 | SCENARIO FOR INFORMATION SHARING IN ILLINOIS | VALIDATION SUMMARY The validation process involved meeting with stakeholder groups throughout the Illinois criminal justice community. They included: - The Illinois Association of Chiefs of Police
- The Illinois Sheriffs Association
- The Illinois State's Attorney's Association
- The Illinois Public Defenders' Association
- The Illinois Association of Court Clerks
- The Illinois Probation and Court Services Association
In addition, staff members met with integrated justice working groups in Champaign and McLean Counties, and with criminal court judges from central Illinois. The scenario identifies the future functions, range of information exchanges and interactions needed among primary entities throughout the justice enterprise for information sharing in Illinois. The current technology for justice information systems is validated against this scenario to identify the gaps which exist today. The common functions for information sharing used in the scenario are defined as follows: 1. Query/Response: Information sharing in which the human user of an application program requests specific information from another information system and receives a response. 2. Push: Information sharing in which an application program, upon sensing the occurrence of a specified event, automatically sends specified information to another information system. 3. Pull: Information sharing in which an application program, upon sensing the occurrence of a specified event, automatically requests specified information from another information system. 4. Publish/Subscribe: Information sharing in which the subscriber user indicates a desire to be informed/notified if certain events occur affecting a certain person, event and/or case.
| Scenario Content | Gap Analysis Summary Comments | 1. Subject Not Present: A police officer preparing to conduct a traffic stop or when given an assignment prior to contact with any person, will submit a query to state warrant system (LEADS) and Secretary of State (SOS) to return information on persons and vehicles. The police officer will receive SOS and warrant data, digital photo(s) and officer protection information (i.e., field notification program, etc.) within less than 10 seconds within 24 hours currency. Additionally the officer should be notified that information exists from a variety of other sources such as: Criminal History Record Information (CHRI), Firearms Owners Identification (FOID), Automated Victim Notification (AVN), Illinois Department of Corrections (IDOC), Immigration and Naturalization Service (INS), Department of Children & Family Services (DCFS), bond status/conditions, probation/parole status and conditions, etc. within 1 minute within 24 hour currency. The information should be concise and uniform. | | - The traffic-stop portion of Scenario No. 1 presumes that all police officers have in-car computers. This is not the case, particularly in many downstate areas. Running these inquiries over the police radio is not always practical.
- The traffic-stop portion of this scenario also assumes that the 10-28 response has associated driver's license information. This is not always the case. Many vehicle registrations do not contain driver's license data.
- Acquiring LEADS, SOS, Federal Hot Files, Field Notification, CHRI, & FOID information currently requires three separate inquiries. Information from AVN, IDOC, INS, and DCFS is currently not available. Information from all of these sources should be available from one inquiry.
- The inquiry response should contain a summary of officer safety information from LEADS, SOS, Federal Hot Files, Field Notification, CHRI, & FOID and optional flags indicating information is available from AVN, IDOC, INS, and/or DCFS.
- Although a ten-second response from LEADS is possible, it does not always occur because of the demand for LEADS service.
- The information contained in LEADS is usually not current within the last 24 hours.
- Officer safety information should contain data on active warrants, violent crime arrests, gang participation, and firearms information.
- The format of the LEADS CQH (criminal history) response needs to be improved; it is difficult to read.
- An interface between license registration (10-28) and LEADS hot files would be useful.
- There should be access to local and regional incident report databases such as PIMS and CPD CHRIS.
- Digital photos are not available from the Secretary of State.
- Parole and probation conditions would be useful. For example, a condition of probation may prohibit a gang member from frequenting a certain location or assembling with other gang members. Failing to comply with the restriction could result in a probation violation. Knowledge of a parole or probation violation would help parole and probation officers manage their caseloads.
| 2. First Subject Contact: Upon contact with a driver, or in cases other than traffic where a police officer's contact begins with a person, the primary objective is to identify the individual, check the state warrant system (LEADS) and provide officer protection information. The officer submits an inquiry containing biometric and demographic (alpha-numeric) identifiers in order to verify the subject's identity, and query the state warrant system (LEADS) and SOS. The police officer will receive SOS and warrant data, digital photo(s) and officer protection information (i.e., field notification program, etc.) within less than 10 seconds and 24 hour currency. Additionally the officer should receive a response that information exists from a variety of other sources such as: CHRI, FOID, AVN, IDOC, DCFS, INS, bond status/conditions, probation/parole status and conditions etc. within 1 minute and 24 hour currency. The information should be concise and uniform. | - All issues identified in Scenario No. 1 also apply to Scenario No. 2.
- Biometric inquiry is currently not available and the legal basis for requiring its use prior to arrest is unclear.
| 3.
A. Non-Custodial Situation: In cases where direct filing is permitted in compliance with local rules on charge screening, the following applies. In a non-custodial situation where an officer effects an arrest, issues a summons, or notice to appear, the officer biometrically verifies the subject's identity, then digitally signs and electronically pushes the arrest/complaint (including a synopsis of facts) and/or crash report to the police information system, prosecutor information system, circuit clerk information system, Illinois Department of Transportation (IDOT), probation, parole and INS information systems and any agency subscribing to the information. | - There was some concern that too much responsibility is being placed on police departments to push information.
- There is a need to develop interfaces between local agency records systems and any IDOT traffic crash reporting system to prevent double entry.
- Should include Secretary of State where appropriate.
| 3.
B. Custodial Situation: | In a custodial arrest, the fingerprint-based query is electronically submitted to the state central repository for positive identification. The officer will receive a fingerprint based identification and criminal history response within 5 minutes with a 24 hour currency. The arresting/booking officer completes and signs (digitally) the arrest/complaint (plus synopsis of facts) which are merged with the previously taken fingerprints and digital photos of the arrestee. Based on recipients' needs, the arrest/complaint, fingerprints/digital photos, are pushed to the police information system, sheriff information system, the state central repository, the prosecutor, the circuit clerk, probation, parole and INS information systems and any agency subscribing to the information within 2 hours. The officer will have the ability to electronically populate document fields with data contained in the responses received from previous queries. In any case when an individual is arrested and released prior to charging or where prosecutorial approval is required prior to filing and subsequently charges are rejected, the police information system will push the release decision to the state central repository. | - The Scenario No. 3B requires that information be sent to many agencies simultaneously. Most counties send arrest information to the State's Attorneys' Office for a charging decision before it is sent to the Clerk of Court.
- Scenario No. 3B also requires live-scan technology, which is often cost-prohibitive for small jurisdictions. The initial purchase is approximately $75,000 plus monthly maintenance of as much as $800.00.
- Live-scan can produce a response in minutes, but the response may take up to two hours depending upon the volume of inquiries.
- Live-scan fingerprint inquiry (FPQ) and booking require two separate finger-printings; they should be combined into one.
- The Bureau of Identification digital mug shot system is not currently operational.
- State criminal history should be sent back with SID; this currently requires a separate LEADS inquiry.
- CHRI postings are not current within 24 hours. It could take weeks to post new arrests and dispositions to a subject's criminal history record.
- One of the cost issues in Scenario No. 3B is wide-area-network connectivity. Additionally, some jurisdictions need more than one connection for LEADS, frame relay, and ALERTS. There is a need to combine all functionality into one network connection as a cost-savings measure.
- Checking on a subject's immigrant status is an active telephone query process on the part of the investigator. Immigrant status is important because the State's Attorneys' Office is required to notify the appropriate consulate of any prosecution of a foreign citizen.
- The Public Defender's Office should be notified of the arrest of one of its current clients.
| 4. Grand Jury/True Bill/Notice to Appear/Warrant: If an individual enters the judicial system for a reportable offense and has not been positively identified and booked for the offense, the prosecutor will request the judge to remand the individual to be booked prior to the first appearance in court. | - Subsequent booking does not occur in many jurisdictions throughout the state. Many misdemeanants are summoned into court where their crimes are upgraded to felonies, tried, and convicted. These convictions are never posted to CHRI.
- Current law provides that after sentencing, the State's Attorney shall ask the court to order the finger-printing of those persons who havenot previously been fingerprinted for the same case. 20 ILCS 2630/2.1(d). It was recommend that the statute be amended to provide for fingerprinting at an earlier point in the criminal process, such as after a finding of probable cause.
| 5. Defendant Not Present, Warrant/Summons Requested: | A police officer or complainant will approach the prosecutors office (in person or electronically) for a warrant/summons request on a suspect not in custody. The police information system will push the information they have on the suspect; demographic and fingerprint identification, digital photo, LEADS hot files, criminal history, gang records, SOS information, and police reports into the prosecutor information system for a prosecutor charging decision. The prosecutors office uses the information pushed from the police information system and information pulled from the circuit clerk information system; probation records, orders of protection, current court orders, DCFS information system, parole, INS, and state central repository systems to make a prosecutor charging decision (statute to charge) and digitally creates a warrant/summons (with fingerprint/digital photo on the warrant for biometric verification of identity). The prosecutor information system pushes the request for warrant/summons to the circuit clerk information system for judicial approval by digital signature and a court case number. The circuit clerk information system pushes the warrant/summons to police information system, prosecutor information system, and the state warrant system (LEADS) in real time. Upon receiving an electronic filing of a charge, the circuit clerk information system will create a court case file which will require adjudication for the case to leave the system at any point. The circuit clerk information system will push court case file number to the police information system, prosecutor information system, and the state central repository system. | - Scenario No. 5 requires the prosecutor to make six separate inquiries; these should be consolidated into a single inquiry.
- Civil orders of protection are reportedly not in LEADS.
- Scenario No. 5 has the Court Clerk pushing warrants into LEADS; the Sheriff traditionally does this in most counties.
- Not all warrants are entered into LEADS; this could be an officer safety issue.
| 6. Bond: | Upon arrest, if the defendant is able to post bond at the station, that information (including bond conditions) will be entered into the police information system and pushed to the circuit clerk, the prosecutor information system, and the state central repository to be available immediately. Upon arrest, if the defendant is not able to post bond he will be held in custody awaiting a bond hearing. Within 2 hours of arrest, the police information system will push booking information, citations, arrest booking document, synopsis of facts report, fingerprints and digital photos and criminal history to the prosecutor, circuit clerk, probation, parole, jail and INS information systems. Upon notification of pretrial services, the jail information system will push the information of the defendant's arrest to the pretrial services information system for a bond report. Pretrial services information system pulls the defendant's fingerprints/digital photos and criminal history from the state central repository system. Pretrial services information system pulls information from the local criminal history housed with the circuit clerk information system. Pretrial services information system pulls information as to charges from the prosecutor information system and generates a pre-trial report. Pretrial services information system will push the pretrial report to the circuit clerk information system, prosecutor information system and defense. A bond hearing will be held within 48 hours. Information as to conditions of bond will be entered into the circuit clerk information system and pushed to the prosecutor information system, public defender information system (if applicable), probation information system, police information system and jail information system. Biometrically verified bond and sentencing information will be pushed to the state central repository immediately. | - Police departments without live-scan ink-and-roll arrestees. Additionally, police departments in counties with central booking, ink-and-roll arrestees at the police station when I-Bonds aregranted. It takes approximately two weeks for these arrests to be posted to CHRI.
- Police recommend expansion of video bond court to eliminate transportation of prisoners to courthouse. Currently, bond paperwork still needs to be transported to the Court Clerk's office; this paperwork should be electronic.
- Victims should also be notified as to a subject's release on bond.
| 7. Pre-Arraignment: | Prior to arraignment, preliminary hearing or grand jury, the prosecutor will query the police information system (for police reports), circuit clerk information system and state central repository system for criminal history. Complaints can arrive in court in two ways: in most counties, misdemeanors, traffic and local ordinances are filed directly to the clerk, however some counties reserve prosecutorial charging decisions for all filings. When a prosecutorial charging decision is made, they either approve the police charging documents or override them. If a decision is made to modify charges, they will then electronically create, sign, and notarize a criminal information/indictment. The prosecutor information system will push the criminal information/indictment to the circuit clerk information system for digital filing. The prosecutor information system will also push a copy of the digital information/indictment to the police information system and state central repository. | - The primary concern of prosecutors was accurate and complete criminal history record information. CHRI Information is necessary for informed charging and bond decisions.
- Many prosecutors do not have adequate access to LEADS.
- Not all prosecutors report charging decisions to the Bureau of Identification. They are concerned that the number of charges that they do not approve could reflect poorly on their offices.
- The Public Defender's Office requested greater access to information at all stages of the criminal process, however, their access is currently restricted by statute and case law. See Illinois Supreme Court Rule 411 (discovery rules are applicable in felonycases following indictment or information and shall not be operative prior to or in the course of any preliminary hearing) and People v. Schmidt, 56 Ill.2d 572, 575, 309 N.E.2d 557, 558 (Ill. 1974) (holding that in misdemeanor cases, the State is required to furnish defendants with a list of witnesses, any confession of the defendant, evidence negating the defendant's guilt, and, if applicable, the results of the breathalyzer test before trial; any arrest report must be available at trial for impeachment purposes).
| 8. Arraignment Through Trial/Plea: | The defendant will appear in court for arraignment. The court will arraign the suspect based upon the information/charging document in the court case file from the circuit clerk information system. Dates will be set by the court and the circuit clerk information system will push the dates to the prosecutor information system and the defense. The electronic scheduling of dates, times, and location for hearings or trials will be in accordance with local rules. The judge electronically records the order, setting of bail, granting/denying of petitions, continuances, pleas, findings, sentences or other related orders. The prosecutor information system will push criminal discovery; a copy of the information, citation, criminal history and arrest reports, to the defense. The defendant will enter a plea and a new date will be set. The prosecutor information system will pull the information as to new dates and court minutes from the circuit clerk information system. Motions may be filed by the prosecution or defense. The prosecutor information system will generate motions, digitally sign and push motions to the circuit clerk information system and the defense. Hearing dates set by the court will be entered into the circuit clerk information system. The prosecutor information system will pull the hearing dates and push subpoenas for testimony to the circuit clerk information system and the sheriff information system for service. The prosecutor information system will receive the trial date from the circuit clerk information system and push subpoenas for testimony to the circuit clerk information system and the sheriff information system for service. Based upon the court's entry of the order, the circuit clerk information system automatically generates warrants, summons, mittimus, bail bond, recognizance, probation/conditional discharge/supervisionspecifications, arrest warrant quash/recall and other electronic documents as needed. The circuit clerk information system receives the filings of petitions for violation of bail bond, petitions for special/additional conditions of bail, petitions for orders of protection, pretrial/pre-sentence investigation reports, evaluations or status reports, statement of facts, appearances, other types of motions and petitions. The circuit clerk information system is updated in real-time and stores the document in a digitized format. Service, notices of filing or "copies" involving private defense attorneys will be electronically filed. Data related to court's orders and rulings will be pushed in real time to the systems of the State's Attorney, Adult Probation/Social Service, Sheriff, State Department of Corrections, state central repository and FOID, local law enforcement, Secretary of State, and Department of Human Services. When available, the circuit clerk information system will push a biometrically (fingerprint) supported disposition. Additionally, qualifying court event data will be published to the state warrant system (LEADS) for record entry, modification, and deletion as required. At one point the defendant may fail to appear for a court appearance and the judge issues and digitally signs an arrest warrant which the circuit clerk information system pushes to the police information system, prosecutor information system and the state warrant system (LEADS). | - Discovery rules are applicable in felony cases following indictment or information and shall not be operative prior to or in the course of any preliminary hearing. Illinois Supreme Court Rule 411.
- In misdemeanor cases, the State is required to furnish defendants with a list of witnesses, any confession of the defendant, evidence negating the defendant's guilt, and, if applicable, the results of the breathalyzer test before trial; any arrest report must be available at trial for impeachment purposes. People v. Schmidt, 56 Ill.2d 572, 575, 309 N.E.2d 557, 558 (Ill. 1974).
- There was reluctance from the judiciary regarding the use of digital signatures.
| 9. Court Disposition/Sentencing: | After a trial or plea the court will order a pre-sentence investigation unless there is an agreed disposition. The probation information system will prepare the pre-sentence investigation report by pulling information from arrest report, incident report, criminal history record, pre-trial services report and other reports and pushing that report to the circuit clerk information system, prosecutor information system, and to the defense. The court sentences the defendant or agrees to a negotiated disposition between the prosecution and defense. If the prosecutor information system generates a digital sentencing motion, it will be pushed to the circuit clerk information system for the judges digital signature. Depending upon the sentence, the digital sentencing order will be pushed to the prosecutor information system to notify victims and to the police information system and the state central repository. The digital sentencing order may also be pushed to the probation information system for monitoring and compliance with court conditions. The digital sentencing order may also be pushed to the appropriate correctional facility (state department of corrections or jail information system) along with a statement of facts, and all other requested or statutorily required information for intake and classification pushed from the prosecutor information system. The state central repository publishes the conviction, sentence and identification information and electronically notifies appropriate justice and other required governmental agencies (e.g., Department of Health and Human Services, State Board of Education, Department of Children and Family Services, etc.) who have subscribed to notification of relevant changes in status (e.g., the conviction for a disqualifying offense). | - Law Enforcement wants the Court Clerk to electronically push evidence destruction orders.
- Not all probation offices have LEADS access.
- Pre-sentence investigations (PSI) & DUI evaluations are not public information.
- Pre-sentence investigation reports are critical to the work of the IDOC.
- The same PSI can be used in multiple cases with the same defendant.
- The mittimus form approved by the Conference of Chief Judges should be used.
| 10. Court Events (Post Trial): | Filings involving petitions for violation of probation, conditional discharge and supervision, appeals, motions to modify sentence and petitions to expunge are pushed to the circuit clerk information system. Filings, notices, mandates, court orders and/or rulings and other information needed involving appeals will be pushed and pulled to the systems of the agencies subscribing to the information (Court reporter, the State's Attorney, Attorney General, Appellate Defender, Public Defender, private attorney, Supreme Court Clerk, Appellate Clerk, Circuit Clerk, Secretary of State, State Police, State Corrections and Sheriff). | - Law Enforcement Agencies want to be notified of petitions for expungement so they will have the opportunity to object.
- Petitions to violate a sentence of probation are usually initiated by the State's Attorneys' Office.
| 11. Incarceration: | Upon intake, the booking officer will complete, sign (digitally) and electronically push the custodial receive fingerprint-based submission to the state central repository. The correctional facility (state department of corrections or jail information system) will receive a fingerprint based identification and criminal history response within 5 minutes with a 24 hour currency. The correctional facility (state department of corrections or jail information system) will push incarceration information to any agency subscribing to the information. The state department of corrections or jail information system will push a biometrically (fingerprint) supported custodial status change to the state central repository, when available. Custodial status changes will also be pushed to the circuit clerk information system, authorized victim/witness notification programs and any agency subscribing to the information. During the period of confinement, the state department of corrections information system will push parole hearing information to the prosecutor information system, public defender information system, as well as victims of the offense, so they can testify in support or opposition to release on parole. | - Many jails do not do custodial receipt fingerprints and therefore don't report custodial changes.
- Since the advent of determinate sentencing, parole hearings have declined.
| 12. Release - Parole or Discharge: The parole information system will track release to, and supervision within the community and will push this information to the systems of AVN, the arresting and receiving community police agency, the Sheriff, circuit clerk, state central repository, and INS. | |
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