				Asset Forfeiture Section will perform compliance checks on up to 5% of all
				participating agencies each year.
b) If the Department's Asset Forfeiture
				Section deems a participating agency to be non-compliant with subsection (c)
				based upon a compliance check, the Director may:
1) Order property that was previously awarded
				under this Act to be returned to the Director; or
2) Sanction the non-compliant participating
				agency with a goal of remedying any non-compliant activity.
A) Sanctions may include but are not limited
				to:
i) remedial education;
ii) additional training;
iii) additional mandatory reporting
				requirements;
iv) delay in
				distribution of forfeited property pending compliance;
v) extinguishing the participating agency
				shares of undistributed or seized but not yet forfeited property;
vi) suspension from the program;
				and
vii) removal from the
				program.
B)
				Non-compliant agencies removed from the program may be ordered to:
i) return all awarded property, any property
				purchased with forfeited funds, and any forfeited funds held by the
				participating agency as of the date of the removal from the program;
				and
ii) terminate any contracts
				involving the use of forfeited funds or cease using such funds for future
				payments under the contract if not terminated.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1225 - DRUG ASSET FORFEITURE PROCEDURE ACT › Subpart A - PROMULGATION › Section 1225.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide requirements and
				  procedures for the seizure and forfeiture of property under the Drug Asset
				  Forfeiture Procedure Act (P.A. 86-1382, effective September 10,
				  1990).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1225 - DRUG ASSET FORFEITURE PROCEDURE ACT › Subpart A - PROMULGATION › Section 1225.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				  set forth in the Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 561/2, par.
				  701 et seq.), and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989,
				  ch. 561/2, pars. 1100 et seq.). For purpose of this Part, the following
				  additional definitions apply:
"Act" means the Drug Asset Forfeiture Procedure Act (P.A.
				  86-1382, effective September 10, 1990).
"Cannabis Control Act" means the Illinois Cannabis Control
				  Act (Ill. Rev. Stat. 1989, ch. 561/2, pars. 701 et seq.) as amended by P.A.
				  86-1382, effective September 10, 1990.
"Conveyance" means any vehicle, aircraft, or vessel.
"Director" means the Director of the Department of State
				  Police or the designee of the Director of the Department of State
				  Police.
"Illinois Controlled Substances Act" means the Illinois
				  Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 561/2, pars. 1100 et seq.)
				  as amended by P.A. 86-1382, effective September 10, 1990.
"Notice/Inventory Form" means a form (or a copy of the form)
				  supplied by the Department of State Police to be used to provide notice of
				  seizure to the Director.
"Seized property" means any property, money, or other asset
				  seized for the purpose of forfeiture under the Act.
"Seizing agency" means the agency primarily responsible for a
				  particular seizure.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1225 - DRUG ASSET FORFEITURE PROCEDURE ACT › Subpart B - PROCEDURES AND RESPONSIBILITIES › Section 1225.30 - Seizure Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				seizing agency that seizes property for the purpose of forfeiture under the Act
				shall, within 35 days of the seizure, provide notice of the seizure to the
				Director.
b) Notice shall be
				provided by mailing a completed Notice/Inventory Form, together with the
				agency's reports relating to the seizure, to the address indicated on the
				form.
c) The completed
				Notice/Inventory Form shall include, but is not limited to, the following
				information:
1) The date, address or
				location, and county of the seizure;
2) The name (including unit description),
				address, contact person, and telephone number of the seizing agency;
3) The name and address of the person from
				whom the property was seized;
4)
				The description of the property seized:
A)
				For conveyances, the description shall include the year, make, model, vehicle
				identification number, storage location, and fair market value;
B) For other personal property, the
				description shall include a narrative description, serial numbers (and any
				other identifying numbers, such as model numbers), storage location, and fair
				market value;
C) For real property,
				the description shall include the address, the legal description, and fair
				market value;
5) The
				name and address of the registered owner of any conveyance seized;
6) The names and addresses of all lien
				holders with respect to any property seized;
7) The names of any other agencies involved
				in the case.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1225 - DRUG ASSET FORFEITURE PROCEDURE ACT › Subpart B - PROCEDURES AND RESPONSIBILITIES › Section 1225.40 - Disposition of Seized Property Before Forfeiture

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless an alternative arrangement as
				defined in Section 12(d)(1) through (6) of the Cannabis Control Act (Ill. Rev.
				Stat. 1989, ch. 561/2, pars. 701 et seq.) and Section 505(d)(1) through (6) of
				the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 561/2, pars.
				1100 et seq.) is ordered in writing by the Director, seized property shall be
				kept in the possession of the seizing agency until forfeiture proceedings are
				completed.
b) The agency in
				possession of seized property shall take whatever action is necessary to ensure
				the seized property is secured and maintained in such a way so as not to be
				reduced in value. This provision applies to both real property and personal
				property. If seized property is returned based on the determination that the
				property was not forfeitable, the agency in possession of property shall be
				financially responsible for any reduction in value due to negligence, waste, or
				destruction of the property.
c)
				Seized property that is evidence in a criminal proceeding shall be kept by the
				seizing agency in the same manner other evidence is maintained by that
				agency.
d) The Director shall be
				notified in writing any time seized property is disposed of by means other than
				forfeiture.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1225 - DRUG ASSET FORFEITURE PROCEDURE ACT › Subpart B - PROCEDURES AND RESPONSIBILITIES › Section 1225.50 - Disposition of Seized Property After Forfeiture

Current through Register Vol. 48, No. 28, July 12, 2024
a) Property forfeited under the Act shall be
				sold by the Director except in the following circumstances:
1) Law requires the property to be destroyed;
				or
2) The property is harmful to
				the public; or
3) The seizing
				agency or the prosecutor responsible for the forfeiture requests in writing
				that the Director return the property to the agency or prosecutor; and
A) The returned property would be used for
				the enforcement of laws relating to cannabis or controlled substances;
				and
B) The Director finds that
				return of the property to the agency or prosecutor would be more effective in
				the enforcement of laws relating to cannabis and controlled substances than
				would the distribution of proceeds of the sale of the property; and
C) If more than one agency participated in
				the seizure, the Director may require agreement among the participating
				agencies that return of the property to a particular agency or prosecutor is
				appropriate.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.20 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Application for a FOID Card shall be made electronically by inputting the
			 information as required by the Act, including, but not limited to, Section 4,
			 as set forth on the Department's website.
1)
			 Assistance with completing the application is available at all customer service
			 kiosks. The locations of such kiosks are available on the Department's
			 website.
2) Paper applications,
			 which may be obtained by contacting the Firearms Services Bureau Call Center,
			 will only be accepted from applicants with appropriate proof of a religious
			 exemption or a disability. Proof of disability includes, but is not limited to,
			 documentation from:
A) the Social Security
			 Administration;
B) the Illinois
			 Worker's Compensation Commission;
C) the U.S. Department of Defense;
D) an insurer authorized to transact business
			 in Illinois who is providing disability insurance coverage; or
E) a physician or heath care provider
			 licensed in this State and is in the position to know the applicant's medical
			 condition.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.25 - Electronic Communication

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Upon development of a system that allows for electronic communication, the
			 Department shall allow a person to elect to receive FOID Card related
			 correspondence via email or text message and to opt out of first-class mail
			 communication.
1) The person will be prompted
			 to indicate how they wish to receive future communications, messages, and
			 alerts using the applicant portal.
2) In order to select email, text messaging,
			 or both, the person must confirm a valid email address and cellular phone
			 number through the applicant portal.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.30 - Duration, Renewal, and Expiration of FOID Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) Duration. A FOID Card shall expire 10
			 years from the date of issuance.
1) The date
			 the FOID Card becomes active within the Department's online FOID/CCL system is
			 designated as the date of issuance for purposes of this Part.
2) If a person who possesses an FCCL or FOID
			 Card with a Designator becomes subject to suspension or revocation under the
			 Firearm Concealed Carry Act, but is otherwise qualified under this Act, their
			 FOID Card will remain valid for its duration without interruption.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.35 - Possession and Validity of a FOID Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) Possession
1) Possession of either a valid FOID Card,
			 FCCL, or FOID Card with Designator shall satisfy the requirements of Section
			 2(a) of the Act regarding possession of a FOID Card.
2) A Designator will be added to the FOID
			 Card to distinguish between persons with an active FOID Card only and persons
			 with an active FOID Card and an FCCL.
3) Possession of a valid FOID Card or FOID
			 Card with Designator does not relieve the holder of the responsibility to
			 comply with State and federal law as it pertains to acquiring or possessing
			 firearms or firearms ammunition.
4)
			 Upon the development of a system under which an electronic version of a FOID
			 card can be displayed on a mobile telephone or other portable electronic
			 device, the possession of such electronic version shall satisfy the
			 requirements of Section 2(a) of the Act regarding possession of a FOID Card so
			 long as the device contains all security features required by the Department to
			 ensure the electronic version is current and accurate.