Prairie State Wire

Illinois Criminal Justice Information Authority Firearm Prohibitors and Records Improvement Task Force met April 18.

Here are the minutes provided by the task force:

Task Force Member Attendance	Present	Absent
ISP Deputy Director: Chris Campbell- Designee Col Cpt. Yenchco	X
Deputy Director Dr. Sharon Coleman IDHS Forensic & Justice Services	X
IDOC Director designees: Sharon Shipinski	X
IDOC Director designees: Zachary Sarver	X
Illinois Attorney General designee: Caitlyn McEllis	X
Marcia M. Meis, Director AOIC designee Stephany Ortiz		X
Jim Kaitschuk, Illinois Sheriff’s Association	X
Robert Berlin, Illinois State’s Attorney’s Association	X
James Keegan, Illinois Association of Chiefs of Police		X
Lia Daniels, Illinois Health, and Hospital Assoc. representing Elizabeth Nelson		X
Mayor Reggie Freeman, Illinois Municipal League		X

Also present were:

Stefanie Browning, IDHS, FOID Mental Health Reporting

Sharon Coleman, IDHS, FOID Mental Health Reporting

Theresa Everist, IDHS, FOID Mental Health Reporting

Other Authority Staff Members:

Tim Lavery, ICJIA Director of Research

Emilee Green, ICJIA Research Analyst Center for Justice Research and Evaluation Sarah Henricksen, ICJIA, Associate General Counsel

Michael Lynch ICJIA Strategic Projects Administrator

Mary Ratliff, ICJIA Strategic Projects Administrator Director

Minutes by:

Kimberly Atkins, ICJIA Strategic Project Administrator/ Editor

I. Call to Order and Roll Call

• Chairperson Delrice Adams Assigned Tim Lavery to call the meeting to order at 2:03 P.M.

• Sarah Henricksen, Associate General Counsel took roll call and Quorum was established

II. OLD BUSINESS

Approval of the minutes

• Motion: To approve the minutes from March 21, 2024, Meeting

• Motion By: Sharon Shipinski

• Seconded By: Sharon Coleman

• Henricksen took voice vote, and the motion carries for approval of the minutes

II. New Business

• Chairperson, ICJIA Executive Director, Delrice Adams, introduced Timothy Lavery, ICJIA Research Analyst in the Center for Justice Research and Evaluation, to present road map that included review of previous meeting and legislative recommendation up to where the task force is today.

• Chairperson Adams/Special Representative, Tim Lavery: The taskforce is gathering information for the last task force report presentations and today we will review recommendations 1 more time and pose the question to the group if the selected are the recommendations that should be added to the report for Legislative change. Are We would also like to review if there were other agencies that would like to propose recommendation changes.

• Mr. Lavery presented that ICJIA research and planning, in our role, engaged in further dialogue with IDHS to determine if there is a statute IDHS would like to move forward and present to the group. An agenda has been presented and through the group’s authority, shall review and vote today. In our upcoming task force report, Emily Green will include a recommendation, through legislation, may be modified in accordance with the shortcomings that IDHS has articulated and present along with the statute and describe it to make clear to the group. We will proceed and review the remaining statutes that were put forth during deliberation. The meeting warrants additional and final opportunity for review of recommendations considered for legislative change and inclusion in the June 30, 2024, report. The legislative component was a next step in series in the process, we took it on.

• Mr. Lavery presented, in the upcoming task force report, Emily Green will include a recommendation, through legislation, may be modified in accordance with the shortcomings that IDHS has articulated and present along with the statute and describe it to make clear to the group. We will proceed and again review the remaining statutes that were put forth during deliberation. The meeting warrants additional and final opportunity for review of recommendations considered for legislative change and inclusion in the June 30, 2024, report. The topic will be the sustenance that is included in the final report. The legislative component was a next step in series in the process, we took it on. Mr. Lavery hands over the floor to Emilee Green.

• Emilee Green - Shares presentation on screen with legislative suggestions from taskforce members compiled from previous presentations and taskforce communications. Emilee Green highlights statute 405 ILCS 5/1-122. IDHS has been kind enough to prioritize 1 of their suggested changes for us today and developed some language around it, which I'll go through now. The first recommendation, the definition of qualified examiner was presented. In this case, there was a list currently in several of the acts, which defines a qualified. However, it was Specifically noted that this definition is currently missing a couple of key health care role titles that the group thought would be necessary to include. The healthcare roles were a physician assistant as well as an advanced practice nurse, including those certified as nurse practitioners.

• On behalf of their group, IDHS has updated some of the language for the definition of qualified examiner identified as (b) part of section 1-122 and highlighted in yellow. The profession of physician assistant has been added as well as advanced practice nurse. The role of registered nurse (b), definition hasn't changed although it is a similar role. Outlined in this language are physician, assistant and advanced practice nurse which are within the umbrella of healthcare roles.

• Emily Greene opens the floor to member discussion, recommendations, concerns, or other changes that anyone in this group believes is needed before official recommendation up for a vote. (Pause for member discussion)

• Special Representative, Tim Lavery: Hearing No discussion that has been presented hands the meeting to Sarah Henricksen for voting.

• Sarah Henricksen asks for motion to have vote on recommendation incorporated into the report

• Motion: To hold vote on recommendations to vote on the report

• Motion By: Sharon Shipinski

• Seconded By: Caitlyn McEllis

• Henricksen took roll call for acceptance to accept recommendation

• All yea

• No nea nor abstentions or recusals

• So moved the motion approved to include recommendation in the report.

• Emily Green presents that because there is time allocated for review of recommendations that we will go through the recommendation

• Correctional and juvenile Justice Facilities Emilee Green presents an important need for Legislative Clarification for mandated reporting. The first area is Clear and Present Danger reporting by qualified examinators in Correctional and Juvenile Justice facilities. The statute should clarify reporting of admissions to mental health units in correctional and juvenile Justice facilities. The task force may add if this group should be reporting and who should we ask to include these groups or not. Juvenile justice facilities may believe they are exempt from reporting.

• Emilee Green presents topic area reported previously and needing clarification is the reporting of behavioral health admissions from facilities without specified units. Here there is a lack of legislation and guidance for facilities that provide mental health care and do not have specialized units. Such as nursing homes that may trat a person for a mental health issue, however, are not defined as a mental health facility.

• 430 ILCS 65/1.1 Illinois Firearm Identification Act- Clarification reporting on behavioral health admissions from facilities that are providing mental health care but do not have a specialized mental health unit. Only calls upon nursing homes with behavioral health units. Least restrictive setting legislation.

• 18 U.S.C code 9222 & 430 ILCS 65/8 - Prohibition of acquisition and possession of firearms under revoked FOID. Federal law prohibiting acquisition. Should there be additional language added to reduce ambiguity that may be interpreted from federal law and state status. There should be clear language in the degree of restriction enforce under both.

• The next recommendation was from ISP suggesting that there just needs to be general legislative clarification or improvement particularly on some of the rules between some federal statutes, and some of the, the state of Illinois statutes. ISP may still review to see if pending litigation. This might be a future meeting topic.

• Recommendation that there is currently no state prohibitors in place for individuals who are wanted by the law, whereas federal perimeters include specifically fugitives from justice. So, there was a recommendation that adding a state inhibitor for this category. Fugitives from justice would be helpful.

• The next recommendation was an update to the firearm concealed, carry act discussing veterans’ facilities specifically. Currently veterans’ facilities follow federal regulations and there's a lack of clarity for veteran's Health Administration facilities as well as qualified examiners and Illinois VA facilities on their reporting requirement.

• The next recommendation was for the Brady handgun violence prevention act. ISP may have said last time that this could be lower priority, or maybe for the future report in 2025.

• One recommendation applies to general clarification needed between federal rules and state rules on firearms parameters.

• The next few in the list those recommendations that aren't necessarily currently in statue anywhere. It's a question of whether they should be added and were.

• The current legislation does not require universities or training programs to include mental health reporting requirements in their curriculum. There is a note that is considered lower priority.

• The next recommendation is that there is not clear statutory language surrounding emergency department reporting and this might be covered under other rules already.

• The next recommendation is that reporting requirements for community and grant funded programs, such as supported residential programs crisis, residential programs and suicide hotlines are unclear.

• The next was that current legislation does not indicate repercussions finds or sanctions for not reporting firearms parameters.

• The final recommendation was that legislation requires adjudicated, mentally disabled outpatient or impatient to be reported to ISP by the courts. It is unclear if the facilities are also supposed to report adjudicated outpatient events

• Timothy Lavery, ICJIA Director of Research, provides that only the official voted recommendation changes may be updated the others will appear in the report.

• Next meeting is Thursday, May 16, 2024 @ 2:00 PM -3:00 pm

• Information regarding the final report

F. Public Comment

• Chairperson, ICJIA Director Delrice Adams/Special Representative asked if there were any public comments, There were none presented.

V. Adjournment:

• Motion: To Adjournment of the meeting at 2:40 PM.

• Motion By: Sharon Shipiniski

• Seconded By: Bob Berlin

https://agency.icjia-api.cloud/uploads/Firearm_Prohibitor_And_Records_Improvement_Minutes_APRIL_18_2024_KA_SH_b525d820ed.pdf