5 ILCS 860/ Student Confidential Reporting Act.

(5 ILCS 860/1)

Sec. 1. Short title. This Act may be cited as the Student Confidential Reporting Act.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/5)

Sec. 5. Definitions. In this Act:

"Safe2Help Illinois" means a school helpline involving a statewide toll-free telephone number, social media, a website, or other means of communication, or a combination of a toll-free telephone number and another means of communication, that transmits voice, text, photographic, or other messages and information to the Safe2Help Illinois operators.

"Safe2Help Illinois Manager" means the designated program manager that works in collaboration with all agencies involved in Safe2Help Illinois, providing marketing, and logistical support to the implementation of the Safe2Help Illinois Program.

"School" means a public or nonpublic school offering any grade from kindergarten through 12, regardless of whether school is in session. "School" includes all school property.

"School employee" means a full-time or part-time employee of a school or school district, including a school administrator, a volunteer with a school or school district, or any other person who provides services to a school or school district, while he or she is on school property. A person described in this definition is considered a school employee regardless of whether school is in session.

"School site" means a building, a playing field, or property used for school purposes to impart instruction to school students or used for school purposes, functions, or events, regardless of whether school is in session. "School property" includes a school bus.

"School student" means a person who is enrolled as a student in a school regardless of whether school is in session.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/10)

Sec. 10. Safe2Help Illinois program management and administration.

(a) The Illinois State Police, in consultation with the Illinois Emergency Management Agency, State Board of Education, Department of Human Services, and Department of Children and Family Services shall, to the extent that funds are appropriated for that purpose, establish a program for receiving reports and other information from the public regarding potential self-harm or potential harm or criminal acts directed at school students, school employees, or schools in this State. The Illinois State Police shall establish the program in accordance with this Act. The Illinois State Police shall have access to the information needed to meet the reporting requirements of Section 35.

(b) The program shall include a Safe2Help Illinois helpline for operators to receive reports and information from the general public as described in subsection (a). The helpline shall be available for use 24 hours a day, 365 days a year.

(c) The Department of Innovation and Technology shall operate a dedicated website to provide mental health information for students, promotional information to local law enforcement officials, school officials, and the general public regarding the program.

(d) Beginning on the date that Safe2Help Illinois is operational, any State or locally operated school violence help line currently in operation shall work in conjunction with Safe2Help Illinois as needed. The CPS Violence Prevention Hotline established under Section 34-21.8 of the School Code and the Safe2Help Illinois shall cooperate with each other. If the Safe2Help Illinois helpline receives information about incidents occurring in the Chicago public schools, it shall transmit that information to the CPS Violence Prevention Hotline. For the purposes of this subsection (d), a State-operated school violence help line does not include the CPS Violence Prevention Hotline established under Section 34-21.8 of the School Code. Instead, the Illinois State Police shall work in conjunction with the Chicago Board of Education and the Chicago Police Department to direct all applicable calls received by Safe2Help to the CPS Violence Prevention Hotline.

(e) The Illinois State Police shall be responsible for the continued operational oversight of the program. The program shall provide for a means to review all reports and information submitted through Safe2Help Illinois and to direct those reports and that information, including any analysis of the potential threat as determined appropriate by the Illinois State Police, to local law enforcement officials and school officials.

(f) The Illinois State Police shall ensure that program personnel or call center staff, or both, are appropriately trained in the following areas:

(1) crisis management, including recognizing mental illness and emotional disturbance;

(2) the resources that are available for providing mental health and other human services;

(3) matters determined by the Illinois State Police to be relevant to the operation of the program; and

(4) handling of criminal intelligence information regarding primary and data collection, storage, and dissemination.

(g) A report or other information submitted to the program is considered to be a report to a law enforcement agency and shall be maintained as a record by the Illinois State Police for at least 5 years, subject to the confidentiality requirements of this Act.

(h) The Illinois State Police shall ensure that any information submitted to the program where mental health services are needed will be referred to the appropriate centralized reporting system as provided in Section 76 of the Mental Health and Developmental Disabilities Administrative Act.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/15)

Sec. 15. Management of confidential information.

(a) Any report or information submitted to the program under Section 10 is confidential, may not be released except as otherwise provided in this Act or in the Juvenile Court Act of 1987, and is not subject to disclosure under the Freedom of Information Act.

(b) Any report or information submitted to the program and forwarded by the vendor described in subsection (d) of Section 10 to a law enforcement official or to a school official is confidential, may not be released except as otherwise provided in this Act, and is not subject to disclosure under the Freedom of Information Act.

(c) A person who intentionally discloses information to another person in violation of subsection (a) or (b) commits a Class C misdemeanor.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/20)

Sec. 20. Exemptions to confidentiality of reported information. Information regarding a report or information submitted to the program under Section 10, including any identifying information, may be disclosed as follows:

(1) By the Illinois State Police, a law enforcement agency, a school, or a community mental health service program or an employee of one of those entities acting in the course of his or her duties. However, this paragraph (1) does not allow the disclosure of information that would identify the person who submitted the report or information to the program under Section 10, except for an imminent threat that poses a clear and present danger to the person.

(2) With the permission of the person or, if the person is a minor, with the permission of the minor and his or her parents or guardian.

(3) Pursuant to a court order issued under Section 25.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/25)

Sec. 25. Release of confidential information.

(a) A person who is charged with a criminal offense as a result of a report or information submitted under Section 10 may petition the court for disclosure of the report or information, including any identifying information, as provided in this subsection (a). The State's Attorney having jurisdiction shall be notified of the petition not less than 7 days before the hearing on the petition, or as otherwise provided by the court, and have the right to appear in the proceedings to oppose the petition.

If a petition is filed under this subsection (a), the court may conduct a hearing on the petition. If a hearing is conducted, it shall be conducted in chambers outside of the presence of the petitioner.

If the court determines that the report or information, including any identifying information, is relevant to the criminal proceedings and is essential to the fair trial of the person, the court may order the disclosure of that report or information, including any identifying information, as determined appropriate by the court.

The court may place restrictions on the release and use of the report or information, including any identifying information, obtained under this subsection (a) or may redact material as it considers appropriate. Material reviewed by the court that is not ordered released or that is redacted shall be maintained by the court under seal for purposes of appeal only.

(b) If the State's Attorney has reason to believe that a report or other information provided under Section 10 was falsely provided to the Illinois State Police, the State's Attorney may petition the court to disclose the report or information, including any identifying information.

The Attorney General shall be notified of the petition not less than 7 days before the hearing on the petition, or as otherwise provided by the court, and has the right to appear in the proceedings to oppose the petition.

If the court determines that there is reason to believe that the report or information may have been falsely provided, the court may order the disclosure of the report or information, including any identifying information, as determined appropriate by the court.

The court may place restrictions on the release and use of the report or information, including any identifying information, obtained under this subsection (b) or may redact material as it considers appropriate. Material reviewed by the court that is not ordered released or that is redacted shall be maintained by the court under seal for purposes of appeal only.

(c) The Attorney General may also appear in any other action to oppose the release of any report or information obtained under Section 10, including any identifying information.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/30)

Sec. 30. Funding.

(a) The Illinois State Police may receive money or other assets from any source for deposit into the State Police Operations Assistance Fund. All moneys deposited under this Act into the State Police Operations Assistance Fund shall be used, subject to appropriation, by the Illinois State Police only for one or more of the following purposes:

(1) To pay the costs of the Illinois State Police for administering this Act.

(2) To pay the costs of personnel to staff the program under Section 10.

(3) To pay for equipment and software for operating the program.

(4) To promote public awareness of the program, including the availability of Safe2Help Illinois and the dedicated website under subsection (c) of Section 10.

(5) To support the delivery of training and education on topics that address prevention of potential harm or criminal activities directed at school students, school employees, and schools.

(b) The Illinois State Police may also accept contributions, grants, gifts, assets, donations, services, or other financial assistance from any individual, association, corporation, or other organization having a legitimate interest in the Safe2Help Illinois helpline and the health and well-being of students which shall be deposited in the State Police Operations Assistance Fund.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/35)

Sec. 35. Procurement; rulemaking.

The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Act. A contract or contracts under this subsection are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/40)

Sec. 40. Annual reporting. The Safe2Help Illinois program manager, in consultation with the Illinois State Police and the State Board of Education, shall prepare an annual report under this Act. The report shall be filed no later than 90 days after the conclusion of the calendar year. Copies of the report shall be filed with the Governor and the General Assembly as provided in Section 3.1 of the General Assembly Organization Act. The report shall also be maintained on the dedicated Safe2Help Illinois website under subsection (c) of Section 10. The report shall contain, but is not limited to, all of the following information:

(1) The number of reports submitted to the program under Section 10.

(2) The number of reports submitted to the program that are forwarded to local law enforcement officials and school officials.

(3) The number of reports submitted to the program resulting in referrals for human services.

(4) The nature of the reports and information submitted to the program in categories established by the Illinois State Police.

(5) An analysis of the overall effectiveness of the program in addressing potential self-harm or potential harm or criminal acts directed at schools, school employees, and school students.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/45)

Sec. 45. Immunity. A Safe2Help Illinois helpline employee, law enforcement agency, or law enforcement official acting in good faith in compliance with this Act shall have immunity from any civil or criminal liability that might otherwise occur as a result of handling tips described in this Act, with the exception of willful or wanton misconduct.

(Source: P.A. 102-752, eff. 1-1-23.)

(5 ILCS 860/905)

Sec. 905. (Amendatory provisions; text omitted).

(Source: P.A. 102-752, eff. 1-1-23; text omitted.)

(5 ILCS 860/910)

Sec. 910. (Amendatory provisions; text omitted).

(Source: P.A. 102-752, eff. 1-1-23; text omitted.)

(5 ILCS 860/915)

Sec. 915. (Amendatory provisions; text omitted).

(Source: P.A. 102-752, eff. 1-1-23; text omitted.)

(5 ILCS 860/995)

Sec. 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

(Source: P.A. 102-752, eff. 1-1-23.)