Illinois Administrative Code

Section 720.110 Emergency Plan a) Each jail shall have, in writing, detailed plans that include procedures for emergencies, such as: 1) Fires, severe weather periods, and civil disasters; 2) Riots or major disturbances; 3) Battery on jail officers; 4) Battery on detainees; 5) Esc…

Section 720.120 Detainee Records a) Minimum identification data and information shall be recorded for each person detained as follows: 1) Name. 2) Aliases and nicknames. 3) Address. 4) Age and date of birth. 5) Person to notify in case of emergency, including address and telephon…

Section 720.130 Reports to the Jail and Detention Standards Unit a) Adult Population Reports – The Chief of Police shall furnish quarterly population reports to the Jail and Detention Standards Unit, utilizing appropriate forms supplied by the Unit. 1) The report shall include th…

Section 720.140 Use of Force a) Officers shall not strike or lay hands on a detainee or employ the use of chemical agents except: 1) In self-defense. 2) To prevent escape. 3) To prevent serious injury or damage to person or property. 4) To quell a disturbance. 5) To effect detent…

Section 720.150 Juvenile Detention a) Statutory Provisions Sections 5-3 and 5-7 of the Juvenile Court Act of 1987 [705 ILCS 405/5-3 and 5-7] state: 1) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of wher…

Section 720.160 New Construction This Section applies to all new construction, including remodeling, renovation, additions to existing structures, and new structures. a) All plans and specifications for the construction of municipal jails or the remodeling or renovation of existi…

Section 720.20 Legal Rights of Accused While in Custody a) Treatment While in Custody 1) On being taken into custody every person shall have the right to remain silent. 2) No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person …

Section 720.25 Administration a) Staff Training 1) All jail officers and other persons assigned jail duties shall be oriented and trained in local jail procedures by persons authorized by the Chief of Police. Such training shall include security measures such as use of restraints…

Section 720.30 Use of Jails a) The maximum period of detention in a jail should not normally exceed 48 hours, except when detention occurs at the beginning of a weekend or holiday. b) No minor under 16 years of age may be confined in a jail or place ordinarily used for the confin…

Section 720.40 Minimum Physical Standards – Existing Buildings The building in which a jail is located must: a) Conform to the building, fire, safety, and health requirements of local, State, and federal authorities. State of Illinois standards for a jail which exceed those of a …

Section 720.5 Definitions "Cell" means an area that has three walls and a grilled front and door or a security glass front and door that is used to detain or confine adults or to detain juveniles 16 years of age or older. "Chief of Police" means the chief executive law enforcemen…

Section 720.50 Minimum Cell and Detention Room Standards − Existing Facilities a) Male and female detainees shall be confined in completely segregated areas. 1) The confinement area for males and females shall be located so that physical, visual, and auditory contact by detainees…

Section 720.60 Supervision a) Persons confined shall be supervised by a jail officer or other qualified staff. For most municipalities, a radio operator on duty will suffice, provided duties do not interfere with the conduct of the following supervisory checks: 1) A visual check …

Section 720.70 Security a) Detainees shall be given an immediate frisk search. b) Strip searches shall be performed in accordance with Section 103-1 of the Code of Criminal Procedure of 1963 [725 ILCS 5/103-1]. 1) No person arrested for a traffic, regulatory, or misdemeanor offen…

Section 720.75 Telephone and Visits a) Detainees may be required to bear the expense of any telephone calls they make or to place only collect calls. b) Telephone calls may be monitored unless prior special arrangements have been made to make or receive confidential telephone cal…

Section 720.80 Food Three meals per day shall be furnished. a) Food must be of sufficient nutritional value and provide a daily minimum of 1,800 to 2,000 calories for adults and 2,500 to 3,000 calories for juveniles. b) Food quantity must be sufficient to satisfy, within reason, …

Section 720.90 Sanitation a) When occupied, cells and detention rooms shall be cleaned daily. b) Areas adjacent to cells and detention rooms shall be maintained in a clean and orderly condition. Walkways and corridors shall not be used as storage areas. c) A vermin and pest contr…

Section 1200.10 Introduction The general hearing procedures provide direction for the conduct of review relating to contested case hearings and other contested issues in which the Department may be involved and for which the Department has not adopted more particularized rules. T…

Section 1200.20 Definitions "Department" means the Department of State Police. "Director" means the Director of State Police or the Director's designee.

Section 1200.30 Review Procedures a) An individual who contests a Department action, or contemplated action, for which there is a right to appeal may petition for relief by providing written notice of this intention to the Department. b) Upon receiving a petition for relief, the …

Section 1205.10 Purpose The purpose of this Part is to provide requirements and procedures for court ordered expungements received by the Illinois Department of State Police, Bureau of Identification.

Section 1205.20 Definitions "Department" means the Illinois Department of State Police. "Expungement" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both, maintained by …

Section 1205.30 Expungement Order Requirements a) All expungement court orders must contain either the original signature of the issuing judge or the seal and certification of the circuit court clerk. b) The expungement court orders must contain sufficient information to identify…

Section 1205.40 Fees The fee shall be set by the Director of the Department and shall be equivalent to the cost of processing the court order to expunge or seal the record. The fee shall not exceed the general costs for processing these requests. The general costs shall include, …

Section 1205.50 Processing of Expungement Orders The Department shall identify the subject and the arrest to be expunged based upon the information provided pursuant to Section 1205.30. Records to be expunged pursuant to court order will be destroyed. In the event the Department …

Section 1210.10 Definitions "Criminal History Record Information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, information, pretrial proceedings, trials, or other formal events in the criminal justice sy…

Section 1210.20 Procedures a) Any individual may approach any Illinois law enforcement or correctional facility, licensed fingerprint vendor, or licensed fingerprint vendor agency during regular business hours for the purpose of obtaining the individual's criminal history transcr…

Section 1210.30 Fee The facility, licensed fingerprint vendor, or licensed fingerprint vendor agency of which the request is made may charge a fee of up to the actual cost of processing the request. This fee may be waived. (Source: Amended at 39 Ill. Reg. 3431, effective February…

Section 1210.40 Challenges a) An individual who believes his or her criminal history transcript is inaccurate may request a correction by submitting a written explanation to the Department. b) In the event the Department's response is not satisfactory to the individual, the indiv…

Section 1216.10 Introduction The purpose of this Part is to establish procedures for the payment of burial benefits for State Police officers killed in the line of duty.

Section 1216.20 Definitions "Department" means the Department of State Police. "Killed in the line of duty" means losing one's life as a result of injury received in the active performance of one's duties as a State Police officer, if the death occurs within one year from the dat…

Section 1216.30 Procedures a) Upon written request, supported by related documentation, the Department shall pay directly or reimburse, up to a maximum of $10,000, the burial expenses of each State Police officer who is killed in the line of duty after June 30, 1997, excluding de…

Section 1230.10 Definitions Terms defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1] and Section 24-1.9 and 1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] have the same meanings when used in this Part. The following additional de…

Section 1230.100 Reduction of Remittance (Repealed) (Source: Repealed at 38 Ill. Reg. 2301, effective December 31, 2013)

Section 1230.110 Retention of Remittance Application fees relating to denied applications will not be refunded. (Source: Added at 22 Ill. Reg. 16629, effective September 8, 1998)

Section 1230.120 Clear and Present Danger Reporting a) Physicians, clinical psychologists and qualified examiners shall report determinations of a clear and present danger to the Department by making notification to the Department of Human Services in the form and manner prescrib…

Section 1230.15 FOID Card and Assault Weapon Electronic Endorsement Affidavit Requirement a) FOID Card Requirement. Pursuant to Section 2 of the Act, no person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firea…

Section 1230.20 Application Procedures a) Application for a FOID Card shall be made electronically by inputting the information as required by the Act, including, but not limited to, Section 4, as set forth on the Department's website. 1) Assistance with completing the applicatio…

Section 1230.25 Electronic Communication a) Upon development of a system that allows for electronic communication, the Department shall allow a person to elect to receive FOID Card related correspondence via email or text message and to opt out of first-class mail communication. …

Section 1230.30 Duration, Renewal, and Expiration of FOID Card a) Duration. A FOID Card shall expire 10 years from the date of issuance. 1) The date the FOID Card becomes active within the Department's online FOID/CCL system is designated as the date of issuance for purposes of t…

Section 1230.35 Possession and Validity of a FOID Card a) Possession 1) Possession of either a valid FOID Card, FCCL, or FOID Card with Designator shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card. 2) A Designator will be added to the F…

Section 1230.40 Sponsorship of a Minor a) Except as provided by Section 65/4(a)(2)(i-5) of the Act, applicants for a FOID Card under the age of 21 shall have the written consent of the applicant's parent or legal guardian to possess and acquire firearms and firearm ammunition, pr…

Section 1230.45 Firearm Serial Number System to Identify Firearms Reported Stolen a) Access to Illinois information online 1) The Department will establish a component to its FOID/FCCL Online System for the purpose of searching stolen gun information as reported by law enforcemen…

Section 1230.50 Return of FOID Card – Applicant a) Suspension 1) The Department will suspend the FOID Card pursuant to Section 8.3 of the Act, whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to: A) Section 8.2 of the …

Section 1230.60 Return of Revoked FOID Card – Other Any criminal justice system employee or firearm or ammunition retailer who takes possession of a revoked FOID Card shall return the revoked card to the Illinois State Police, Firearms Services Bureau, within 10 business days. (S…

Section 1230.65 Possession and Transfer of Items Regulated by Sections 24-1.9 or 24-1.10 of the Criminal Code of 2012 a) All transfers of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall be …

Section 1230.70 Record Challenge Any person who wishes to challenge the record serving as the basis for the denial of a FOID Card application or revocation or suspension of a FOID Card as provided in Section 10(a-10) of the Act must first submit a Request for FOID Investigation, …

Section 1230.75 Request for Relief If relief is granted by a court with appropriate jurisdiction or the FOID Card Review Board, the Department shall reinstate the petitioner's firearms rights, issue a FOID Card, and update, correct, modify, or remove the person's record in any da…

Section 1230.80 Judicial Review If a court with appropriate jurisdiction denies an individual's request for relief from a firearms prohibitor, either upon direct appeal or upon administrative review of the Director's or the FOID Card Review Board's denial, a new application from …

Section 1230.90 Certification (Repealed) (Source: Repealed at 38 Ill. Reg. 2301, effective December 31, 2013)