Public Act 100-0662
 
SB2265 EnrolledLRB100 15527 RJF 30574 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of State Police Law of the
Civil 
Administrative Code of Illinois is amended  by changing Sections 
2605-375 and 2605-485 as follows:
 



    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)


    Sec. 2605-375. Missing persons; Law Enforcement Agencies 
Data System
(LEADS).

    (a) To establish and maintain a statewide Law Enforcement

Agencies Data System (LEADS) for the purpose of providing 
electronic access
by authorized entities to criminal justice 
data repositories and effecting an
immediate law enforcement 
response to reports of missing persons, including
lost, missing 
or runaway minors, lost or missing individuals with 
developmental or intellectual disabilities, and missing 
endangered seniors.  The Department shall implement an 
automatic
data exchange system to compile, to maintain, and to 
make available to
other law
enforcement agencies for immediate 
dissemination data that can
assist
appropriate agencies in 
recovering missing persons and provide access by
authorized 
entities to various data repositories available through LEADS 
for
criminal justice and related purposes.  To assist the 
Department in
this effort, funds may be appropriated from the 
LEADS Maintenance Fund. Funds may be appropriated from the 
LEADS Maintenance Fund  to the Department to finance any of its 
lawful purposes or functions in relation to defraying the 
expenses associated with establishing, maintaining, and 
supporting the issuance of electronic citations. 

    (b) In exercising its duties under this Section, the

Department shall provide a uniform reporting format (LEADS) for 
the entry of pertinent
information regarding the report of a 
missing person into LEADS. The report must include all of the 
following:


        (1) Relevant information obtained from the 
    notification concerning the missing person, including all 
    of the following:
            (A) a physical description of the missing person;
            (B) the date, time, and place that the missing 
        person was last seen; and
            (C) the missing person's address.
        (2) Information gathered by a preliminary 
    investigation, if one was made.
        (3) A statement by the law enforcement officer in 
    charge stating the officer's assessment of the case based 
    on the evidence and information received.
    (b-5) The Department of State Police shall:

        (1) Develop and implement a policy whereby a statewide 
    or regional alert
would be used in situations relating to 
    the disappearances of individuals,
based on criteria and in 
    a format established by the Department.  Such a
format shall 
    include, but not be limited to, the age of the missing 
    person
and the suspected circumstance of the 
    disappearance.


        (2) Notify all law enforcement agencies that reports of 
    missing persons
shall be entered as soon as the minimum 
    level of data specified by the
Department is available to 
    the reporting agency and that no waiting period
for the 
    entry of the data exists.


        (3) Compile and retain information regarding lost, 
    abducted, missing,
or
runaway minors in a separate data 
    file, in a manner that allows that
information to be used 
    by law enforcement and other agencies deemed
appropriate by 
    the Director, for investigative purposes.  The
information

    shall include the disposition of all reported lost, 
    abducted, missing, or
runaway minor cases.


        (4) Compile and maintain an historic data repository 
    relating to lost,
abducted, missing, or runaway minors and 
    other missing persons, including, but not limited to, lost 
    or missing individuals with developmental or intellectual 
    disabilities and missing endangered seniors, in order to

    develop and improve techniques utilized by law enforcement 
    agencies when
responding to reports of missing persons.


        (5) Create a quality control program regarding 
    confirmation of missing
person data, timeliness of entries 
    of missing person reports into LEADS,
and
performance 
    audits of all entering agencies.

    (c) The Illinois Law Enforcement Training Standards Board 
shall conduct a training program for law enforcement personnel 
of local governmental agencies in the Missing Persons 
Identification Act.

    (d) The Department of State Police shall perform the duties 
prescribed in the Missing Persons Identification Act, subject 
to appropriation.

(Source: P.A. 97-402, eff. 8-16-11.)

 
    (20 ILCS 2605/2605-485)
    Sec. 2605-485. Endangered Missing Person Advisory.
    (a) A coordinated program known as the Endangered Missing 
Person Advisory is established within the Department of State 
Police. The purpose of the  Endangered Missing Person Advisory 
is to provide a regional system for the rapid dissemination of 
information regarding a missing person who is believed to be a 
high-risk missing person as defined in Section 10 of the 
Missing Persons Identification Act.
    (b) The AMBER Plan Task Force, established under Section 
2605-480 of the Department of State Police Law, shall serve as 
the task force for the Endangered Missing Person Advisory. The 
AMBER Plan Task Force shall monitor and review the 
implementation and operation of the regional system developed 
under subsection (a), including procedures, budgetary 
requirements, and response protocols. The AMBER Plan Task Force 
shall also develop additional network resources for use in the 
system.
    (c) The Department of State Police, in coordination with 
the Illinois Department on Aging, shall develop and implement a 
community outreach program to promote awareness among the 
State's healthcare facilities, nursing homes, assisted living 
facilities, and other senior centers. The guidelines and 
procedures shall ensure that specific health information about 
the missing person is not made public through the alert or 
otherwise.
    (c-5)   Subject to appropriation, the Department of State 
Police, in coordination with the Illinois Department of Human 
Services, shall develop and implement a community outreach 
program to promote awareness of the Endangered Missing Person 
Advisory among applicable entities, including, but not limited 
to, developmental disability facilities as defined in Section 
1-107 of the Mental Health and Developmental Disabilities Code. 
The guidelines and procedures shall ensure that specific health 
information about the missing person is not made public through 
the alert or otherwise. 
    (d) The  Child Safety Coordinator, created under Section 
2605-480 of the Department of State Police Law, shall act in 
the dual capacity of Child Safety Coordinator and Endangered 
Missing Person Coordinator. The Coordinator shall assist in the 
establishment of State standards and monitor the availability 
of federal funding that may become available to further the 
objectives of the Endangered Missing Person Advisory. The 
Department shall provide technical assistance for the 
Coordinator from its existing resources.

    (e)(1) The Department of State Police, in cooperation with 
the Silver Search Task Force, shall develop as part of the 
Endangered Missing Person Advisory a coordinated statewide 
awareness program and toolkit to be used when a person 21 years 
of age or older who is believed to have Alzheimer's disease, 
other related dementia, or other dementia-like cognitive 
impairment is reported missing, which shall be referred to as 
Silver Search.
    (2)
The Department shall complete development and 
deployment of the Silver Search Awareness Program and toolkit 
on or before July 1, 2017.
    (3)
The Department of State Police shall establish a Silver 
Search Task Force within 90 days after the effective date of 
this amendatory Act of the 99th General Assembly to assist the 
Department in development and deployment of the Silver Search 
Awareness Program and toolkit.  The  Task Force shall establish 
the criteria and create  a toolkit, which may include usage of 
Department of Transportation signs, under Section 2705-505.6   
of the Department of Transportation Law of the Civil 
Administrative Code of Illinois.  The Task Force  shall monitor 
and review the implementation and operation of that program, 
including procedures, budgetary requirements, standards, and 
minimum requirements for the training of law enforcement 
personnel on how to interact appropriately and effectively with 
individuals that suffer from Alzheimer's disease, other 
dementia, or other dementia-like cognitive impairment. The 
Task Force shall also develop additional network and financial 
resources for use in the system.  The Task Force shall include, 
but is not limited to, one representative from each of the 
following:
        (A)  the Department of State Police;
        (B) the Department on Aging;
        (C) the Department of Public Health;
        (D)  the Illinois Law Enforcement Training Standards 
    Board;
        (E) the Illinois Emergency Management Agency;
        (F) the Secretary of State;
        (G)  the Department of Transportation; 
        (H)  the Department of the Lottery;
        (I) the Illinois Toll Highway Authority; 
        (J) a State association dedicated to Alzheimer's care, 
    support, and research;
        (K) a State association dedicated to improving quality 
    of life for persons age 50 and over;
        (L) a State group of area agencies involved in planning 
    and coordinating services and programs for older persons in 
    their respective areas;
        (M) a State organization dedicated to enhancing 
    communication and cooperation between sheriffs;
        (N) a State association of police chiefs and other 
    leaders of police and public safety organizations;
        (O) a State association representing Illinois 
    publishers; 
        (P) a State association that advocates for the 
    broadcast industry; 
        (Q) a member of a large wireless telephone carrier; and
        (R)  a member of a small wireless telephone carrier. 
    The members of the Task Force designated in subparagraphs 
(A) through (I) of this paragraph (3) shall be appointed by the 
head of the respective agency. The members of the Task Force 
designated in subparagraphs (J) through (R) of this paragraph 
(3) shall be appointed by the Director of State Police.  The 
Director of State Police or his or her designee shall serve as 
Chair of the Task Force. 
    The Task Force shall meet at least twice a year and shall 
provide a report on the operations of the Silver Search Program 
to the General Assembly and the Governor each year by June 30.
    (4)
Subject to appropriation, the Department of State 
Police, in coordination with the Department on Aging  and the 
Silver Search Task Force, shall develop and implement a 
community outreach program to promote awareness of the Silver 
Search Program as part of the Endangered Missing Person 
Advisory among law enforcement agencies, the State's 
healthcare facilities, nursing homes, assisted living 
facilities, other senior centers, and the general population on 
or before January 1, 2017.
    (5)
The Child Safety Coordinator, created under Section 
2605-480 of the Department of State Police Law of the Civil 
Administrative Code of Illinois, shall act in the capacity of 
Child Safety Coordinator, Endangered Missing Person 
Coordinator, and Silver Search Program Coordinator. The 
Coordinator, in conjunction with the members of the Task Force, 
shall assist the Department and the Silver Search Task Force in 
the establishment of State standards and monitor the 
availability of federal and private funding that may become 
available to further the objectives of the Endangered Missing 
Person Advisory and Silver Search Awareness Program. The 
Department shall provide technical assistance for the 
Coordinator from its existing resources. 
    (6)   The Department of State Police shall provide 
administrative and other support to the Task Force. 
(Source: P.A. 99-322, eff. 1-1-16.)
 
    Section 10. The Missing Persons Identification Act is 
amended  by changing Section 10 as follows:
 
    (50 ILCS 722/10)

    Sec. 10. Law enforcement analysis and reporting of missing 
person information. 
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a 
    person whose whereabouts are not currently known and whose 
    circumstances indicate that the person may be at risk of 
    injury or death. The circumstances that indicate that a 
    person is a high-risk missing person include, but are not 
    limited to, any of the following: 
            (A) the person is missing as a result of a stranger 
        abduction; 
            (B) the person is missing under suspicious 
        circumstances;
            (C) the person is missing under unknown 
        circumstances; 
            (D) the person is missing under known dangerous 
        circumstances; 
            (E) the person is missing more than 30 days; 
            (F) the person has already been designated as a 
        high-risk missing person by another law enforcement 
        agency; 
            (G) there is evidence that the person is at risk 
        because: 
                (i) the person is in need of medical attention, 
            including but not limited to persons with 
            dementia-like symptoms, or prescription 
            medication; 
                (ii) the person does not have a pattern of 
            running away or disappearing; 
                (iii) the person may have been abducted by a 
            non-custodial parent; 
                (iv) the person is mentally impaired, 
            including, but not limited to, a person having a 
            developmental disability, as defined in Section 
            1-106 of the Mental Health and Developmental 
            Disabilities Code, or a person having an 
            intellectual disability, as defined in Section 
            1-116 of the Mental Health and Developmental 
            Disabilities Code; 
                (v) the person is under the age of 21; 
                (vi) the person has been the subject of past 
            threats or acts of violence; 
                (vii) the person has eloped from a nursing 
            home; or
            (H) any other factor that may, in the judgment of 
        the law enforcement official, indicate that the 
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person 
        report, the law enforcement agency shall immediately 
        determine whether there is a basis to determine that 
        the missing person is a high-risk missing person. 
            (B) If a law enforcement agency has previously 
        determined that a missing person is not a high-risk 
        missing person, but obtains new information, it shall 
        immediately determine whether the information 
        indicates that the missing person is a high-risk 
        missing person. 
            (C) Law enforcement agencies are encouraged to 
        establish written protocols for the handling of 
        missing person cases to accomplish the purposes of this 
        Act. 
        (3) Law enforcement agency reports. 
            (A) The responding local law enforcement agency 
        shall immediately enter all collected information 
        relating to the missing person case in the Law 
        Enforcement Agencies Data System (LEADS) and the 
        National Crime Information Center (NCIC) databases. 
        The information shall be provided in accordance with 
        applicable guidelines relating to the databases. The 
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as 
            determined by the Department of State Police, 
            shall be uploaded into the missing person 
            databases of the State DNA Index System (SDIS) and 
            National DNA Index System (NDIS) after completion 
            of the DNA analysis and other procedures required 
            for database entry. 
                (ii) Information relevant to the Federal 
            Bureau of Investigation's Violent Criminal 
            Apprehension Program shall be entered as soon as 
            possible. 
                (iii) The Department of State Police shall 
            ensure that persons entering data relating to 
            medical or dental records in State or federal 
            databases are specifically trained to understand 
            and correctly enter the information sought by 
            these databases. The Department of State Police 
            shall either use a person with specific expertise 
            in
medical or dental records for this purpose or 
            consult with  a chief medical examiner, forensic 
            anthropologist, or odontologist to ensure the 
            accuracy and completeness of information entered 
            into the State and federal databases.

            (B) The Department of State Police shall 
        immediately notify all law enforcement agencies within 
        this State and the surrounding region of the 
        information that will aid in the prompt location and 
        safe return of the high-risk missing person. 
            (C) The local law enforcement agencies that 
        receive the notification from the Department of State 
        Police shall notify officers to be on the lookout for 
        the missing person or a suspected abductor. 
            (D) Pursuant to any applicable State criteria, 
        local law enforcement agencies shall also provide for 
        the prompt use of an Amber Alert in cases involving 
        abducted children;  or use of the Endangered Missing 
        Person Advisory in appropriate high risk cases.

(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)