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1 | AN ACT concerning local government. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Preventing Targeted Violence Act. | |||||||||||||||||||
6 | Section 5. Purpose. The purpose of this Act is to | |||||||||||||||||||
7 | establish community support teams that work to prevent | |||||||||||||||||||
8 | targeted violence incidents by: | |||||||||||||||||||
9 | (1) providing case review and behavioral threat | |||||||||||||||||||
10 | assessment and management consultation to participating | |||||||||||||||||||
11 | member agencies; | |||||||||||||||||||
12 | (2) supporting targeted violence prevention efforts by | |||||||||||||||||||
13 | working as a centralized information hub for local, State, | |||||||||||||||||||
14 | and federal resources; and | |||||||||||||||||||
15 | (3) increasing the capacities and competencies of | |||||||||||||||||||
16 | organizations and communities by educating and training | |||||||||||||||||||
17 | employees and community members about targeted violence | |||||||||||||||||||
18 | and behaviors that may indicate concern. | |||||||||||||||||||
19 | Section 10. Participating member agencies. | |||||||||||||||||||
20 | (a) A participating member agency is any agency, | |||||||||||||||||||
21 | organization, or entity located in or serving the geographic | |||||||||||||||||||
22 | area encompassed by the community support team that may elect |
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1 | to present a case to the community support team for case review | ||||||
2 | and behavioral threat assessment and management consultation. | ||||||
3 | (b) Participating member agencies shall sign a memorandum | ||||||
4 | of understanding to participate in the community support team. | ||||||
5 | (c) Participating member agencies may elect an Executive | ||||||
6 | Board of at least 5 executive members selected from | ||||||
7 | participating member agencies to oversee the activities of | ||||||
8 | their community support team. | ||||||
9 | Section 15. Community support teams. | ||||||
10 | (a) A community support team may be established by a unit | ||||||
11 | of local government. Membership of the community support teams | ||||||
12 | is limited to participating member agencies. Membership of a | ||||||
13 | community support team shall include at least one member from | ||||||
14 | the following entities: | ||||||
15 | (1) a municipal law enforcement officer, sheriff's | ||||||
16 | deputy, or state certified law enforcement officer; | ||||||
17 | (2) a licensed mental health professional such as a | ||||||
18 | psychiatrist, clinical psychologist, license clinical | ||||||
19 | professional counselor, or licensed clinical social | ||||||
20 | worker; | ||||||
21 | (3) an expert trained in behavioral threat assessment | ||||||
22 | and management; and | ||||||
23 | (4) a member of the States' Attorney's Office; a | ||||||
24 | public school administrator, teacher, or school support | ||||||
25 | staff person licensed and endorsed by the Illinois State |
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1 | Board of Education; a representative of a university or | ||||||
2 | community college; a representative from the county Public | ||||||
3 | Health Department; a representative from the county Office | ||||||
4 | of Homeland Security; a representative from the State or | ||||||
5 | federal Department of Veterans Affairs; a representative | ||||||
6 | from a domestic violence service provider; a | ||||||
7 | representative from a social service provider; a | ||||||
8 | representative from the private business sector; a | ||||||
9 | representative from the private business sector; a | ||||||
10 | probation or parole officer; a member of the clergy or | ||||||
11 | other representative of the faith community; or a | ||||||
12 | representative from a Hospital or medical clinic. | ||||||
13 | (b) A member of a community support team shall be | ||||||
14 | appointed by the head of the participating member agency. | ||||||
15 | Section 20. Duties and responsibilities of community | ||||||
16 | support teams. | ||||||
17 | (a) Each community support team shall carry out the | ||||||
18 | following duties and responsibilities: | ||||||
19 | (1) Form a community support team consistent with | ||||||
20 | Section 15 of this Act. | ||||||
21 | (2) Maintain the names, professional titles, and | ||||||
22 | business contact information of each community safety team | ||||||
23 | member. | ||||||
24 | (3) Ensure that each member of the community safety | ||||||
25 | team completes, at minimum, the frontline practitioner and |
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1 | the community safety team trainings developed by the | ||||||
2 | University of Illinois-Chicago. | ||||||
3 | (4) Meet at least monthly. | ||||||
4 | (5) Execute memorandums of understanding with | ||||||
5 | participating member agencies. | ||||||
6 | (6) Execute confidentiality agreements with each | ||||||
7 | member of the community safety teams or any other | ||||||
8 | participant present during a case review. | ||||||
9 | (7) Conduct case reviews and behavioral threat | ||||||
10 | assessment and management consultations. | ||||||
11 | (b) Each community support team may carry out the | ||||||
12 | following duties and responsibilities: | ||||||
13 | (1) Conduct case reviews and behavioral threat | ||||||
14 | assessment and management consultation at the request of | ||||||
15 | participating member agencies. | ||||||
16 | (2) Seek funds to support the operations of the | ||||||
17 | community support team. | ||||||
18 | (3) Collect and document information from local, | ||||||
19 | State, and federal resources. | ||||||
20 | (4) Assist agencies with developing education and | ||||||
21 | training plans specific to targeted violence and behaviors | ||||||
22 | that may indicate concern. | ||||||
23 | (5) Facilitate education and training events for | ||||||
24 | agencies and community members. | ||||||
25 | (6) Engage in any other activities that enable the | ||||||
26 | community support team to carry out the purpose of this |
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1 | Act. | ||||||
2 | Section 25. Confidentiality of community support teams. | ||||||
3 | (a) Community support teams shall comply with all | ||||||
4 | applicable laws governing the sharing of confidential records. | ||||||
5 | (b) Meetings in which the community support team is | ||||||
6 | engaged in any activity related to case review, behavioral | ||||||
7 | threat assessment and management consultation, or in which | ||||||
8 | confidential information is shared or disclosed related to | ||||||
9 | cases are closed to the public and not subject to Section 2 of | ||||||
10 | the Open Meetings Act. | ||||||
11 | (c) Unless otherwise available and lawfully obtained | ||||||
12 | through another source pursuant to an applicable law that | ||||||
13 | allows the disclosure and release of the information, | ||||||
14 | confidential information discussed during a case review is | ||||||
15 | not: | ||||||
16 | (1) subject to the Freedom of Information Act; | ||||||
17 | (2) subject to subpoena and discovery under Section | ||||||
18 | 2-402 of the Code of Civil Procedure, Article 115 of the | ||||||
19 | Code of Criminal Procedure of 1963, or Illinois Supreme | ||||||
20 | Court Rule 412; and | ||||||
21 | (3) admissible as evidence in any civil or criminal | ||||||
22 | proceeding. | ||||||
23 | (d) All participating member agencies must sign a | ||||||
24 | memorandum of understanding to be able to present cases to the | ||||||
25 | community support team. |
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1 | (e) All community support team members, community support | ||||||
2 | team staff, and any other person who participates in any | ||||||
3 | manner in a case review or behavioral threat assessment and | ||||||
4 | management consultation shall execute a confidentiality | ||||||
5 | agreement that acknowledges and agrees to comply with the | ||||||
6 | responsibility not to disclose or release any confidential | ||||||
7 | information. All executed confidentiality agreements shall be | ||||||
8 | maintained by the community support team. | ||||||
9 | (f) Community support team members, community support team | ||||||
10 | staff, and participating member agency staff cannot be subject | ||||||
11 | to examination or compelled to disclose or release | ||||||
12 | confidential information in any administrative, civil, or | ||||||
13 | criminal proceeding, except for information that is otherwise | ||||||
14 | available and lawfully obtained through another source | ||||||
15 | pursuant to an applicable law that allows the disclosure and | ||||||
16 | release of the information. | ||||||
17 | Section 30. Penalty for unlawful disclosure of | ||||||
18 | confidential information. Anyone who discloses, receives, | ||||||
19 | makes use of, or knowingly permits the use of any confidential | ||||||
20 | information in violation of this Act commits a Class A | ||||||
21 | misdemeanor. | ||||||
22 | Section 35. Immunity. If acting in good faith, without | ||||||
23 | malice, and within the protocols established by this Act, then | ||||||
24 | members of the community support team, community support team |
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1 | staff, participating member agency staff, and anyone | ||||||
2 | participating in a case review shall have immunity from | ||||||
3 | administrative, civil, or criminal liability for an act or | ||||||
4 | omission related to the participation in a case review, | ||||||
5 | notwithstanding Section 30. |