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Are you using the "Juvenile Friendly" Miranda warnings?
Miranda Warning for Juveniles-What do I have to say?
(705 ILCS 405/5-401.5) (a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee:
Amended Juvenile Records Law takes effect January 2018
PA100-0285 takes effect January 1, 2018 and It requires
(705 ILCS 405/5-915) Sec. 5-915. Expungement of juvenile law enforcement and court records.
(0.1) (a) The Department of State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, all law enforcement records relating to events occurring before an individual's 18th birthday if: ………
Mandatory Drug Testing for Officer Involved Shootings
Did you know the Police Community Relations Improvement Act was amended effective August 25, 2017
Each law enforcement agency shall adopt a written policy regarding an officer-involved shooting
and it must now include drug testing.
Effective Jan 1, 2018 Agencies must Have Written Policies for Investigating Sexual Assault/Abuse
On or before July 1, 2017, watch for the release of the guidelines being developed by the Office of the Attorney General so you can develop your required written policies/procedures under this new law.Sexual Assault Incident Procedure Act. (web link)Section 15. Sexual assault incident policies.(a) On or before January 1, 2018, every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse consistent with the guidelines developed under subsection (b) of this Section. In developing these policies, each law enforcement agency is encouraged to consult with other law enforcement agencies, sexual assault advocates, and sexual assault nurse examiners with expertise in recognizing and handling sexual assault and sexual abuse incidents. These policies must include mandatory sexual assault and sexual abuse response training as required in Section 10.19 of the Illinois Police Training Act and Sections 2605-53 and 2605-98 of the Department of State Police Law of the Civil Administrative Code of Illinois.(b) 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 respo
New Drone Laws? Drone Privacy Act Moving Through Congress
The Drone Aircraft Privacy and Transparency Act may become the newest drone law.
By CS Staff · April 5, 2017
A proposed law will be considered by Congress that is aimed at protecting individual privacy from the rising number of government and commercial drones in use.
Introduced by Sen. Edward J. Markey, D-Mass., and Rep. Peter Welch, D-Vt., the Drone Aircraft Privacy and Transparency Act has been referred to the House Committees on Transportation and Infrastructure and Energy and Commerce, according to biometricupdate.com.
“What happens if there are drones that are gathering, through facial recognition, who is shopping on Main Street and selling that to advertisers?” Markey told a Senate Commerce Committee hearing on future drone use.
Have You Updated Your Domestic Violence Policy Yet?
ARREST PROCEDURE POLICIES IN DOMESTIC VIOLENCEHB 5538 (PA 99-0810) Effective January 1, 2017Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that in developing ARREST PROCEDURE POLICIES IN DOMESTIC VIOLENCE situations, each law enforcement agency shall (instead of "is encouraged to") consult with community organizations and other law enforcement agencies with expertise in recognizing and handling domestic violence incidents. Provides that in the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.THIS FUTURE TRAINING MANDATE IS STILL A BIT DOWN THE ROADProvides that the Law Enforcement Training Standards Board shall formulate and administer the training as part of the current programs for both new recruits and active law enforcement officers. Provides that the Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. Provides that in formulating the training, the Boa
Update to Attorney Generals Information & Forms for the Sexual Assault Incident Procedure Act
The implementation materials/forms for the Sexual Assault Incident Procedure Act are posted on the MTU1 website under the members tab. Some of thispreviously distributed informationhas been revised following some initial feedback and questions.Go to the websiteto locate the links for the forms.Go to the MTU1 website page here "Sexual Assault Incident Procedure Act."Go to the Illinois Coalition Against Sexual Assault (ICASA) website for a full list of the sex assault lawsSince ourlast posting of information on this topic,3 additional forms have been released (not all police related). Confirmation of Transfer of Sexual Assault Report to Law Enforcement Agency Having Jurisdiction This from may be used by agencies when sending a written report of a sexual assault incident, which occurred in another jurisdiction, to the agency having jurisdiction. This same form may then be used by the receiving agency to provide the required confirmation and information to the agency having taken the initial report. Patient Consent: Collect and Test Evidence or Collect and Hold Evidence This consent form will be used by hospitals to obtain consent to perform a medical forensic exam and collect evidence. It will also be used to obtain consent from the victim to test the evidence or indicated that the victim has declined testing at this time and that the evidence is to be stored. There is a section on the bottom of the 2nd page for a law enforcement officer to complete if the victim comes to
SB2370- Have You Made Adjustments for Custodial Interrogations of Minors?
On August 22, 2016, Governor Rauner signed SB2370 into law. Thisbill raises the age from 13 to 15 for a requirementthat children be represented by lawyers during custodial interrogations for homicide and sex offenses. Public Act 99-0882 will take effect Jan. 1, 2017.SB2370 aims to better protect children accused of crimes, and better protect their rights through legal representation. As set forth on the Illinois General Assembly website, the bill:"Amends the Juvenile Court of 1987 and the Code of Criminal Procedure of 1963. Provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence in any juvenile court proceeding or criminal proceeding against the minor. Provides that in a proceeding under the Criminal Code of 2012, a minor who was under 18 at the time of the commission of the offense must be represented by counsel throughout the entire custodial interrogation of the minor and an oral, written, or sign language statement made without counsel present shall be inadmissible in any criminal proceeding against the minor."The bill also requires videotaping all interrogations of children under age 18 for any felony and or somemisdemeanor cases and includes a uniform "Miranda warning". Below are some o
New Laws 2017: Illinois laws that take effect January 1
WLS Chicago has publisheda pretty good listing of the laws taking effect January 1, 2017CHICAGO (WLS) --With the start of the New Year always comes a new set of laws to obey. Read the complete list here, and see the top 10 new laws for 2017 above.January 1 is the effective date for almost 200 new state laws passed by the General Assembly and signed by the governor in 2016. The Senate Democrats have published their top ten list for 2017.Laws make the list based on their importance to the public and how broadly they affect key issues such as safety, ethics, workers' wages and benefits, and criminal justice reform, the Senate Democrats said.FULL LIST: Bill Number and Description (those of particular interest are in red)SB 1102 Prohibits the state or any local government from indemnifying or providing legal representation for any employee in a criminal proceeding arising out of the employee's government employmentHB 1260 Classifies online logins, biometric data and health info as protected information; updates how groups notify the public of a data breachHB 5913 Requires licensed plumbers to complete 4 hours of continuing education each yearSB 0637 Makes changes to Illinois law to comply with federal REAL ID regulationsSB 2589 Provides the Director of the Insurance Department greater authority and oversight for approving risk retention groups' corporate governance procedures and structuresHB 4517 Eliminates the Center for Comprehensive Health PlanningHB 4826 "Regional teams that
Sexual Assault Incident Procedure Act Information
SEXUAL ASSAULT INCIDENT PROCEDURE FOR LAW ENFORCEMENTA new law, Public Act 099-0801, contains requirements for law enforcement agencies regarding the handling of sexual assaults and sexual abuse crimes. This document outlines the provisions of the Act that must be implemented by law enforcement agencies on January 1, 2017:Mandatory Report WritingAdditional Responding Officer ResponsibilitiesCollecting, Storing and Testing of Sexual Assault EvidenceRelease of Information to the Victim Relating to Evidence TestingSeveral 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. Law Enforcement must begin using these forms effective January 1, 2017. The Sexual Assault Incident Procedure Act for Law Enforcement 1216 outlines the Sexual Assault Incident Procedure Information Mandatory Notice for Survivors of Sexual Assault 12-16-16/ 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. This requirement is effective January 1, 2017. Mandatory Notice of Victims Right to Information Regarding Sexual Assault Evidence Testing-12-16-16 /Pursuant to 72
Clock starts Soon for Mandated Training Deadline: Trauma-Informed Responses & Investigations of Sexual Assault & Sexual Abuse
Effective January 1, 2017. Trauma-informed responses and investigations of sexual assault and sexual abuse. 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. 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)ALSO, Section 15. Sexual assault incident policies.(a) On or before January 1, 2018, every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse consistent with the guidelines developed under subsection (b) of this Section. In developing these policies, each law enforcement agency is encouraged to consult with other law enforcement agencies, sexual assault advocates, and sexual assault nurse examiners with expertise in recognizing and handling sexual assault and sexual abuse incidents. These policies must include mandatory sexual assault and sexual abuse response training as required in Section 10.19 of the Illinois Police Training Act and Sections 2605-53 and 2605-98 of the Department of State Police Law of the Civil Administrative Code of Illinois.(b) On or before July 1, 2017, the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standard
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