Illinois Compiled Statutes 730 ILCS 5/5-4-3a – DNA testing backlog accountability
Current as of: 2024 | Check for updates
|
Other versions
(a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information:
(1) the extent of the backlog of cases awaiting
(1) the extent of the backlog of cases awaiting
testing or awaiting DNA analysis by the Illinois State Police, including, but not limited to, those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the Illinois State Police or in the physical custody of local law enforcement, provided that the Illinois State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
|
(2) what measures have been and are being taken to
reduce that backlog and the estimated costs or expenditures in doing so.
|
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
(1) For biology submissions, report both total
Terms Used In Illinois Compiled Statutes 730 ILCS 5/5-4-3a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
(1) For biology submissions, report both total
assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for:
|
(A) The number of assignments received in the
preceding quarter.
|
(B) The number of assignments completed in the
preceding quarter.
|
(C) The number of assignments awaiting analysis.
(D) The number of assignments sent for
(D) The number of assignments sent for
outsourcing.
|
(E) The number of assignments awaiting analysis
that were received within the past 30 days.
|
(F) The number of assignments awaiting analysis
that were received 31 to 90 days prior.
|
(G) The number of assignments awaiting analysis
that were received 91 to 180 days prior.
|
(H) The number of assignments awaiting analysis
that were received 181 to 365 days prior.
|
(I) The number of assignments awaiting analysis
that were received more than 365 days prior.
|
(J) (Blank).
(2) (Blank).
(3) For all other categories of testing (e.g., drug
(2) (Blank).
(3) For all other categories of testing (e.g., drug
chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
|
(A) The number of assignments received in the
preceding quarter.
|
(B) The number of assignments completed in the
preceding quarter.
|
(C) The number of assignments awaiting analysis.
(D) The number of cases entered in the National
(D) The number of cases entered in the National
Integrated Ballistic Information Network (NIBIN).
|
(E) The number of investigative leads developed
from National Integrated Ballistic Information Network (NIBIN) analysis.
|
(4) For the Combined DNA Index System (CODIS), report
both total assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
|
(A) The number of new offender samples received
in the preceding quarter.
|
(B) The number of offender samples uploaded to
CODIS in the preceding quarter.
|
(C) The number of offender samples awaiting
analysis.
|
(D) The number of unknown DNA case profiles
uploaded to CODIS in the preceding quarter.
|
(E) The number of CODIS hits in the preceding
quarter.
|
(F) The number of forensic evidence submissions
submitted to confirm a previously reported CODIS hit.
|
(5) For each category of testing, report the number
of trained forensic scientists and the number of forensic scientists in training.
|
As used in this subsection (c), “completed” means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.