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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 2605-51 as follows:
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7 | (20 ILCS 2605/2605-51)
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8 | Sec. 2605-51. Division of the Academy and Training. | ||||||
9 | (a) The Division of the Academy and Training shall | ||||||
10 | exercise, but not be limited to, the following functions: | ||||||
11 | (1) Oversee and operate the Illinois State Police | ||||||
12 | Training Academy. | ||||||
13 | (2) Train and prepare new officers for a career in law | ||||||
14 | enforcement, with innovative, quality training and | ||||||
15 | educational practices. | ||||||
16 | (3) Offer continuing training and educational programs | ||||||
17 | for Illinois State Police employees. | ||||||
18 | (4) Oversee the Illinois State Police's recruitment | ||||||
19 | initiatives. | ||||||
20 | (5) Oversee and operate the Illinois State Police's | ||||||
21 | quartermaster. | ||||||
22 | (6) Duties assigned to the Illinois State Police in | ||||||
23 | Article 5, Chapter 11 of the Illinois Vehicle Code |
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1 | concerning testing and training officers on the detection | ||||||
2 | of impaired driving. | ||||||
3 | (7) Duties assigned to the Illinois State Police in | ||||||
4 | Article 108B of the Code of Criminal Procedure. | ||||||
5 | (b) The Division of the Academy and Training shall | ||||||
6 | exercise the rights, powers, and duties vested in the former | ||||||
7 | Division of State Troopers by Section 17 of the Illinois State | ||||||
8 | Police Act. | ||||||
9 | (c) Specialized training. | ||||||
10 | (1) Training; cultural diversity. The Division of the | ||||||
11 | Academy and Training shall provide training and continuing | ||||||
12 | education to State police officers concerning cultural | ||||||
13 | diversity, including sensitivity toward racial and ethnic | ||||||
14 | differences. This training and continuing education shall | ||||||
15 | include, but not be limited to, an emphasis on the fact | ||||||
16 | that the primary purpose of enforcement of the Illinois | ||||||
17 | Vehicle Code is safety and equal and uniform enforcement | ||||||
18 | under the law. | ||||||
19 | (2) Training; death and homicide investigations. The | ||||||
20 | Division of the Academy and Training shall provide | ||||||
21 | training in death and homicide investigation for State | ||||||
22 | police officers. Only State police officers who | ||||||
23 | successfully complete the training may be assigned as lead | ||||||
24 | investigators in death and homicide investigations. | ||||||
25 | Satisfactory completion of the training shall be evidenced | ||||||
26 | by a certificate issued to the officer by the Division of |
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1 | the Academy and Training. The Director shall develop a | ||||||
2 | process for waiver applications for officers whose prior | ||||||
3 | training and experience as homicide investigators may | ||||||
4 | qualify them for a waiver. The Director may issue a | ||||||
5 | waiver, at his or her discretion, based solely on the | ||||||
6 | prior training and experience of an officer as a homicide | ||||||
7 | investigator. | ||||||
8 | (A) The Division shall require all homicide | ||||||
9 | investigator training to include instruction on | ||||||
10 | victim-centered, trauma-informed investigation. This | ||||||
11 | training must be implemented by July 1, 2023. | ||||||
12 | (B) The Division shall cooperate with the Division | ||||||
13 | of Criminal Investigation to develop a model | ||||||
14 | curriculum on victim-centered, trauma-informed | ||||||
15 | investigation. This curriculum must be implemented by | ||||||
16 | July 1, 2023. | ||||||
17 | (3) Training; police dog training standards. All | ||||||
18 | police dogs used by the Illinois State Police for drug | ||||||
19 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
20 | the Illinois Controlled Substances Act, and the | ||||||
21 | Methamphetamine Control and Community Protection Act shall | ||||||
22 | be trained by programs that meet the certification | ||||||
23 | requirements set by the Director or the Director's | ||||||
24 | designee. Satisfactory completion of the training shall be | ||||||
25 | evidenced by a certificate issued by the Division of the | ||||||
26 | Academy and Training. |
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1 | (4) Training; post-traumatic stress disorder. The | ||||||
2 | Division of the Academy and Training shall conduct or | ||||||
3 | approve a training program in post-traumatic stress | ||||||
4 | disorder for State police officers. The purpose of that | ||||||
5 | training shall be to equip State police officers to | ||||||
6 | identify the symptoms of post-traumatic stress disorder | ||||||
7 | and to respond appropriately to individuals exhibiting | ||||||
8 | those symptoms. | ||||||
9 | (5) Training; opioid antagonists. The Division of the | ||||||
10 | Academy and Training shall conduct or approve a training | ||||||
11 | program for State police officers in the administration of | ||||||
12 | opioid antagonists as defined in paragraph (1) of | ||||||
13 | subsection (e) of Section 5-23 of the Substance Use | ||||||
14 | Disorder Act that is in accordance with that Section. As | ||||||
15 | used in this Section, "State police officers" includes | ||||||
16 | full-time or part-time State police officers, | ||||||
17 | investigators, and any other employee of the Illinois | ||||||
18 | State Police exercising the powers of a peace officer. | ||||||
19 | (6) Training; sexual assault and sexual abuse. | ||||||
20 | (A) Every 3 years, the Division of the Academy and | ||||||
21 | Training shall present in-service training on sexual | ||||||
22 | assault and sexual abuse response and report writing | ||||||
23 | training requirements, including, but not limited to, | ||||||
24 | the following: | ||||||
25 | (i) recognizing the symptoms of trauma; | ||||||
26 | (ii) understanding the role trauma has played |
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1 | in a victim's life; | ||||||
2 | (iii) responding to the needs and concerns of | ||||||
3 | a victim; | ||||||
4 | (iv) delivering services in a compassionate, | ||||||
5 | sensitive, and nonjudgmental manner; | ||||||
6 | (v) interviewing techniques in accordance with | ||||||
7 | the curriculum standards in this paragraph (6); | ||||||
8 | (vi) understanding cultural perceptions and | ||||||
9 | common myths of sexual assault and sexual abuse; | ||||||
10 | and | ||||||
11 | (vii) report writing techniques in accordance | ||||||
12 | with the curriculum standards in this paragraph | ||||||
13 | (6). | ||||||
14 | (B) This training must also be presented in all | ||||||
15 | full and part-time basic law enforcement academies. | ||||||
16 | (C) Instructors providing this training shall have | ||||||
17 | successfully completed training on evidence-based, | ||||||
18 | trauma-informed, victim-centered responses to cases of | ||||||
19 | sexual assault and sexual abuse and have experience | ||||||
20 | responding to sexual assault and sexual abuse cases. | ||||||
21 | (D) The Illinois State Police shall adopt rules, | ||||||
22 | in consultation with the Office of the Attorney | ||||||
23 | General and the Illinois Law Enforcement Training | ||||||
24 | Standards Board, to determine the specific training | ||||||
25 | requirements for these courses, including, but not | ||||||
26 | limited to, the following: |
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1 | (i) evidence-based curriculum standards for | ||||||
2 | report writing and immediate response to sexual | ||||||
3 | assault and sexual abuse, including | ||||||
4 | trauma-informed, victim-centered interview | ||||||
5 | techniques, which have been demonstrated to | ||||||
6 | minimize retraumatization, for all State police | ||||||
7 | officers; and | ||||||
8 | (ii) evidence-based curriculum standards for | ||||||
9 | trauma-informed, victim-centered investigation | ||||||
10 | and interviewing techniques, which have been | ||||||
11 | demonstrated to minimize retraumatization, for | ||||||
12 | cases of sexual assault and sexual abuse for all | ||||||
13 | State police officers who conduct sexual assault | ||||||
14 | and sexual abuse investigations. | ||||||
15 | (7) Training; human trafficking. The Division of the | ||||||
16 | Academy and Training shall conduct or approve a training | ||||||
17 | program in the detection and investigation of all forms of | ||||||
18 | human trafficking, including, but not limited to, | ||||||
19 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
20 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
21 | of a minor under subsection (c) of Section 10-9 of the | ||||||
22 | Criminal Code of 2012, and trafficking in persons under | ||||||
23 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
24 | 2012. This program shall be made available to all cadets | ||||||
25 | and State police officers. | ||||||
26 | (8) Training; hate crimes. The Division of the Academy |
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1 | and Training shall provide training for State police | ||||||
2 | officers in identifying, responding to, and reporting all | ||||||
3 | hate crimes.
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4 | (Source: P.A. 102-538, eff. 8-20-21.)
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5 | Section 15. The Illinois Municipal Code is amended by | ||||||
6 | adding Division 1.5 of Article 11 as follows:
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7 | (65 ILCS 5/Art. 11 Div. 1.5 heading new) | ||||||
8 | DIVISION 1.5. | ||||||
9 | CO-RESPONDER PILOT PROGRAM | ||||||
10 | (65 ILCS 5/11-1.5-5 new) | ||||||
11 | Sec. 11-1.5-5. Definitions. As used in this Section: | ||||||
12 | "Department" means the East St. Louis Police Department, | ||||||
13 | the Peoria Police Department, the Springfield Police | ||||||
14 | Department, or the Waukegan Police Department. | ||||||
15 | "Station adjustment" has the meaning given to that term in | ||||||
16 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
17 | "Unit" means a co-responder unit created under this | ||||||
18 | Division.
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19 | (65 ILCS 5/11-1.5-10 new) | ||||||
20 | Sec. 11-1.5-10. Establishment; responsibilities; focus. | ||||||
21 | (a) Each department shall establish, subject to | ||||||
22 | appropriation, a co-responder unit no later than 6 months |
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1 | after the effective date of this amendatory Act of the 102nd | ||||||
2 | General Assembly, including the hiring of personnel as | ||||||
3 | provided in this Division. | ||||||
4 | (b) Along with the duties described in Sections 11-1.5-15 | ||||||
5 | and 11-1.5-20, the unit's social workers are responsible for | ||||||
6 | conducting follow-up visits for victims who may benefit from | ||||||
7 | mental or behavioral health services. The unit shall utilize | ||||||
8 | community resources, including services provided through the | ||||||
9 | Department of Human Services and social workers in juvenile | ||||||
10 | and adult investigations, to connect individuals with | ||||||
11 | appropriate services. | ||||||
12 | (c) The unit's primary area of focus shall be victim | ||||||
13 | assistance.
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14 | (65 ILCS 5/11-1.5-15 new) | ||||||
15 | Sec. 11-1.5-15. Duties. The duties of the unit include, | ||||||
16 | but are not limited to: | ||||||
17 | (1) Serving as a resource to a department's community | ||||||
18 | to identify and coordinate the social services available | ||||||
19 | to residents who are victims of criminal acts. | ||||||
20 | (2) Networking with area social service agencies to | ||||||
21 | develop a community-mutual resource system and wrap-around | ||||||
22 | services (a team-based, collaborative case management | ||||||
23 | approach) for victims in need of social service | ||||||
24 | assistance; and fostering relationships with community | ||||||
25 | organizations not limited to area hospitals, school |
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1 | districts, juvenile justice system, and various community | ||||||
2 | groups. | ||||||
3 | (3) Employing social workers of the unit who shall: | ||||||
4 | (A) Upon request, provide community presentations | ||||||
5 | on an array of social service topics. | ||||||
6 | (B) Assist individuals in diversion from the | ||||||
7 | criminal justice system by addressing problems or | ||||||
8 | concerns through therapeutic intervention. | ||||||
9 | (C) Facilitate follow-up treatment or referral to | ||||||
10 | the appropriate community resource organization. | ||||||
11 | (D) When requested, assist department employees in | ||||||
12 | securing services for those in need and provide | ||||||
13 | educational information to help the employee better | ||||||
14 | understand the circumstances or the community concern. | ||||||
15 | (E) Meet with walk-ins requesting information or | ||||||
16 | assistance. | ||||||
17 | (F) Protect the interest, confidentiality, and | ||||||
18 | civil rights of the client. | ||||||
19 | (G) Train social work interns who may be working | ||||||
20 | within the unit. | ||||||
21 | (H) Be on-call after regular business hours, as | ||||||
22 | needed. | ||||||
23 | (L) Consult on all cases as needed by the | ||||||
24 | department. | ||||||
25 | (M) Perform other functions as provided in Section | ||||||
26 | 11-1.5-20 or otherwise needed by a department. |
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1 | (4) Employing social workers who shall work with | ||||||
2 | victims of crimes as follows: | ||||||
3 | (A) Review police reports to identify known | ||||||
4 | victims and contact them to offer direct and referred | ||||||
5 | services. | ||||||
6 | (B) Assist victims with filing police reports and | ||||||
7 | victim compensation forms. | ||||||
8 | (C) Provide safety planning services to victims. | ||||||
9 | (D) Provide crisis counseling services to victims | ||||||
10 | and their families. | ||||||
11 | (E) Conduct home visits with victims in | ||||||
12 | conjunction with police backup, when needed. | ||||||
13 | (F) Assist victims in obtaining orders of | ||||||
14 | protection. A social worker, in the performance of his | ||||||
15 | or her duties under this subparagraph, is an advocate, | ||||||
16 | as that term is defined in Section 112A-3 of the Code | ||||||
17 | of Criminal Procedure of 1963. | ||||||
18 | (G) Facilitate court advocacy services for | ||||||
19 | victims, including arranging for transportation to and | ||||||
20 | from court. | ||||||
21 | (H) Maintain confidential case files which include | ||||||
22 | social history, diagnosis, formulation of treatment, | ||||||
23 | and documentation of services. | ||||||
24 | (I) Perform miscellaneous personal advocacy tasks | ||||||
25 | for victims, as needed. | ||||||
26 | (J) Oversee activities to ensure those victims |
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1 | with the most urgent needs are given the highest | ||||||
2 | priority for services. | ||||||
3 | (K) Provide status updates on the progress of a | ||||||
4 | victim's case. | ||||||
5 | (5) Adhering to and understanding the applicable | ||||||
6 | policies, procedures, and orders of a department. | ||||||
7 | (6) Attaining department-established unit goals. | ||||||
8 | (7) Maintaining a positive relationship with | ||||||
9 | co-workers, as well as the investigators from area police | ||||||
10 | departments and facilitating the exchange of information | ||||||
11 | and resources pertaining to investigations. | ||||||
12 | (8) Keeping informed on crime trends within the City. | ||||||
13 | (9) Remaining obedient and responsive to all verbal | ||||||
14 | and written orders issued by superiors. | ||||||
15 | (10) Completing police reports and other required | ||||||
16 | documentation. | ||||||
17 | (11) Performing such other duties as may be required | ||||||
18 | by State law, city ordinance, and department policy or as | ||||||
19 | may be assigned by a sworn supervisor.
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20 | (65 ILCS 5/11-1.5-20 new) | ||||||
21 | Sec. 11-1.5-20. Social workers. | ||||||
22 | (a) Unit social workers may be referred to as victim | ||||||
23 | service specialists. Social workers are responsible for | ||||||
24 | working as a team to provide trauma-informed crisis | ||||||
25 | intervention, case management, advocacy, and ongoing emotional |
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1 | support to the victims of all crimes, with extra attention to | ||||||
2 | crimes that cause a high level of victim trauma. | ||||||
3 | (b) Unit social workers involved in a case under adult | ||||||
4 | investigations may perform the following responsibilities: | ||||||
5 | (1) Working with domestic violence investigators. | ||||||
6 | (2) Assisting victims with finding safe housing, | ||||||
7 | transportation, and legal assistance. | ||||||
8 | (3) Providing other needed resources for the victims | ||||||
9 | and their families, including working with children who | ||||||
10 | witness or experience domestic violence. | ||||||
11 | (4) Assisting victims and their children in setting up | ||||||
12 | counseling. | ||||||
13 | (5) Helping reduce victims' chances of reentry into | ||||||
14 | violent situations. | ||||||
15 | (c) Unit social workers involved in a case under juvenile | ||||||
16 | investigations may perform the following responsibilities: | ||||||
17 | (1) Working with families that have habitual runaways | ||||||
18 | and determining why the juveniles keep running away. | ||||||
19 | (2) Providing services to families where there have | ||||||
20 | been domestic disturbances between the juveniles and their | ||||||
21 | parents. | ||||||
22 | (3) Providing resources for parents to help their | ||||||
23 | children who are struggling in school or need | ||||||
24 | transportation to school. | ||||||
25 | (4) Providing guidance and advice to the families of a | ||||||
26 | juvenile who has been arrested and what the next steps and |
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1 | options are in the process. | ||||||
2 | (5) Assisting a juvenile with station adjustments and | ||||||
3 | creating a station adjustment program in a department. | ||||||
4 | (6) Providing services to juvenile victims and | ||||||
5 | families where the Department of Children and Family | ||||||
6 | Services either did not get involved or did not provide | ||||||
7 | services. | ||||||
8 | (7) Assisting with overcoming feuds between groups of | ||||||
9 | juveniles. | ||||||
10 | (8) Assisting in instances where the families are not | ||||||
11 | cooperative with police. | ||||||
12 | (9) Discussing with families and juveniles options and | ||||||
13 | solutions to prevent future arrest. | ||||||
14 | (10) Maintaining a list of families in need that the | ||||||
15 | unit or department have had contact with for department or | ||||||
16 | city special events. | ||||||
17 | (11) Helping facilitate or assist a department in | ||||||
18 | community-oriented events, such as setting up an event | ||||||
19 | where officers or unit personnel read books with younger | ||||||
20 | children, talking about cyber crimes and social media, or | ||||||
21 | having an officer or unit personnel visit a school for | ||||||
22 | other activities. | ||||||
23 | (12) Helping reduce juvenile recidivism.
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24 | (65 ILCS 5/11-1.5-25 new) | ||||||
25 | Sec. 11-1.5-25. Training. All unit employees shall be |
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1 | trained in crisis intervention and integrating communications, | ||||||
2 | assessment and tactics. Integrating communications, | ||||||
3 | assessment, and tactics training shall be designed for | ||||||
4 | situations involving persons who are unarmed or are armed with | ||||||
5 | weapons and who may be experiencing a mental health or other | ||||||
6 | crisis. The training shall incorporate different skill sets | ||||||
7 | into a unified training approach that emphasizes | ||||||
8 | scenario-based exercises, as well as lecture and case study | ||||||
9 | opportunities.
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10 | (65 ILCS 5/11-1.5-99 new) | ||||||
11 | Sec. 11-1.5-99. Repeal. This Division is repealed January | ||||||
12 | 1, 2029.
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13 | Section 20. The Gang Crime
Witness
Protection Act of 2013 | ||||||
14 | is amended by changing Sections 1, 5, 10, 15, and 20 as | ||||||
15 | follows:
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16 | (725 ILCS 173/1)
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17 | Sec. 1. Short title. This Act may be cited as the Violent | ||||||
18 | Crime Victim and Gang Crime
Witness
Protection Act of 2013 .
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19 | (Source: P.A. 98-58, eff. 7-8-13.)
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20 | (725 ILCS 173/5)
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21 | Sec. 5. Definition. As used in this Act, "violent crime" | ||||||
22 | has the meaning ascribed to it in Section 3 of the Rights of |
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1 | Crime Victims and Witnesses Act. "gang crime" means any
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2 | criminal offense committed by a member of a "gang" as that term | ||||||
3 | is defined in
Section 10 of the Illinois Streetgang Terrorism | ||||||
4 | Omnibus Prevention Act when
the offense is in furtherance of | ||||||
5 | any activity, enterprise, pursuit, or
undertaking of a gang.
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6 | (Source: P.A. 98-58, eff. 7-8-13.)
| ||||||
7 | (725 ILCS 173/10)
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8 | Sec. 10. Program. Subject to appropriation, the Illinois | ||||||
9 | Criminal Justice Information Authority shall establish
and | ||||||
10 | administer a program to assist victims and witnesses of | ||||||
11 | violent crimes who are actively
aiding in the prosecution of | ||||||
12 | perpetrators of gang crime, and appropriate
related persons. | ||||||
13 | Financial assistance may be provided, upon application by a
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14 | State's Attorney or the Attorney General, or a chief executive | ||||||
15 | of a police
agency with the approval from the State's
Attorney | ||||||
16 | or Attorney General,
investigating or prosecuting a violent | ||||||
17 | gang
crime occurring under the State's Attorney's or Attorney | ||||||
18 | General's respective
jurisdiction, from funds deposited in the | ||||||
19 | Violent Crime Victim and Gang Crime Witness Protection Program | ||||||
20 | Fund
and appropriated from that Fund for the purposes of this | ||||||
21 | Act. The State's Attorney or the Attorney General, or a chief | ||||||
22 | executive of a police agency with the approval from the | ||||||
23 | State's Attorney or Attorney General, may use an individual's | ||||||
24 | willingness to actively aid in the prosecution of the violent | ||||||
25 | crime as a factor in determining if the individual may be |
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1 | provided assistance. A person who is otherwise eligible for | ||||||
2 | services and assistance under this Act shall not be denied | ||||||
3 | assistance and services under this Act on the basis of the | ||||||
4 | person's lack of federal authorization to be present in the | ||||||
5 | United States.
| ||||||
6 | (Source: P.A. 98-58, eff. 7-8-13.)
| ||||||
7 | (725 ILCS 173/15)
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8 | Sec. 15. Funding. The Illinois Criminal Justice | ||||||
9 | Information Authority, in consultation with
the Attorney | ||||||
10 | General, shall adopt rules for the implementation of the | ||||||
11 | Violent Crime Victim and Gang
Crime Witness Protection | ||||||
12 | Program. Assistance shall be subject to the following
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13 | limitations:
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14 | (a) Funds shall be limited to payment of the | ||||||
15 | following:
| ||||||
16 | (1) temporary living costs;
| ||||||
17 | (2) moving expenses;
| ||||||
18 | (3) rent;
| ||||||
19 | (4) security deposits; and
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20 | (5) other appropriate expenses of relocation or | ||||||
21 | transition;
| ||||||
22 | (b) Approval of applications made by State's Attorneys | ||||||
23 | shall be
conditioned upon county funding for costs at a | ||||||
24 | level of at least 25%, unless
this requirement is waived | ||||||
25 | by the administrator, in accordance with adopted
rules, |
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1 | for good cause shown;
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2 | (c) Counties providing assistance consistent with the | ||||||
3 | limitations in this
Act may apply for reimbursement of up | ||||||
4 | to 75% of their costs;
| ||||||
5 | (d) No more than 50% of funding available in any given | ||||||
6 | fiscal year may be
used for costs associated with any | ||||||
7 | single county; and
| ||||||
8 | (e) Before the Illinois Criminal Justice Information | ||||||
9 | Authority distributes moneys from the Violent Crime Victim | ||||||
10 | and Gang Crime Witness Protection Program Fund as provided | ||||||
11 | in this Section, it shall retain 2% of those moneys for | ||||||
12 | administrative purposes.
| ||||||
13 | (Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
| ||||||
14 | (725 ILCS 173/20)
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15 | Sec. 20. Violent Crime Victim and Gang Crime Witness | ||||||
16 | Protection Program Fund. There is created in the
State | ||||||
17 | Treasury the Violent Crime Victim and Gang Crime Witness | ||||||
18 | Protection Program Fund into which shall be
deposited | ||||||
19 | appropriated funds, grants, or other funds made available to | ||||||
20 | the
Illinois Criminal Justice Information Authority to assist | ||||||
21 | State's Attorneys and the Attorney General
in protecting | ||||||
22 | victims and witnesses of violent crime who are aiding in the | ||||||
23 | prosecution of
perpetrators of gang crime, and appropriate | ||||||
24 | related persons.
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25 | (Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
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1 | Section 25. The State Finance Act is amended by changing | ||||||
2 | Section 5.833 as follows:
|