Bill Text: IL SB2265 | 2017-2018 | 100th General Assembly | Enrolled

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Bill Title: Amends the Department of State Police Law. Requires the Department of State Police to compile and maintain an historic data repository relating to, among other missing persons, lost or missing individuals with developmental or intellectual disabilities, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons. Provides that 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 is not limited to developmental disability facilities. Amends the Missing Persons Identification Act. Provides that a "high-risk missing person" under the Act includes evidence that a person is at risk because he or she is a person having a developmental disability or a person having an intellectual disability. Makes conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 20-3)

Status: (Passed) 2018-08-01 - Public Act . . . . . . . . . 100-0662 [SB2265 Detail]

Download: Illinois-2017-SB2265-Enrolled.html

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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(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;

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(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

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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

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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

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Person Advisory in appropriate high risk cases.
(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)