Illinois Association of School Personnel Administrators Conference January 23, 2014 Illinois State Police Division of Administration Bureau of Identification Presenter: Tammi Kestel

Introduction Bureau of Identification History The Bureau of Identification was created after the events that became known as the Saint Valentine’s Day Massacre on February 14, 1929. The Chicago Police Department identified six of the victims, through fingerprints, as members of the O’Banion gang. Supporters of a reform movement used the role fingerprints played in solving this crime to push for a state level identification bureau.

About Us….. Our Location Illinois State Police Bureau of Identification 260 North Chicago Street Joliet, IL 60432 Our Mission Promote public safety by collecting, maintaining, and providing accurate, timely, and complete criminal history information.

Collected/Maintained Access and Review Applicant (Criminal Justice) Arrest (Adult and Juvenile) States Attorney Filing Decision/Arrest Disposition Circuit Clerk Disposition Custodial Receive Custodial Status Change Death Notice Fee Applicant Stop Order (FBI Issued) 20 ILCS 2630

Collect/Process/Not Maintained Fingerprint Inquiries (CJ Agencies) Manual or Electronic (Fax) Name Based Inquiries (CJ Agencies) Uniform Conviction Information Name Based Inquiries (UCIA) Uniform Conviction Information Fingerprint Based Inquiries 20 ILCS 2630

Maintain Criminal History Record Information (CHRI) Database 6,373,351 Subjects 45,476,938 Subject Names Average 7 names per subject Most Common Name James Williams (18,732) occurrences Most alias name occurrences 69 for one individual AFIS 6,176,183 Subjects 61,761,830 Images

Disseminate Conceal Carry Instructors 20 ILCS 2630 Law Enforcement Cemetery Personnel School employees Day/Child care Elderly care Park District employees Local government employment Criminal Justice Employment State Government Employment Nursing Home Residents Children’s Recreational Workers Healthcare workers Massage therapists Public Insurance Adjusters Security Guards School Bus Drivers Loan Originators Locksmiths Gaming Lottery Explosives Conceal Carry Instructors

Criminal Identification Act What is Reportable? Criminal Identification Act 20 ILCS 2630/5     Sec. 5. Arrest reports; expungement.     (a) Arrest reports. All policing bodies of this State shall furnish to the Department, daily, in the form and detail the Department requires, fingerprints and descriptions of all persons who are arrested on charges of violating any penal statute of this State for offenses that are classified as felonies and Class A or B misdemeanors and of all minors of the age of 10 and over who have been arrested for an offense which would be a felony if committed by an adult, and may forward such fingerprints and descriptions for minors arrested for Class A or B misdemeanors.

Flow of Criminal History Reporting Arrest Fingerprint Card States Attorney Filing Decision (Filed, Not Filed, Modified, Added) Circuit Clerk of the Court Disposition (Dismissed, Supervision, Guilty, Adjudicated Delinquent) Custodial Receipt Fingerprint Card (used for incarceration) Custodial Status Change (Discharged, Paroled, Transferred, etc.) This graphic depicts the flow of CHRI in the criminal justice system. Transactions requiring fingerprints are noted with a fingerprint icon.

Uniform Conviction Information Act (20 ILCS 2635) Passed into law on January 1, 1991 The Uniform Conviction Information Act (UCIA) law contains certain provisions the requestor must adhere to Applicant signature required for employment purposes Signature must be retained for 2 years Fingerprint or Name Based Inquiries Electronic or Manual Submissions Response contains Illinois Conviction Information if conviction exists, then all information associated with the conviction will be provided if there is no conviction, then no information is provided Name Based are searched on a soundex routine that used the last name (sounds like) + first letter of first name (exact letter in any master or alias) + date of birth (exact match in any master or alias) What is a false positive or false negative Fingerprint based submissions are searched on prints only In accordance with the Illinois Identify Protection Act, this type of submission will no longer receive any social security information on the response, unless specifically allowed by statute.

Fee Applicant Authorized by state and federal statutes Retained on state CHRI database Facilitates subsequent automatic notifications from ISP that are free of charge Used to access state and FBI criminal record databases FBI is planning to offer a similar program (Rap Back) in the future Submitted electronically (live scan)

Name Based vs. Fingerprint Based Inquiries Name Based Inquiries Based upon personal identifiers Not positive identification May produce multiple hits Personal identifiers used can be manipulated resulting in a false “no hit” response Alias names, common names, or maiden names can result in false “hit” or “no hit” responses Are not accepted by the FBI Fingerprint inquiries Allow a biometric search of the AFIS database Provide positive identification (No multiple hits) Fingerprint patterns don’t change and are not easily altered Quick recap to ensure participants understand the differences in the searches. UCIA Name based UCIA Fingerprint and Fee Applicant

ISP vs. FBI Responses ISP Responses FBI Responses ISP disseminates conviction data only in response to most non-criminal justice submissions FBI Responses FBI disseminates conviction as well non-conviction data in response to non-criminal justice submissions

Fee Applicant Submission Response Types Fee Applicant Submission UCIA Fingerprint UCIA Name Checks Hit No Record In Process (Pending disposition) Multiple Hit Rejected Fatal Error Review each item on the chart

Common Questions Regarding Responses Why are Local Ordinances and Class C Misdemeanors missing from the response? They are not mandated to be reported to ISP Why do I receive different information on the FBI and ISP rap-sheets? FBI and ISP rap-sheets may not contain the same data Federal Charges Information Removed/Deleted Access and Review Juvenile Arrest An applicant discloses a conviction but it does not appear on the rap-sheet, why is that? Information not reported to ISP Record has been expunged or sealed

Response Times Average State and FBI Response Times 24 to 48 hours ‘Hit’, ‘No Record’, ‘In Process’, and ‘Multi-hit’ Notifications Not including printed responses ‘In Process’ responses due to pending dispositions Approximately 30 days ISP Response Re-dissemination Time Limits UCIA 30 Days Fee Applicant 90 Days Review what time limits affect each response type Emphasize that the 30 day and 90 day re-dissemination limits

Expungement/Sealing With No Prior Convictions (In/Out of State) Expungeable Majority Non-Convictions With No Prior Convictions (In/Out of State) Sealable Most Misdemeanor Convictions and certain Class “4” felony convictions Prostitution Cannabis Control Act Controlled Substances Act Steroid Control Act Methamphetamine Control Act

Sex Offender Registration in Illinois Illinois Sex Offender Database Background check submissions do not include an inquiry into the Sex Offender Registry (SOR) Information can be obtained at http://www.isp.state.il.us/sor/ and must be checked by the requestor National Sex Offender Database Information can be obtained via the United States Department of Justice (National Sex Offender Public Registry) Can be accessed at: www.nsopr.gov Missing Sex Offender Database IDOC Sex Offender Database

Fee Schedule Submission Type Manual/Paper Form Electronic/Live scan Resubmission Fee Fee Applicants (fees effective March 19, 2012) State Only $20.00 $15.00 $10.00 FBI Only $16.50 State & FBI $36.50 $31.50 VCA and AWV* FBI N/A VCA and AWV Full Set $28.00 Uniform Conviction Information Act Requests (fees effective July 1, 2004) Name-based Inquiry $16.00 Fingerprint Card Announce the FBI fee change effective 3/19/2012 * National Child Protection Act/Volunteers for Children Act and Adam Walsh Act Volunteers

Helpful Web Information Illinois State Police Home Page www.isp.state.il.us Order Forms Online www.isp.state.il.us/services/uciaformreq.cfm Guide to Understanding Criminal History Record Information www.isp.state.il.us/media/docdetails.cfm?DocID=508 Electronic Conviction Inquiries Information www.isp.state.il.us/services/convictioninquiries.cfm Live scan Information www.isp.state.il.us/crimhistory/Live scan.cfm Sex Offender Registry www.isp.state.il.us/sor/ Missing Sex Offenders http://www.isp.state.il.us/missingsor/missingsor.cfm Child Murderer and Violent Offender Registry www.isp.state.il.us/cmvo/ Convicted Methamphetamine Manufacturer Registry www.isp.state.il.us/meth/

Helpful Web Information Other Illinois Sites Entrust Enrollment https://autora02.cmcf.state.il.us Illinois General Assembly www.ilga.gov Illinois Department of Corrections Sex Offender Registry www.idoc.state.il.us/subsections/so_search/default.asp

Helpful Web Information Additional Web Sites Federal Bureau of Investigation www.fbi.gov FBI Name Checks www.fbi.gov.hq/cjisd/namcheckfaqs.pdf National Sex Offender Registry www.nsopr.gov

Helpful Web Information Brochures and Information from the Illinois State Police Live Scan Technology for Non-Criminal Justice Use brochure www.isp.state.il.us/media/docdetails.cfm?DocID=787 Viewing and Challenging Criminal History Record Information www.isp.state.il.us/crimhistory/viewingchrircds.cfm

Customer Support Hours: Monday – Friday 8:00am – 4:00pm Customer Support Contact Information Hours: Monday – Friday 8:00am – 4:00pm Phone: (815) 740–5160 email: boi_customer_support@isp.state.il.us Please note the Customer Support representative’s first name

My Contact Information Ms. Tammi Kestel Ph. (815)740-5379 Fax (815)740-5174 Tammi_Kestel@isp.state.il.us

Questions Thank You!