State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ]

90_SB0762enr

      50 ILCS 705/2             from Ch. 85, par. 502
      50 ILCS 705/8.1           from Ch. 85, par. 508.1
      50 ILCS 705/8.2
      50 ILCS 705/10.1          from Ch. 85, par. 510.1
          Amends the Illinois Police Training Act.  Eliminates  the
      mandatory   training   requirements   for   part-time  county
      corrections officers.  Effective immediately.
                                                     LRB9003191MWmg
SB762 Enrolled                                 LRB9003191MWmg
 1        AN ACT to amend  the  Illinois  Police  Training  Act  by
 2    changing Sections 2, 8.1, 8.2, and 10.1.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Police Training Act  is  amended
 6    by changing Sections 2, 8.1, 8.2, and 10.1 as follows:
 7        (50 ILCS 705/2) (from Ch. 85, par. 502)
 8        (Text of Section before amendment by P.A. 89-685)
 9        Sec.  2.  Definitions.   As  used in this Act, unless the
10    context otherwise requires:
11        "Board"  means  the  Illinois  Law  Enforcement  Training
12    Standards Board.
13        "Local governmental agency" means any local  governmental
14    unit  or  municipal  corporation  in this State.  It does not
15    include  the  State  of  Illinois  or  any  office,  officer,
16    department, division, bureau, board, commission, or agency of
17    the State, except that it  does  include  a  State-controlled
18    university, college or public community college.
19        "Police  training school" means any school located within
20    the State of Illinois whether  privately  or  publicly  owned
21    which  offers  a  course  in  police  or  county  corrections
22    training and has been approved by the Board.
23        "Probationary   police   officer"  means  a  recruit  law
24    enforcement officer required to successfully complete initial
25    minimum basic training  requirements  at  a  police  training
26    school to be eligible for permanent full-time employment as a
27    local law enforcement officer.
28        "Probationary  part-time  police officer" means a recruit
29    part-time law enforcement officer  required  to  successfully
30    complete  initial  minimum part-time training requirements to
31    be eligible for employment on a part-time basis  as  a  local
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 1    law enforcement officer.
 2        "Permanent   police  officer"  means  a  law  enforcement
 3    officer who has completed his or her probationary period  and
 4    is  permanently  employed on a full-time basis as a local law
 5    enforcement officer by  a  participating  local  governmental
 6    unit or as a security officer or campus policeman permanently
 7    employed  by  a  participating  State-controlled  university,
 8    college, or public community college.
 9        "Part-time   police  officer"  means  a  law  enforcement
10    officer who has completed his or her probationary period  and
11    is employed on a part-time basis as a law enforcement officer
12    by  a  participating  unit of local government or as a campus
13    policeman by  a  participating  State-controlled  university,
14    college, or public community college.
15        "Law  enforcement  officer" means any police officer of a
16    local governmental agency who is  primarily  responsible  for
17    prevention  or  detection of crime and the enforcement of the
18    criminal code, traffic, or highway laws of this State or  any
19    political subdivision of this State thereof.
20        "Recruit"   means   any   full-time   or   part-time  law
21    enforcement officer or full-time county  corrections  officer
22    who is enrolled in an approved training course.
23        "Probationary county corrections officer" means a recruit
24    county  corrections officer required to successfully complete
25    initial minimum  basic  training  requirements  at  a  police
26    training  school to be eligible for permanent employment on a
27    full-time basis as a county corrections officer.
28        "Probationary part-time county corrections officer" means
29    a recruit part-time county corrections  officer  required  to
30    successfully  complete  initial  minimum  part-time  training
31    requirements  to  be  eligible  for part-time employment as a
32    county corrections officer.
33        "Part-time county corrections  officer"  means  a  county
34    corrections officer who has completed his or her probationary
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 1    period  and  is  employed  on  a  part-time basis as a county
 2    corrections officer by  a  participating  local  governmental
 3    unit.
 4        "Permanent  county  corrections  officer"  means a county
 5    corrections officer who has completed his probationary period
 6    and is permanently employed on a full-time basis as a  county
 7    corrections  officer  by  a  participating local governmental
 8    unit.
 9        "County corrections officer" means any sworn  officer  of
10    the  sheriff who is primarily responsible for the control and
11    custody of offenders, detainees or inmates.
12    (Source: P.A. 88-586, eff. 8-12-94; 89-170, eff. 1-1-96.)
13        (Text of Section after amendment by P.A. 89-685)
14        Sec. 2. Definitions.  As used in  this  Act,  unless  the
15    context otherwise requires:
16        "Board"  means  the  Illinois  Law  Enforcement  Training
17    Standards Board.
18        "Local  governmental agency" means any local governmental
19    unit or municipal corporation in this  State.   It  does  not
20    include  the  State  of  Illinois  or  any  office,  officer,
21    department, division, bureau, board, commission, or agency of
22    the  State,  except  that  it does include a State-controlled
23    university, college or public community college.
24        "Police training school" means any school located  within
25    the  State  of  Illinois  whether privately or publicly owned
26    which  offers  a  course  in  police  or  county  corrections
27    training and has been approved by the Board.
28        "Probationary  police  officer"  means  a   recruit   law
29    enforcement officer required to successfully complete initial
30    minimum  basic  training  requirements  at  a police training
31    school to be eligible for permanent full-time employment as a
32    local law enforcement officer.
33        "Probationary part-time police officer" means  a  recruit
34    part-time  law  enforcement  officer required to successfully
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 1    complete initial minimum part-time training  requirements  to
 2    be  eligible  for  employment on a part-time basis as a local
 3    law enforcement officer.
 4        "Permanent  police  officer"  means  a  law   enforcement
 5    officer  who has completed his or her probationary period and
 6    is permanently employed on a full-time basis as a  local  law
 7    enforcement  officer  by  a  participating local governmental
 8    unit or as a security officer or campus policeman permanently
 9    employed  by  a  participating  State-controlled  university,
10    college, or public community college.
11        "Part-time  police  officer"  means  a  law   enforcement
12    officer  who has completed his or her probationary period and
13    is employed on a part-time basis as a law enforcement officer
14    by a participating unit of local government or  as  a  campus
15    policeman  by  a  participating  State-controlled university,
16    college, or public community college.
17        "Law enforcement officer" means any police officer  of  a
18    local  governmental  agency  who is primarily responsible for
19    prevention or detection of crime and the enforcement  of  the
20    criminal  code, traffic, or highway laws of this State or any
21    political subdivision of this State thereof.
22        "Recruit"  means   any   full-time   or   part-time   law
23    enforcement  officer  or full-time county corrections officer
24    who is enrolled in an approved training course.
25        "Probationary county corrections officer" means a recruit
26    county corrections officer required to successfully  complete
27    initial  minimum  basic  training  requirements  at  a police
28    training school to be eligible for permanent employment on  a
29    full-time basis as a county corrections officer.
30        "Probationary part-time county corrections officer" means
31    a  recruit  part-time  county corrections officer required to
32    successfully  complete  initial  minimum  part-time  training
33    requirements to be eligible for  part-time  employment  as  a
34    county corrections officer.
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 1        "Part-time  county  corrections  officer"  means a county
 2    corrections officer who has completed his or her probationary
 3    period and is employed on  a  part-time  basis  as  a  county
 4    corrections  officer  by  a  participating local governmental
 5    unit.
 6        "Permanent county corrections  officer"  means  a  county
 7    corrections officer who has completed his probationary period
 8    and  is permanently employed on a full-time basis as a county
 9    corrections officer by  a  participating  local  governmental
10    unit.
11        "County  corrections  officer" means any sworn officer of
12    the sheriff who is primarily responsible for the control  and
13    custody of offenders, detainees or inmates.
14        "Probationary  court  security  officer"  means a recruit
15    court security  officer  required  to  successfully  complete
16    initial  minimum  basic training requirements at a designated
17    training school to be eligible for permanent employment as  a
18    court security officer.
19        "Permanent court security officer" means a court security
20    officer  who has completed his or her probationary period and
21    is permanently employed as a  court  security  officer  by  a
22    participating local governmental unit.
23        "Court  security  officer" has the meaning ascribed to it
24    in Section 3-6012.1 of the Counties Code.
25    (Source: P.A. 88-586,  eff.  8-12-94;  89-170,  eff.  1-1-96;
26    89-685, eff. 6-1-97.)
27        (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
28        Sec.   8.1.   Full-time  police  and  county  corrections
29    officers.
30        (a)  After January 1, 1976, no  person  shall  receive  a
31    permanent appointment as a law enforcement officer as defined
32    in this Act nor shall any person receive, after the effective
33    date  of this amendatory Act of 1984, a permanent appointment
SB762 Enrolled              -6-                LRB9003191MWmg
 1    as a county corrections officer unless that person  has  been
 2    awarded,  within  six  months of his or her initial full-time
 3    employment, a certificate attesting to his or her  successful
 4    completion of the Minimum Standards Basic Law Enforcement and
 5    County  Correctional  Training  Course  as  prescribed by the
 6    Board; or has been awarded a  certificate  attesting  to  his
 7    satisfactory  completion  of  a  training  program of similar
 8    content and number of hours and which course has  been  found
 9    acceptable  by the Board under the provisions of this Act; or
10    by reason  of  extensive  prior  law  enforcement  or  county
11    corrections  experience  the  basic  training  requirement is
12    determined by the Board to be illogical and unreasonable.
13        If such training is required and not completed within the
14    applicable six months, then  the  officer  must  forfeit  his
15    position,  or  the employing agency must obtain a waiver from
16    the Board extending the period for compliance.   Such  waiver
17    shall be issued only for good and justifiable reasons, and in
18    no case shall extend more than 90 days beyond the initial six
19    months.
20        (b)  No  provision  of this Section shall be construed to
21    mean that a law  enforcement  officer  employed  by  a  local
22    governmental agency at the time of the effective date of this
23    amendatory Act, either as a probationary police officer or as
24    a permanent police officer, shall require certification under
25    the  provisions of this Section. No provision of this Section
26    shall be construed to mean that a county corrections  officer
27    employed  by  a  local governmental agency at the time of the
28    effective date of this amendatory Act of 1984,  either  as  a
29    probationary  county  corrections  or  as  a permanent county
30    corrections officer, shall require  certification  under  the
31    provisions  of  this  Section.  No  provision of this Section
32    shall be construed  to  apply  to  certification  of  elected
33    county sheriffs.
34        (c)  This  Section  does  not  apply  to part-time police
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 1    officers  or  ,  probationary  part-time   police   officers,
 2    part-time   county   corrections  officers,  or  probationary
 3    part-time county corrections officers.
 4    (Source: P.A. 89-170, eff. 1-1-96.)
 5        (50 ILCS 705/8.2)
 6        Sec.  8.2.  Part-time  police  and   county   corrections
 7    officers.
 8        (a)  A  person  hired  to  serve  as  a  part-time police
 9    officer  must  obtain  from  the  Board  a  certificate   (i)
10    attesting   to  his  or  her  successful  completion  of  the
11    part-time police training course; (ii) attesting  to  his  or
12    her  satisfactory completion of a training program of similar
13    content and number of hours that has been found acceptable by
14    the  Board  under  the  provisions  of  this  Act;  or  (iii)
15    attesting to the Board's  determination  that  the  part-time
16    police training course is unnecessary because of the person's
17    extensive  prior  law enforcement experience.  A person hired
18    on or after January 1,  1996  must  obtain  this  certificate
19    within  18  months  after  the  date of hire.  A person hired
20    before January 1, 1996 must obtain this certificate within 24
21    months after the effective date of  this  amendatory  Act  of
22    1995.
23        The  employing  agency  may  seek a waiver from the Board
24    extending the period  for  compliance.   A  waiver  shall  be
25    issued  only  for  good  and  justifiable reasons and may not
26    extend the initial period by more than 90 days.  If  training
27    is  required  and  not  completed  within the applicable time
28    period, as extended by any waiver that may be  granted,  then
29    the officer must forfeit his or her position.
30        (b)  (Blank).  A  person  hired  to  serve as a part-time
31    county corrections officer  must  obtain  from  the  Board  a
32    certificate (i) attesting to his or her successful completion
33    of  the  part-time  county correctional training course; (ii)
SB762 Enrolled              -8-                LRB9003191MWmg
 1    attesting to his or her satisfactory completion of a training
 2    program of similar content and number of hours that has  been
 3    found  acceptable  by  the Board under the provisions of this
 4    Act; or (iii) attesting to the Board's determination that the
 5    part-time county correctional training course is  unnecessary
 6    because  of  the  person's extensive prior county corrections
 7    experience.  A person hired on or after January 1, 1996  must
 8    obtain  this  certificate  within 18 months after the date of
 9    hire.  A person hired before January 1, 1996 must obtain this
10    certificate within 24 months after the effective date of this
11    amendatory Act of 1995.
12        The employing agency may seek a  waiver  from  the  Board
13    extending  the  period  for  compliance.   A  waiver shall be
14    issued only for good and  justifiable  reasons  and  may  not
15    extend  the initial period by more than 90 days.  If training
16    is required and not  completed  within  the  applicable  time
17    period,  as  extended by any waiver that may be granted, then
18    the officer must forfeit his or her position.
19        (c)  The   part-time  police  training  course  and   the
20    part-time  county correctional training course referred to in
21    this Section shall be of similar content and the same  number
22    of  hours  as the courses for full-time officers and shall be
23    provided by Mobile Team In-Service Training Units  under  the
24    Intergovernmental   Law   Enforcement   Officer's  In-Service
25    Training Act in a manner prescribed by the Board.
26        (d)  For the purposes of this Section,  the  Board  shall
27    adopt   rules  defining  what  constitutes  employment  on  a
28    part-time basis.
29    (Source: P.A. 89-170, eff. 1-1-96.)
30        (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
31        Sec. 10.1.  Additional  training  programs.    The  Board
32    shall initiate, administer, and conduct training programs for
33    permanent  police  officers  and permanent county corrections
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 1    officers in addition to the basic recruit  training  program.
 2    The  Board  may  initiate,  administer,  and conduct training
 3    programs for part-time police officers and  part-time  county
 4    corrections  officers  in  addition  to  the  basic part-time
 5    police  training  course  and  the  basic  part-time   county
 6    correctional officers course.  The training for permanent and
 7    part-time  police officers and permanent and part-time county
 8    corrections officers may be given in any schools selected  by
 9    the  Board.  Such training may include all or any part of the
10    subjects enumerated in Section 7 of this Act.
11        The corporate  authorities  of  all  participating  local
12    governmental   agencies  may  elect  to  participate  in  the
13    advanced training for permanent and part-time police officers
14    and permanent and part-time county corrections  officers  but
15    nonparticipation  in this program shall not in any way affect
16    the  mandatory  responsibility  of  governmental   units   to
17    participate  in  the  basic  recruit  training  programs  for
18    probationary  full-time  and  part-time  police and permanent
19    county corrections officers.  The failure of any permanent or
20    part-time police officer or  permanent  or  part-time  county
21    corrections  officer  to  successfully  complete  any  course
22    authorized  under this Section shall not affect the officer's
23    status as  a  member  of  the  police  department  or  county
24    sheriff's office of any local governmental agency.
25        The  Board may initiate, administer, and conduct training
26    programs  for  clerks  of  circuit  courts.   Those  training
27    programs, at the Board's  discretion,  may  be  the  same  or
28    variations of training programs for law enforcement officers.
29    (Source: P.A. 89-170, eff. 1-1-96; 89-670, eff. 8-14-96.)
30        Section  95.   No  acceleration or delay.  Where this Act
31    makes changes in a statute that is represented in this Act by
32    text that is not yet or no longer in effect (for  example,  a
33    Section  represented  by  multiple versions), the use of that
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 1    text does not accelerate or delay the taking  effect  of  (i)
 2    the  changes made by this Act or (ii) provisions derived from
 3    any other Public Act.
 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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