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posted on 5/28/21

Illinois is leading the country in addressing police accountability and criminal justice reform. A significant part of Illinois’ new criminal justice reform law involves making police misconduct records more readily available to the public. Illinois must maintain a Professional Conduct Database maintained by the state board responsible for certifying and decertifying police officers.

Illinois’ Police Officer Misconduct Database

Illinois’ new law makes several changes to the police officer misconduct database. First, the Illinois State Police Merit board will be responsible for reporting all information necessary to the Officer Misconduct Database. The Merit Board must search the officer misconduct database before they can certify any police cadet. Additionally, the Merit Board must check the database before they appoint new law enforcement.

The database will now be accessible to any government agency, the Illinois State Police, any County State’s Attorney, and the Attorney General to determine whether to hire a law enforcement officer. This new provision aims to help the police department avoid hiring officers with a history of violence or any other red flags that could indicate they will engage in police brutality.

Agencies Must Provide the Merit Board With Information About Police Misconduct

The Illinois State Police and all governmental agencies must notify the Merit Board if they make a final determination on a police officer’s misconduct. They must notify the Merit Board of a violation of law, willful violation of policy, or any other type of official police misconduct in the following conditions:

  • The determination leads to a suspension of at least 10 days,
  • The infraction triggers an official investigation,
  • There is an allegation of misconduct or regarding the truthfulness of a material fact, bias, or integrity, or
  • The officer resigns a retires during an investigation.

Once the Merit Board receives notification of the infraction, the board must notify the law enforcement officer of his or her right to provide a statement regarding the reported violation. Officers convicted of a felony or certain misdemeanors must have their employment terminated automatically. The Illinois State Police Merit Board must report all terminations to the Officer Misconduct database.

The Searchable Officer Misconduct Database

Illinois must keep an Officer Misconduct Database. Additionally, the Merit Board must maintain the following two public databases:

  • A database of law enforcement officers, and
  • A database of all completed investigations against law enforcement officers related to decertification (this database will not include the names of the officers in question)

The Merit Board must submit an annual report to the Governor, Attorney General, and the President and Minority Leader of the Senate and House of Representatives beginning on March 1, 2023.

Contact a Schaumburg Criminal Defense Lawyer Today

At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. You can see defense attorney Thomas Glasgow on local Chicago news when he fought to get a former police officer’s conviction vacated. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.