reglab/statecodes huggingface dataset:
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 1290.60 - School Enrollment Identification and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) No proof of the student's identity and
				age, other than a certified copy of the student's birth certificate, shall be
				accepted. The Department finds no other proof to be reliable.
b) The reports required by paragraphs 2275(b)
				and 2285(b) of the Acts, which identify those enrollments failing to comply
				with the Acts, shall be in writing and shall include at least the student's
				name, sex, race, and date of birth.
c) The reports required by paragraphs 2275(b)
				and 2285(b) of the Acts, which identify requests for flagged student records
				pursuant to paragraphs 2273 and 2283, shall be in writing; shall include at
				least the student's name, sex, race, and date of birth; and shall provide the
				name of the party requesting the record.
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 1290.70 - Miscellaneous Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				requirements and procedures contained in the Acts shall be followed.
b) All reports made to the Department under
				the provisions of the Acts shall be directed to the nearest State Police Region
				Investigative Office, to the Department's Clearinghouse for Missing and
				Exploited Children, or to any subsequent functionally equivalent but
				differently named office of the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1291 - MISSING PERSON NOTIFICATION › Subpart A - PROMULGATION › Section 1291.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to define the means, manner, and
				  form of missing person reports entered on the Law Enforcement Agencies Data
				  System.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1291 - MISSING PERSON NOTIFICATION › Subpart A - PROMULGATION › Section 1291.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meanings
				  set forth in Section 2 of the Intergovernmental Missing Child Recovery Act of
				  1984 (Ill. Rev. Stat. 1987, ch. 23, par. 2252).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1291 - MISSING PERSON NOTIFICATION › Subpart B - OPERATIONS › Section 1291.30 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum level of data required to make an entry of a
				  missing person into the Law Enforcement Agencies Data System shall be the
				  missing person's name, sex, and date of birth.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1291 - MISSING PERSON NOTIFICATION › Subpart B - OPERATIONS › Section 1291.40 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Contact with the State Missing Persons Clearinghouse
				  personnel shall be accomplished by entering the original missing person record
				  into the Law Enforcement Agencies Data System. The Law Enforcement Agencies
				  Data System has been programmed by the Department of State Police to
				  automatically direct the information to the designated Missing Persons
				  Clearinghouse personnel.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1292 - AMBER ALERT NOTIFICATION PLAN › Section 1292.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to develop and implement a
				coordinated program for a statewide emergency alert system to be used when a
				child is abducted.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1292 - AMBER ALERT NOTIFICATION PLAN › Section 1292.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"AMBER Alert Notification Plan" means the system implemented to
				broadcast critical information to the public when a child is abducted.
"AMBER Plan Task Force" means the group appointed by the
				Illinois Department of State Police to monitor and review the implementation
				and operation of the plan, including procedures, budgetary requirements, and
				response protocols. The Task Force shall also develop additional network
				resources for use in the system.
"Child" means a minor under the age of 16 or an individual with
				a proven mental or physical disability, which may be determined on a
				case-by-case basis.
"Child Safety Coordinator" means the Illinois Department of
				State Police employee appointed to assist in the establishment of State
				standards for child safety from kidnap and abduction and to advocate for the
				achievement of those standards. The qualifications and experience for the
				position shall include the knowledge, skill, and mental development equivalent
				to completion of four years of college, preferably with courses in business or
				public administration; at least one year of professional experience in a public
				or private organization; prior law enforcement experience, preferably in crimes
				against children; ability to assist with the development and management of a
				supportive agency program; ability to assist in the interpretation of
				Department policies and procedures; and the ability to maintain cooperative
				working relationships.
"Department" means the Illinois Department of State
				Police.
"Investigative law enforcement agency" means the law
				enforcement agency leading the investigation in the jurisdiction in which the
				abduction occurred.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1292 - AMBER ALERT NOTIFICATION PLAN › Section 1292.30 - Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The following criteria must be met to activate the AMBER Alert
				Notification Plan:
a) The
			 investigative law enforcement agency must confirm that a child has been
			 abducted.
b) The investigative law
			 enforcement agency must confirm that the child meets the definition of child
			 contained within Section
			 1292.20 of this
			 Part.
c) Law enforcement officials
			 must believe the child is in danger of serious bodily harm or death.
d) There must be sufficient descriptive
			 information about the child, abductor, and/or suspect's vehicle to believe an
			 immediate broadcast alert will help locate the child, abductor, and/or
			 suspect's vehicle.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1292 - AMBER ALERT NOTIFICATION PLAN › Section 1292.40 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 investigative law enforcement agency must confirm the situation meets the
			 criteria outlined in Section
			 1292.30 of this Part
			 and then contact the Illinois Department of State Police Springfield
			 Communications Center to request activation of the AMBER Alert Notification
			 Plan.
b) The investigative law
			 enforcement agency shall notify all Illinois law enforcement agencies of a
			 child abduction alert through the Law Enforcement Agencies Database System
			 (LEADS) and other state law enforcement agencies through the National Law
			 Enforcement Telecommunications System (NLETS).
c) Critical information relating to the
			 abduction will be sent via the National Weather Service Emergency Alert System
			 to statewide media outlets by the Illinois Department of State Police
			 Springfield Communications Center.
d) The Illinois Department of State Police
			 Springfield Communications Center will request that the media broadcast details
			 of the abduction in order to obtain the public's assistance in locating the
			 abducted child, abductor, and/or vehicle used in the abduction.
e) The Illinois Department of State Police
			 Springfield Communications Center will contact the Illinois Department of
			 Transportation in order to post the critical information relating to the
			 abduction on Illinois Department of Transportation and Illinois Tollway
			 electronic message signs on roads and highways and Illinois State
			 websites.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1292 - AMBER ALERT NOTIFICATION PLAN › Section 1292.50 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall establish an AMBER Plan Task Force.
b) The Department shall appoint a Child
			 Safety Coordinator.
c) The
			 Department, in coordination with the Illinois Emergency Management Agency,
			 shall develop and implement a community outreach program to promote awareness
			 among the State's parents and children of child abduction prevention and
			 response.
d) The Department, in
			 coordination with the Illinois State Board of Education, shall develop child
			 abduction prevention instruction for inclusion in elementary and secondary
			 school curricula throughout the State. The Department and State Board of
			 Education shall encourage the inclusion of the child abduction prevention
			 instruction in private elementary and secondary school curricula throughout the
			 State.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1293 - EMISSION INSPECTION TRAINING AND CERTIFICATION › Section 1293.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures for the
				training and certification of Illinois State Police Officers who conduct diesel
				emission inspections pursuant to the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1293 - EMISSION INSPECTION TRAINING AND CERTIFICATION › Section 1293.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means to Chapters 13, 13A and 13B of the Illinois Vehicle
				Code [625 ILCS 5 /Ch. 13, 13A and 13B], which pertain to diesel emission
				inspections.
"Certification" means the authorization of an individual by the
				Director of State Police or designee as a person qualified to perform diesel
				emission inspections as provided by the Act.
"Training" means instruction provided by the Illinois
				Department of State Police in the legal, practical, and technical aspects of
				diesel emission inspection.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1293 - EMISSION INSPECTION TRAINING AND CERTIFICATION › Section 1293.30 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Certification
			 will occur upon completion of training and successful passage of a written
			 examination.
b) Training shall be
			 not less than six hours in duration and shall include both classroom and
			 practical components.
c)
			 Certification expires after two years from the date of certification.
d) Re-certification may occur any time within
			 one year before or after the expiration of certification.
e) Re-certification training will consist of
			 a refresher course of not less than four hours in duration and successful
			 passage of a written examination.
f) Re-certification provides the same
			 authorization as certification.
g)
			 The Director of State Police or designee shall schedule training and select
			 trainees on the basis of need, qualifications, and available
			 resources.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to delineate regulations for the
				certification, periodic recertification, and revocation of certification of
				electronic criminal surveillance officers; to specify standards for procedures
				and equipment used to intercept and record private oral communications; and to
				adopt measures to protect privileged communications and minimize monitoring of
				nonpertinent conversations, while permitting the legitimate investigative aims
				of law enforcement to be pursued.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.30 - Qualification, Certification, and Recertification of Officers

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall engage in the interception of private oral
				communication as described in the Act, unless authorized to do so pursuant to
				certification provisions elaborated in this Part.
a) Qualifications - The qualifications of all
			 candidates for certification as electronic criminal surveillance officers shall
			 be specified in an application to the Director from the chief executive officer
			 of the law enforcement agency which the candidate represents. The application
			 shall include a recommendation of the candidate by the chief executive officer.
			 Other information to be supplied shall include:
1) The candidate's name, sex, date of birth,
			 and agency identification number;
2) The candidate's business address and
			 telephone numbers; and
3) Statement
			 that the candidate is a full-time law enforcement officer or a retired law
			 enforcement officer.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.40 - Revocation of Certification

Current through Register Vol. 48, No. 28, July 12, 2024
The Director, with the concurrence of the Illinois Law
				Enforcement Training Standards Board, shall have the power to revoke or suspend
				any certification granted under this Part. The procedure to revoke or suspend
				certification shall be as follows:
a)
			 If the Director receives an allegation from any source that a certified
			 Electronic Criminal Surveillance Officer is violating any law relating to
			 electronic criminal surveillance or is violating any provision of this Part,
			 the Director shall investigate the allegation. The Director shall notify the
			 Illinois Law Enforcement Training Standards Board of all such
			 investigations.
b) At the
			 conclusion of the investigation, the Director shall review the findings with
			 the Illinois Law Enforcement Training Standards Board.
c) If the Director and the Illinois Law
			 Enforcement Training Standards Board conclude that the officer has
			 intentionally violated the law or has intentionally violated the civil rights
			 of any party, the officer's certification shall be revoked, and the officer's
			 credentials impounded and destroyed. An officer whose credentials have been
			 revoked shall not be eligible for certification or recertification for a period
			 of 5 years.
d) If the Director and
			 the Illinois Law Enforcement Training Standards Board conclude that the officer
			 has violated any requirement of this Part, the officer's certification shall be
			 suspended and impounded until the officer has successfully completed a
			 recertification training course.
e)
			 Within 10 days after the decision, the Director shall notify in writing the
			 officer and the chief executive officer of the agency employing the officer of
			 any decision to revoke or suspend the officer's certification.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.50 - Recording and Minimization Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Electronic Criminal Surveillance Officers shall comply with the
				minimization standards required by the Act and this Part:
a) Minimization requires that the
			 intercepting officer must use judgement and background knowledge of the
			 criminal investigation and its participants, together with facts and
			 circumstances that develop in the overheard conversations, to refrain from
			 intercepting their non-pertintent, innocent, or privileged conversations as
			 they take place.
b) Judgements
			 concerning minimization decisions shall be based on the knowledge possessed by
			 the interception officer at the time of the decision. Examples of factors to be
			 considered are as follows:
1) The nature and
			 scope of the criminal activity being investigated.
2) The use of ambiguous, guarded, coded, or
			 foreign language.
3) The location
			 of the telephone or facility.
4)
			 The expectation of the intercepted conversation containing statements relating
			 to criminal conduct.
5) The
			 likelihood of the interception containing privileged communications.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.60 - Documentation Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The following documents shall be completed and maintained with
				respect to any interception of private oral communication authorized by the
				Act. The log may be a paper form, or a digital record produced by the intercept
				device:
a) The Monitor's Intercept Log
			 shall include the monitors' names; the date and shift; the intercept case
			 number; the designation number of recording media; the name of the subject; the
			 court order number; and for each call, identification of the call as outgoing
			 or incoming and the caller and called parties; the start and finish time of the
			 call; call tag data; whether the call was pertinent; whether any minimization
			 was required; if any spot checks were made; a summary of the call; and the
			 initials of the party making the entry.
b) The Monitor's Post Log shall include the
			 case number; the shift and date; the case investigator; and for each individual
			 present at the monitor post, the person's name and agency; the time in and time
			 out of the monitor post; the person's reason for being at the monitoring post;
			 and an acknowledgement that the person is aware of all instructions from
			 judges, prosecutors, and supervising officers concerning the execution of the
			 court order authorizing the intercept.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.70 - Evidence Handling Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall apply to the handling of
				evidence generated pursuant to these provisions:
a) Based on the operating specifications of
			 the intercept equipment, all intercepted conversations will be electronically
			 recorded in a manner consistent with the intercept device.
b) Each shift shall ensure all electronically
			 recorded conversations are properly stored and protected in accordance with the
			 intercept device's design and function.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1295 - CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS › Section 1295.80 - Specifications for Materials and Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The materials and equipment used for
			 electronic criminal surveillance shall be of a type and quality sufficient to
			 satisfy the requirements of the Act and ensure adequate collection and
			 preservation of evidence. The standards outlined in subsection (b) shall be met
			 or exceeded.
b) Intercept device
			 equipment shall:
1) Include audio monitoring
			 capabilities.
2) Include controls
			 to facilitate minimization.
3)
			 Provide electronic documentation of all minimization incidents.
4) Display call data.
5) Protect the recording from editing or
			 other alterations.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart A - PROMULGATION › Section 1296.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to delineate regulations
				  concerning the use of devices in the interception and recording of oral
				  conversations, to adopt measures regarding the retention of tape recordings and
				  reports made as a result of such interceptions, and establish documentation
				  requirements with respect to such interceptions.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart A - PROMULGATION › Section 1296.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				  set forth in Section 14-1 of the Criminal Code [720 ILCS
				  5/14-1 ]. For purpose of this Part, the following
				  additional definitions apply:
"Act" means Article 14 of the Criminal Code [720 ILCS 5 /Art.
				  14].
"Chief Law Enforcement Officer of the County" means the
				  sheriff of said county.
"Inventoried" means retained under the policies and
				  procedures of the investigating law enforcement agency conducting the
				  interception or recording; or, if no policy or procedure exists, the policies
				  and procedures established by the Office of the Sheriff of the County in which
				  the interception or recording occurred.
"Prior Notification" means written or verbal notice directed
				  to the State's Attorney's Office informing the State's Attorney of a law
				  enforcement agency's intention to use a listening or recording device pursuant
				  to
				  720 ILCS
				  5/14-3(g). The notification shall be
				  deemed to have occurred if delivered by hand; upon verbal communication; or
				  upon faxing or transmitting by any electronic information
				  system.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart B - OPERATIONS › Section 1296.30 - Interception and Recording Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Interceptions or recordings made pursuant
				to
				720 ILCS
				5/14-3(g) of the Act shall be
				accomplished in a manner and with devices which shall provide the law
				enforcement agency conducting the interception or recording a method to monitor
				the safety and security of the consenting party during the conversation between
				the consenting party and the non-consenting party or parties to the
				conversation.
b) Any and all
				recordings of any interception or recording made pursuant to this Section shall
				be protected from editing or other alteration. The law enforcement officer
				conducting the interception shall designate the first recording from each
				device used as the "Original" tape for inventory and reporting purposes. Any
				duplicates or other recordings made from the "Original" recordings shall be
				designated "Duplicates" for inventory and reporting purposes. Both the
				"Original" and "Duplicate" recordings shall be inventoried with the original
				signed written record. Access to any "Original" recording, "Duplicate"
				recording, or inventoried original written record shall be logged as to the
				date, time, and identity of the person inspecting, removing, or returning any
				specified items.
c) The Chief Law
				Enforcement Officer of the County shall direct that any law enforcement agency
				that intercepts or records any conversation in said county pursuant to
				720 ILCS
				5/14-3(g) will either deliver both
				the written record of the interception or recording and any and all recordings
				of the interception or recording to the Office of the Sheriff, or retain said
				written record and recording as evidence within the law enforcement agency. In
				no event shall the Sheriff deny a request by a law enforcement agency to retain
				the written record or recordings of interceptions made pursuant to
				720 ILCS
				5/14-3(g).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart B - OPERATIONS › Section 1296.40 - Period of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Prior notification issued under
				  720 ILCS
				  5/14-3(g) shall authorize a law
				  enforcement agency to use any device for the interception or recording during
				  the time period specified in the prior notification, not to exceed ten days, or
				  for ten days from the date and time the initial prior notification was issued
				  if no interception time period is stated in the prior notification. If the
				  continuing use of a device is required beyond the specified interception period
				  in the initial prior notification, or if the use exceeds ten days and no time
				  period was specified, the law enforcement agency shall issue subsequent
				  notifications to the State's Attorney extending the interception or recording
				  time period in accordance with the prior notification procedures established
				  under the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart B - OPERATIONS › Section 1296.50 - Documentation Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior Notification
Prior to the initiation of any period of interception or
				  recording pursuant to
				  720 ILCS
				  5/14-3(g), the law enforcement agency
				  shall provide the State's Attorney, in the county in which said recording or
				  listening will occur, prior notification.
b) A copy of all written prior notification
				to the State's Attorney shall be maintained by the submitting police agency.
				Verbal prior notifications to the State's Attorney shall be documented in
				writing and submitted to the State's Attorney within 24 hours after the verbal
				notification and a copy shall be retained by the submitting police agency in
				the same manner as written prior notifications. The prior notification shall
				contain the following information:
1) The
				nature of the notice;
2) The agency
				providing notice;
3) The name of
				the individual providing notice;
4)
				The name and phone number of an agency contact;
5) The agency case number;
6) The date and time notice was
				issued;
7) Information on how the
				notice was issued;
8) The nature of
				the offense being investigated;
9)
				The time period for which the notice shall apply; and
10) The fact there is a consenting party to
				the conversation.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1296 - EXEMPT CONVERSATION PROCEDURES › Subpart B - OPERATIONS › Section 1296.60 - Specifications for Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Audio recording tapes shall be virgin standard audio recording cassettes or
				spools.
b) The audio recording
				equipment shall be of a type and quality sufficient to ensure adequate
				collection and protection of its recording from editing or
				alteration.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1297 - BAIT CAR PROCEDURES › Subpart A - PROMULGATION › Section 1297.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to delineate regulations
				  concerning the use of devices in the recording of transmissions from a
				  microphone placed by a person under the authority of a law enforcement agency
				  inside a bait car surveillance vehicle and to adopt measures regarding the
				  retention of any such recorded evidence. These regulations shall apply
				  exclusively to bait cars as defined in Section 14-1(f) of the
				  Code.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1297 - BAIT CAR PROCEDURES › Subpart A - PROMULGATION › Section 1297.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				  set forth in Section 14-1 of the Criminal Code. For purpose of this Part, the
				  following additional definitions apply:
"Article 14" means Article 14 of the Criminal Code [720 ILCS
				  5 /Art. 14] (Eavesdropping).
"Code" or "Criminal Code" means the Criminal Code of 1961
				  [720 ILCS 5 ].
"Inside a bait car" means inside of the vehicle.
"Inventoried" means retained under the policies and
				  procedures of the investigating law enforcement agency conducting the
				  interception or recording; or, if no policy or procedure exists, the policies
				  and procedures establishes by the office of the sheriff of the county in which
				  the interception or recording occurred.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1297 - BAIT CAR PROCEDURES › Subpart B - OPERATIONS › Section 1297.30 - Interception and Recording Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any and all recordings made pursuant to
				this Section shall be protected from editing or other alteration. The first
				recording from each device used shall be designated as the "original" for
				inventory and reporting purposes.
b) Any and all original recordings shall be
				inventoried in accordance with the guidelines of the appropriate law
				enforcement agency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1297 - BAIT CAR PROCEDURES › Subpart B - OPERATIONS › Section 1297.40 - Specifications for Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Based on the operating specifications of the recording equipment, all recorded
				conversations will be saved to virgin blank media and protected from future
				additions, editing or alterations.
b) The materials and equipment used for
				recording conversations pursuant to Section 14-3(n) of the Code shall be of a
				type and quality sufficient to satisfy the requirements of Article 14 and
				ensure adequate collection and preservation of evidence.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1298 - IMAGING PRODUCTS › Section 1298.10 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of State Police, in the context of its powers
				and duties, captures digital images, videos, and measurements in a variety of
				formats. Individuals and other entities often desire to obtain copies of these
				digital images, videos, and measurements. This Part is intended to establish
				the requirements and procedures for obtaining imaging products from the
				Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1298 - IMAGING PRODUCTS › Section 1298.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Illinois Department of State
				Police.
"Graphic Image" means any image, video or electronic file,
				including, but not limited to, those depicting a nude human body, autopsy or
				post-mortem images, a body with severe trauma or injuries, or any digital
				image, video or similar image, the release of which a reasonable person would
				find constitutes an unwarranted invasion of personal privacy.
"Imaging Products" means any digital images, videos, or
				measurements collected or produced by Department of State Police personnel.
				These may include, but are not limited to, digital animations, charts, or other
				digital media produced by Department of State Police personnel.
"Requester" means a person or other entity that requests
				imaging products from the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1298 - IMAGING PRODUCTS › Section 1298.30 - Request Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 requester shall complete an Imaging Request Form for each imaging product
			 request.
b) Each request shall
			 include the appropriate fee established in Section
			 1298.40, for the particular
			 image product requested. The payment of fees, established in Section 1298.40,
			 shall be made by certified check, money order or personal check made payable to
			 the State Police Services Fund; cash will not be accepted.
c) The Department shall not process any
			 request until a correctly completed Imaging Request Form and the appropriate
			 fee is received. The Department shall return any incorrect or incomplete
			 Imaging Request Form and fee to the requester.
d) All imaging products will be provided to
			 the requester in a digital format.
e) Graphic images will only be provided to
			 the requester if the Imaging Request Form is accompanied by a subpoena or
			 notarized permission of the individual depicted in the graphic image. If the
			 individual depicted in the graphic image is deceased or lacks capacity to grant
			 permission, the Imaging Request Form must be accompanied by notarized
			 permission of that individual's legal representative.
f) All requested imaging products shall be
			 sent to the requester by U.S. Mail unless other arrangements are made and paid
			 for by the requester.
g) The
			 requester shall not reproduce, license, sell, or further distribute imaging
			 products without the written consent of the Department.
h) Imaging products will only be provided to
			 requesters in compliance with the exemptions to the Illinois Freedom of
			 Information Act [
			 5 ILCS 140/7
			 ].
i) Imaging products will be
			 provided to the requester in the electronic format in which they are maintained
			 by the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1298 - IMAGING PRODUCTS › Section 1298.40 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The fees reflect the costs incurred to reproduce the particular
				imaging products. Fees shall be deposited into the State Police Services Fund
				or as otherwise legally required. The fees shall be as follows:
a) Optical CD/DVD containing imaging products
			 ([LESS THAN]80 MB) $20
b) Optical
			 CD/DVD containing imaging products (80-160 MB) $40
c) Optical CD/DVD containing imaging products
			 (>160 MB) $100
d) Flash drive
			 containing imaging products ([LESS THAN]80 MB) $40
e) Flash drive containing imaging products
			 (80-160 MB) $60
f) Flash drive
			 containing imaging products (>160 MB) $120
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1500 - THE UNIFORM CONSIDERATION OF ANNUAL AND PERIODIC AUDITS OF THE STATE CENTRAL REPOSITORIES FOR CRIMINAL HISTORY RECORD INFORMATION › Section 1500.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
As the official body in the State of Illinois designated to
				conduct annual and periodic audits of the procedures, policies, and practices
				of the state central repositories for criminal history record information, the
				Illinois Criminal Justice Information Authority (hereinafter called the
				Authority) shall be responsible for monitoring and evaluating the performance
				of the repositories with respect to the accuracy and completeness of criminal
				history record information and for the detection and correction of audit
				exceptions. The Authority shall conduct the annual and periodic audits for the
				purposes of ensuring:
a) continuing
			 public review and discussion of the procedures, practices, and policies of the
			 repositories' maintenance of criminal history record information;
b) adherence to federal and state laws
			 governing criminal history record information (See e.g., 28 CFR 20 et seq., as
			 amended December 6, 1977; Ill. Rev. Stat. 1982 Supp., ch. 38 pars. 210-1 et
			 seq., as amended; Public Act 83-1013, certified December 27, 1983);
c) retention of documentation tracing the
			 creation, copying, and dissemination of criminal history record
			 information;
d) compliance by the
			 repositories with their internal procedures, policies, and practices;
			 and
e) availability of information
			 regarding the accuracy, completeness and integrity of the criminal history
			 record information maintained throughout the State.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1500 - THE UNIFORM CONSIDERATION OF ANNUAL AND PERIODIC AUDITS OF THE STATE CENTRAL REPOSITORIES FOR CRIMINAL HISTORY RECORD INFORMATION › Section 1500.200 - Audit Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Authority shall audit the state central repositories at least once each year.
			 The Executive Director shall designate those members of the Authority staff
			 authorized to conduct the audits of the state central repositories on behalf of
			 the Authority (based upon costs and available resources). The Executive
			 Director shall also authorize other state employees or private or government
			 consultants to conduct audits when such assistance is required to improve the
			 efficiency of the audit.
b) All
			 persons authorized by the Executive Director to conduct audits on behalf of the
			 Authority shall be subject to personnel clearances as required by federal
			 regulations ( 28 CFR 20, as amended December 6, 1977) and shall have an
			 obligation to be familiar with the substance and intent of all federal and
			 state laws regarding the privacy and security of criminal history record
			 information.
c) The audits shall be
			 conducted on the premises of the state central repositories when necessary for
			 the Authority to review original record documents or to improve the quality of
			 the audit. In addition, the Authority shall direct the repositories to provide
			 whatever information is required to complete the audit.
d) The Authority shall audit a representative
			 sample of records maintained by the state central repositories for compliance
			 with established procedures. At a minimum, the Authority shall audit:
1) accuracy and completeness of
			 records;
2) dissemination
			 procedures for consistency with state and federal laws;
3) correction procedures for records found to
			 contain errors;
4) delinquent
			 disposition monitoring, internal audit, security, access and review
			 procedures.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1500 - THE UNIFORM CONSIDERATION OF ANNUAL AND PERIODIC AUDITS OF THE STATE CENTRAL REPOSITORIES FOR CRIMINAL HISTORY RECORD INFORMATION › Section 1500.300 - Responsibilities of the State Central Repositories

Current through Register Vol. 48, No. 28, July 12, 2024
a) As required by law, the state central
			 repositories shall audit, correct and update criminal history record
			 information maintained by them. This responsibility shall be fulfilled by
			 conducting systematic audits for accuracy and completeness by automatically
			 logging data entries, primary and secondary disseminations and by automatically
			 monitoring for delinquent dispositions.
b) The state central repositories shall audit
			 local criminal justice agencies reporting to them or obtaining criminal history
			 record information from them. This responsibility shall be fulfilled by
			 conducting random audits for compliance with state and federal requirements
			 regarding criminal history record information, including, but not limited to,
			 auditing for disposition reporting, dissemination, security, access and review
			 of such information.
c) In
			 conducting the audits of local criminal justice agencies described above, the
			 state central repositories shall document each individual record, practice,
			 policy or procedure audited by recording whether or not any audit exception was
			 found, if so, stating what the exception was, the nature of the response needed
			 to correct the exception, and the date the correction was actually made. This
			 documentation shall be retained by the state central repositories for one year
			 after the Authority issues an audit report.
d) The state central repositories shall
			 notify the local criminal justice agency, in writing, of all errors and
			 exceptions found and establish a reasonable time period in which the local
			 criminal justice agency can respond and correct the errors or exceptions, but
			 not more than thirty days. At the expiration of the time period established,
			 the state central repositories shall monitor the local agency to determine
			 whether the errors or exceptions have, in fact, been corrected.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1500 - THE UNIFORM CONSIDERATION OF ANNUAL AND PERIODIC AUDITS OF THE STATE CENTRAL REPOSITORIES FOR CRIMINAL HISTORY RECORD INFORMATION › Section 1500.400 - Sampling Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 state central repositories shall audit a statistically significant random
			 sample of the records they maintain for accuracy and completeness by comparing
			 them with the source documents. Such audits shall be conducted at least once a
			 year, documented as described in Section
			 1500.300(c)
			  above, and retained for at least one year
			 for audit by the Authority.
b) The
			 state central repositories shall audit a representative sample of local
			 criminal justice agencies chosen on a random basis for compliance with state
			 and federal laws. Such audits shall be conducted on a continuous basis,
			 documented as described in Section
			 1500.300(c)
			  above, and retained for at least one year
			 for audit by the Authority. A "representative sample" as used in this
			 subsection means a statistically significant number of criminal justice
			 agencies varying by type, geographic location and size (expressed by population
			 served) so as to fairly depict a cross-section of the criminal justice agencies
			 found in the state.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1500 - THE UNIFORM CONSIDERATION OF ANNUAL AND PERIODIC AUDITS OF THE STATE CENTRAL REPOSITORIES FOR CRIMINAL HISTORY RECORD INFORMATION › Section 1500.500 - Audit Findings and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Authority shall issue a report of its
			 audit findings to the Governor, the General Assembly, the state central
			 repositories, and the public.
b)
			 The report shall include a precise statement of the scope of the audit, a
			 statement of the findings resulting from the audit, a statement of the
			 prospective significance of the findings, recommendations to the state central
			 repositories with respect to their procedures, practices, and policies, and a
			 statement of explanation or rebuttal which may have been submitted by the
			 audited agency.
c) In conducting
			 subsequent audits the Authority shall specifically monitor the state central
			 repositories for correction of audit exceptions noted in the previous audit and
			 include its findings in the audit report.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1510 - THE UNIFORM CONSIDERATION OF ADMINISTRATIVE APPEALS › Section 1510.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Criminal Justice Information Authority
				(hereinafter called the "Authority") is the sole administrative appeal body in
				the State of Illinois to conduct hearings and make final determinations
				concerning individual challenges to the completeness and accuracy of criminal
				history record information (Illinois Criminal Justice Information Act, Ill.
				Rev. Stat. 1982 Supp., ch. 38, par. 210-7(h)) and is authorized to promulgate
				such rules, regulations, and procedures as are necessary to the operation of
				the Authority and to the uniform consideration of appeals (Ill. Rev. Stat. 1982
				Supp., ch. 38, par. 210-7(o)). The purpose of public administrative appeal
				hearings shall be to air the pertinent evidence in cases concerning individual
				access and review of criminal history record information, while affording due
				process to all parties. All parties shall have the right to appear with
				counsel, to be present and to participate. The right to participate shall
				include the rights to call, examine and cross-examine witnesses, and to
				introduce evidence into the record. Unless specified otherwise herein, all
				public administrative appeal hearings of the Authority shall be governed by the
				Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars.
				1001 et seq.) as in effect as of the date of filing of this
				rule.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1510 - THE UNIFORM CONSIDERATION OF ADMINISTRATIVE APPEALS › Section 1510.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appeals
			 Committee - The term "Appeals Committee" means the standing committee of the
			 Authority consisting of the Authority's three members of the general
			 public.
b) Committee Chairman - The
			 term "committee chairman" means the chairman of the Appeals Committee of the
			 Authority who is appointed by the Chairman of the Authority.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1510 - THE UNIFORM CONSIDERATION OF ADMINISTRATIVE APPEALS › Section 1510.300 - Request for Administrative Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual shall file with the
			 Authority a request for administrative appeal within 56 days of receipt of
			 written notification that an administrative review has been completed by the
			 reviewing agency of the state central repository. Such request shall be
			 submitted to the Authority on an "Administrative Appeal Complaint Form," or, if
			 such form is unavailable, a written request for administrative appeal may be
			 substituted.
b) An Administrative
			 Appeal Complaint Form shall contain the reviewing agency's name and the
			 National Crime Information Center (NCIC) number, the State identification
			 number, the individual's full name, address and telephone number, date of
			 birth, notices and instructions, the reviewing officer's name and
			 identification number, the individual's signature, the date filed, space for
			 narrative explaining the specific item or items challenged as being incomplete
			 or inaccurate, the exact correction(s) the individual would have the Authority
			 make, and a space where the individual may request an oral hearing. The form
			 shall also contain a space for a narrative to allow explanation of the reason
			 for the appeal.
c) Upon receipt of
			 a request for an administrative appeal, the Appeals Committee shall request
			 that the state central repository or reviewing criminal justice agency forward
			 within seven (7) days all documentation and information used by the reviewing
			 agency to reach its decision.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1510 - THE UNIFORM CONSIDERATION OF ADMINISTRATIVE APPEALS › Section 1510.500 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall exclude irrelevant, immaterial or unduly
				repetitious evidence. All documents and other evidence offered or taken for the
				record shall be open to examination by the parties. An opportunity shall be
				given to refute facts and arguments advanced on either side of the issues
				either by written or oral statements.