(730 ILCS 210/3-5)

Sec. 3-5. Report of deaths of persons in custody in correctional institutions.

(a) In this Act, "law enforcement agency" includes each law enforcement entity within this State having the authority to arrest and detain persons suspected of, or charged with, committing a criminal offense, and each law enforcement entity that operates a lock up, jail, prison, or any other facility used to detain persons for legitimate law enforcement purposes.

(b) In any case in which a person dies:

(1) while in the custody of:

(A) a law enforcement agency;

(B) a local or State correctional facility in this State; or

(C) a peace officer; or

(2) as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Illinois Criminal Justice Information Authority, no later than 30 days after the date on which the person in custody or incarcerated died. The written report shall contain the following information:

(A) the following facts concerning the death that are in the possession of the law enforcement agency in charge of the investigation and the correctional facility where the death occurred, race, age, gender, sexual orientation, and gender identity of the decedent, and a brief description of causes, contributing factors and the circumstances surrounding the death;

(B) if the death occurred in custody, the report shall also include the jurisdiction, the law enforcement agency providing the investigation, and the local or State facility where the death occurred;

(C) if the death occurred in custody the report shall also include if emergency care was requested by the law enforcement agency in response to any illness, injury, self-inflicted or otherwise, or other issue related to rapid deterioration of physical wellness or human subsistence, and details concerning emergency care that were provided to the decedent if emergency care was provided.

(c) The law enforcement agency and the involved correctional administrators shall make a good faith effort to obtain all relevant facts and circumstances relevant to the death and include those in the report.

(d) The Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information as described in subsection (b). The information shall comply with this Act and the federal Death in Custody Reporting Act of 2013.

(e) Law enforcement agencies shall use the form described in subsection (d) to report all cases in which a person dies:

(1) while in the custody of:

(A) a law enforcement agency;

(B) a local or State correctional facility in this State; or

(C) a peace officer; or

(2) as a result of the peace officer's use of force.

(f) The Illinois Criminal Justice Information Authority may determine the manner in which the form is transmitted from a law enforcement agency to the Illinois Criminal Justice Information Authority. All state agencies that collect similar records as required under this Act, including the Illinois State Police, Illinois Department of Corrections, and Illinois Department of Juvenile Justice, shall collaborate with the Illinois Criminal Justice and Information Authority to collect the information in this Act.

(g) The reports shall be public records within the meaning of subsection (c) of Section 2 of the Freedom of Information Act and are open to public inspection, with the exception of any portion of the report that the Illinois Criminal Justice Information Authority determines is privileged or protected under Illinois or federal law.

(g-5) The Illinois Criminal Justice Information Authority shall begin collecting this information by January 1, 2022. The reports and publications in subsections (h) and below shall begin by June 1, 2022.

(h) The Illinois Criminal Justice Information Authority shall make available to the public information of all individual reports relating to deaths in custody through the Illinois Criminal Justice Information Authority's website to be updated on a quarterly basis.

(i) The Illinois Criminal Justice Information Authority shall issue a public annual report tabulating and evaluating trends and information on deaths in custody, including, but not limited to:

(1) information regarding the race, gender, sexual orientation, and gender identity of the decedent; and a brief description of the circumstances surrounding the death;

(2) if the death occurred in custody, the report shall also include the jurisdiction, law enforcement agency providing the investigation, and local or State facility where the death occurred; and

(3) recommendations and State and local efforts underway to reduce deaths in custody.

The report shall be submitted to the Governor and General Assembly and made available to the public on the Illinois Criminal Justice Information Authority's website the first week of February of each year.

(j) So that the State may oversee the healthcare provided to any person in the custody of each law enforcement agency within this State, provision of medical services to these persons, general care and treatment, and any other factors that may contribute to the death of any of these persons, the following information shall be made available to the public on the Illinois Criminal Justice Information Authority's website:

(1) the number of deaths that occurred during the preceding calendar year;

(2) the known, or discoverable upon reasonable inquiry, causes and contributing factors of each of the in-custody deaths as defined in subsection (b); and

(3) the law enforcement agency's policies, procedures, and protocols related to:

(A) treatment of a person experiencing withdrawal from alcohol or substance use;

(B) the facility's provision, or lack of provision, of medications used to treat, mitigate, or address a person's symptoms; and

(C) notifying an inmate's next of kin after the inmate's in-custody death.

(k) The family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody in accordance with State and federal law.

(l) The law enforcement agency or correctional facility shall name a staff person to act as dedicated family liaison officer to be a point of contact for the family, to make and maintain contact with the family, to report ongoing developments and findings of investigations, and to provide information and practical support. If requested by the deceased's next of kin, the law enforcement agency or correctional facility shall arrange for a chaplain, counselor, or other suitable staff member to meet with the family and discuss any faith considerations or concerns. The family has a right to the medical records of a family member who has died in custody and these records shall be disclosed to them in accordance with State and federal law.

(m) Each department shall assign an employee or employees to file reports under this Section. It is unlawful for a person who is required under this Section to investigate a death or file a report to fail to include in the report facts known or discovered in the investigation to the Illinois Criminal Justice Information Authority. A violation of this Section is a petty offense, with a fine not to exceed $500.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)