Sexual Assault Incident Procedure Act Information

Sexual Assault Incident Procedure Act

Mandated Training Information

PUBLIC ACT 099-0801, contains requirements for law enforcement agencies regarding the handling of sexual assaults and sexual abuse crimes.

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Added 11/17/17-  Q and A on Sexual Assault training.

 1.      What is the length of the training for officers?

By January 1, 2020 (and every 3 years thereafter) all officers must receive training in trauma informed responses to sexual assault and sexual abuse. This training will be available online through the Executive Institute and in classroom though the MTUs and academies by instructors who have completed 1 of 3 sexual assault investigator train the trainer courses offered this coming December, February and March.  The length of the course required of all officers is approximated to be 4 hours.

 

2.      What is the length of training for investigators?

By January 1, 2019 (and every 3 years thereafter) Sexual Assault Investigators must receive specialized training.  The investigator trainings scheduled this coming December, February and March are scheduled for 2 days to be followed by a half day train-the-trainer session.  It is possible that future sexual assault investigator trainings offered through the MTUs may be condensed to 1 day.

 

3.      Will either training be available on-line?  If so, when might they expect that to be available?

Only the 1st responder training for all officers will be available online through the Executive Institute, not the investigator training. We anticipate the online training will be available in 2018.

 

4.      What is the timeframe/deadline for the investigator training (when does the clock start)?

Sexual Assault Investigators must complete specialized training by January 1, 2019.  The specialized training will be available through the Executive Institute, and MTUs, taught by those who have completed 1 of 3 sexual assault investigator train the trainer courses offered this coming December, February and March.   

 

5.      What is the timeframe/deadline for the officer training (when does the clock start)?

All Officers must complete trauma informed sexual assault response training by January 1, 2020, either online through the Executive Institute or through an MTU taught by those who have completed 1 of 3 sexual assault investigator train the trainer courses offered this coming December, February and March.

 

TRAINING REQUIREMENTS

Effective January 1, 2017 

Trauma-informed responses and investigations of sexual assault and sexual abuse

  1. All Law Enforcement officers must receive in-service training on these topics within three years of the effective date of the act (January 1, 2017), and again every three years, thereafter.    
  2. Law enforcement Investigators who conduct sexual assault investigations must receive specialized in-service training on these topics within 2 two years of the act, and again every three years, thereafter. (PA 99-0801)

Go to this link  for the Illinois Attorney Generals's law enforcement bulletin that outlines the provisions of the Act that must be implemented by law enforcement agencies on January 1, 2017

  • Mandatory Report Writing
  • Additional Responding Officer Responsibilities
  • Collecting, Storing and Testing of Sexual Assault Evidence
  • Release of Information to the Victim Relating to Evidence Testing

(50 ILCS 705/10.19 new) Sec. 10.19. Training; sexual assault and sexual abuse.

(a) The Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but is not limited to, the following:

  1. Recognizing the symptoms of trauma;
  2. Understanding the role trauma has played in a victim's life;
  3. Responding to the needs and concerns of a victim;
  4. Delivering services in a compassionate, sensitive, and non-judgmental manner;
  5. Interviewing techniques in accordance with the curriculum standards in subsection (f) of this Section;
  6. Understanding cultural perceptions and common myths of sexual assault and sexual abuse; and
  7. Report writing techniques in accordance with the curriculum standards in subsection (f) of this Section.

(b) This training must be presented in all full and part-time basic law enforcement academies on or before July 1, 2018.  

Several other provisions, such as developing and implementing agency policy and training for all officers and those investigating sexual assault and sexual abuse cases, have delayed effective dates to allow for the development of policy guidelines and training curricula. 

POLICY REQUIREMENTS

Effective January 1, 2018 / Sexual Assault and Sexual Abuse Response Policy

Every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse by January 1, 2018, consistent with guidelines developed by the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standards Board and the Illinois State Police.

On or before July 1, 2017, the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standards Board and the Department of State Police, shall develop and make available to each law enforcement agency, comprehensive guidelines for creation of a law enforcement agency policy on evidence-based, trauma-informed, victim-centered sexual assault and sexual abuse response and investigation.

These guidelines shall include, but not be limited to the following:

  1. Dispatcher or call taker response;
  2. Responding officer duties;
  3. Duties of officers investigating sexual assaults and sexual abuse;
  4. Supervisor duties;
  5. Report writing;
  6. reporting methods;
  7. Victim interviews;
  8. Evidence collection;
  9. Sexual assault medical forensic examinations;
  10. Suspect interviews;
  11. Suspect forensic exams;
  12. Witness interviews;
  13. Sexual assault response and resource teams, if applicable;
  14. Working with victim advocates;
  15. Working with prosecutors;
  16. Vctims' rights;
  17. Victim notification; and
  18. Consideration for specific populations or communities.
  • See the bottom of this page to locate the Attorney General's Sample Policy Language and the Comprehensive Guidelines (in PDF/word formats) released July 2017
  • See the Additional resources Section for sample policy suggestions

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Law Enforcement Forms

Effective January 1, 2017

Law Enforcement must begin using these forms These forms have been updated since their initial release in December 2016 and the links take you to the Illinois Attorney General's website

Victim notices to be provided by law enforcement per the Sexual Assault Incident Procedure Act:

Mandatory Notice for Survivors of Sexual Assault (P.A. 99-0801 - Form A)

  • Pursuant to 725 ILCS 203/25(a), at the time of first contact with a victim, a law enforcement officer shall advise the victim of the information on this form, written in a language appropriate for the victim or in Braille, or communicate this information in the appropriate sign language.

Mandatory Notice of Victim's Right to Information Regarding Sexual Assault Evidence (P.A. 99-0801 - Form B)

  • Pursuant to 725 ILCS 203/35(c), this form must be provided by a law enforcement officer to a victim who has signed a consent form to test evidence at the hospital, either at the hospital or during the investigating officer's follow-up interview. This form must also be provided to a victim who signs a consent form to test sexual assault evidence at the law enforcement agency or with the assistance of a rape crisis advocate.

Storage and Future Testing of Sexual Assault Evidence (P.A. 99-0801 - Form C)

  • Pursuant to 725 ILCS 203/30(e), this form shall be provided by a law enforcement officer to a victim who has not signed a consent form to test evidence at the hospital, either at the hospital or during the investigating officer's follow-up interview.

Confirmation of Transfer of Sexual Assault Report to Law Enforcement Agency Having Jurisdiction (P.A. 99-0801 - Form D)

  • Pursuant to 725 ILCS 203/20(c), a law enforcement agency which receives a report of an incident occurring in another jurisdiction must prepare a written report and send the report to the agency having jurisdiction in person or via fax or email within 24 hours.
  • Pursuant to 725 ILCS 203/20(d), the law enforcement agency that receives a report from another jurisdiction must confirm receipt in person or via fax or email within 24 hours.

To request these forms in Microsoft Word format, please email joleary@atg.state.il.us.

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Handling of Sexual Assault Evidence by Hospitals

Public Act 099-0801 amends the Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/, to change how hospitals handle Illinois State Police Sexual Assault Evidence Collection Kits and other sexual assault evidence.

Hospital Forms

Victim notices to be provided by hospitals pursuant to the Sexual Assault Incident Procedure Act:

Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form

  • This consent form replaces the form currently found in the Illinois State Police Sexual Assault Evidence Collection Kits and other evidence. Existing kits may still be used with this consent form.

Illinois Sexual Assault Evidence Collection Kit Discharge Instructions

  • Hospitals shall provide the original copy of this form to patients receiving a medical forensic exam upon discharge.

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Additional Resources

Full list of Illinois Sexual Assault laws

Illinois Coalition Against Sexual Assault (ICASA) website 

International Association of Chiefs of Police Sexual Assault Response Policy and Training Content Guidelines, 2015

International Association of Chiefs of Police - Police Response to Violence Against Women

Michigan Model Policy: The Law Enforcement Response to Sexual Assault

End Violence Against Women International Online Training Institute

Rape, Abuse and Incest National Network (RAINN)

Illinois Coalition Against Sexual Assault

Resources for Crime Victims

Sexual Assault Survivors Emergency Treatment Act Treatment Hospitals

 

 

 


Downloads

Illinois Attorney General's Sexual Assault Incident Procedure Bulletin for Law Enforcement- Public Act 099-0801
 

Public Act 099-0801-Sexual Assault Incident Procedure Act

Attorney General's Sample Policy Language for L.E. Policies for Responding-Investigating July 2017 (Word Document)

Attorney General's Comprehensive Guidelines for L.E. Policies for Responding-Investigating July 2017 (word Document)
 

Attorney General's Sample Policy Language for L.E. Policies for Responding-Investigating July 2017
 

Attorney General's Comprehensive guidelines for L.E. Policies for Responding-Investigating July 2017