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Illinois General Assembly· SB 3006Governor Approved

FATALITY REVIEW ACT, the official text

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SB3006 Enrolled                     LRB104 17917 JRC 31353 b

1   AN ACT concerning domestic violence.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Domestic Violence Fatality Review Act is

5 amended by changing Sections 35, 40, and 65 as follows:

6   (750 ILCS 62/35)

7   Sec. 35. Statewide Committee quorum; meetings;

8 compensation.

9   (a) A quorum shall consist of a simple majority 7 of the

10 voting members of the Statewide Committee.

11  (b) The first meeting of the Statewide Committee shall

12 occur by January 15, 2022. At the first meeting and at

13 subsequent meetings when terms expire, the voting members

14 shall elect 2 co-chairs and a secretary from among the voting

15 members and may elect any other officers and other officers

16 the voting members deem necessary to carry out the duties and

17 responsibilities of the Statewide Committee.

18  (c) The Statewide Committee shall meet at least quarterly

19 each State fiscal year. Additional meetings may be called by

20 the co-chairs, after at least 7 days prior notice to the

21 Statewide Committee members, or upon a written request signed

22 by at least 5 Statewide Committee members to the co-chairs for

23 a meeting request. Meetings may be held by a virtual meeting
    SB3006 Enrolled              -2-      LRB104 17917 JRC 31353 b

1 format during a public health emergency or disaster

2 proclamation declared by the Governor, or at the discretion of

3 the co-chairs.

4   (d) The meetings of the Statewide Committee are subject to

5 the Open Meetings Act, except the following shall occur in

6 closed executive sessions not subject to the requirements of

7 the Open Meetings Act:

8   (1) discussions about personnel matters, confidential

9   information as defined by Section 5, or cases eligible for

10  review under Section 70; and

11  (2) conducting a domestic violence fatality review.

12  (e) The members shall receive no compensation for their

13 service as members of the Statewide Committee, but may receive

14 reimbursement for actual expenses incurred in the performance

15 of their duties, subject to the availability of funds for that

16 purpose.

17 (Source: P.A. 102-520, eff. 8-20-21.)

18  (750 ILCS 62/40)

19  Sec. 40. Duties and responsibilities of the Statewide

20 Committee.

21  (a) The Statewide Committee shall carry out the following

22 duties and responsibilities:

23  (1) Subject to available funds, hire or assign a

24  full-time Program Manager to carry out the duties and

25  responsibilities of the Statewide Committee and the
    SB3006 Enrolled  -3-                LRB104 17917 JRC 31353 b

1   purposes of this Act. The Program Manager may hire

2   additional staff, subject to the availability of funds for

3   that purpose and subject to the approval of the Board. The

4   Statewide Committee and regional review teams can operate

5   without an acting Program Manager.

6   (2) Establish and maintain an Internet website.

7   (3) Prepare an annual budget that includes

8   compensation for the Program Manager and staff, and

9   financial reimbursement to regional review team members or

10  teams for actual expenses incurred in the performance of

11  their duties, subject to the availability of funds for

12  that purpose.

13  (4) Facilitate the establishment and implementation of

14  regional review teams across the State over 6 years after

15  the effective date of this Act and collaboratively develop

16  regional implementation plans and procedures.

17  (5) Provide training and ongoing technical assistance

18  to regional review teams.

19  (6) Conduct, or assist in conducting, regional

20  domestic violence fatality reviews if requested by

21  regional review teams in specific cases.

22  (7) Develop model confidentiality agreement, policies,

23  and procedures for the use of regional review teams.

24  (8) Develop guidelines for the annual and biennial

25  reports of the Statewide Committee and the regional review

26  teams pursuant to this Section and Section 65.
    SB3006 Enrolled  -4-  LRB104 17917 JRC 31353 b

1   (9) Appoint the initial members of each regional

2   review team in accordance with Section 50 or designate a

3   founding member of a regional review team to form the

4   remainder of the regional review team in accordance with

5   Section 50, unless the regional review team has been

6   formed prior to the effective date of this Act or elects to

7   form without the involvement of the Statewide Committee.

8   (10) Create a process whereby the Statewide Committee

9   shall annually officially recognize regional review teams

10  that are formed and operated in substantial compliance

11  with the requirements of this Act, and nonrecognize those

12  regional review teams that are substantially out of

13  compliance after reasonable efforts are made by the

14  Statewide Committee to engage the regional review team's

15  co-chairs and other regional stakeholders to facilitate

16  corrective actions to bring the regional review team into

17  substantial compliance. A nonrecognized regional review

18  team no longer has the authority to operate under this

19  Act, however, nonrecognition would not preclude the

20  formation of a new regional review team for the affected

21  region.

22  (11) Review, analyze, maintain, and securely store

23  regional review team reports and recommendations submitted

24  by each regional review team as required by Section 65.

25  (12) File an annual report with the Governor and the

26  General Assembly on the operations and activities of the
    SB3006 Enrolled              -5-  LRB104 17917 JRC 31353 b

1   Statewide Committee and of the regional review teams. The

2   first report shall be due no later than March 1, 2023, and

3   each subsequent report shall be due no later than

4   September March 1 of each year thereafter. The annual

5   report shall be made publicly available on the Statewide

6   Committee's Internet website.

7   (13) In even numbered years, file a substantive

8   biennial report reviewing and analyzing the data and

9   recommendations collected from the reports of the regional

10  review teams. The biennial report shall include specific

11  recommendations for legislative, systemic, policy, and any

12  other changes to reduce domestic violence and domestic

13  violence related fatalities and near-fatalities. The first

14  report shall be due no later than April 1, 2024, and each

15  subsequent report shall be due no later than April 1 of

16  each even year thereafter. The biennial report shall be

17  made publicly available on the Statewide Committee's

18  Internet website.

19  (b) The Statewide Committee may carry out the following

20 duties and responsibilities:

21  (1) After a vote by the majority of the voting

22  Statewide Committee members or a decision by the

23  co-chairs, establish one or more subcommittees or task

24  forces to address specific issues regarding domestic

25  violence,        domestic    violence  fatalities  and

26  near-fatalities, domestic violence fatality review, or
    SB3006 Enrolled           -6-    LRB104 17917 JRC 31353 b

1   other related issues or subject matters, and may invite

2   nonmembers with expertise on the issue or subject matter

3   to serve on the subcommittee or task force. Each

4   subcommittee or task force shall be chaired by a member of

5   the Statewide Committee.

6   (2) Advise the Governor and General Assembly on

7   domestic violence, domestic violence fatalities and

8   near-fatalities, domestic violence fatality review, data,

9   and related topics or policies.

10  (3) Engage nonmember stakeholders in reviewing

11  selected recommendations from the regional review teams in

12  accordance with notions of fairness, equity, justice, due

13  process, and practicality.

14  (4) Analyze data and identify trends related to

15  domestic violence and domestic violence related fatalities

16  and near-fatalities, and develop mechanisms for

17  collecting, analyzing, and storing data that it collects

18  or that is provided by the regional review teams.

19  (5) Adopt administrative rules in order to implement

20  this Act.

21  (6) Subject to the availability of funding and

22  approval by a vote of the majority of the Statewide

23  Committee members, engage with and enter into contracts

24  with a higher education institution or research entity for

25  research, analysis, training, and educational purposes in

26  furtherance of the purposes of this Act. Statewide
    SB3006 Enrolled        -7-             LRB104 17917 JRC 31353 b

1   Committee members or Statewide Committee staff shall not

2   share information with contractors that would disclose the

3   identities of victims, survivors, deceased, offenders, and

4   their family members or by which their identities can be

5   determined by a reasonably diligent inquiry.

6   (7) Support the implementation of systemic and

7   community reform recommendations in order to advance the

8   purposes of this Act.

9   (8) Adopt notice of funding opportunities, award

10  grants, or enter into contracts with statewide or local

11  organizations that advocate on behalf of survivors.

12  (9) Assign any responsibilities under this Section.

13  (10) Engage in any other activities that enable the

14  Statewide Committee, its staff, and the regional review

15  teams to carry out the purposes of this Act.

16 (Source: P.A. 102-520, eff. 8-20-21.)

17  (750 ILCS 62/65)

18  Sec. 65. Duties and responsibilities of the regional

19 domestic violence fatality review team.

20  (a) Each regional review team shall carry out the

21 following duties and responsibilities:

22  (1) Form a regional review team in accordance with

23  Sections 50 and 55.

24  (2) Report the names, professional titles, if

25  applicable, and business contact information of each
    SB3006 Enrolled   -8-       LRB104 17917 JRC 31353 b

1   review team member to the Statewide Committee and inform

2   the Statewide Committee in a timely manner of any changes

3   to the membership of the regional review team.

4   (3) Create a secure system of maintaining and storing

5   minutes, correspondence, and confidential information

6   related to the regional review team and the domestic

7   violence fatality reviews.

8   (4) Ensure that each member of the regional review

9   team participates in trainings and technical assistance

10  provided by the Statewide Committee and other

11  professionals.

12  (5) Meet at least quarterly and maintain minutes of

13  the business conducted by the regional review team at each

14  meeting.

15  (6) Establish priorities for reviewing eligible cases

16  that consider, in part, demographic and case type

17  diversity.

18  (7) Based upon information available from a variety of

19  sources, consider cases eligible for review in accordance

20  with Section 70.

21  (8) Vote by a majority of the regional review team

22  members to review a specific case based upon various

23  factors, including the priorities by the regional review

24  team.

25  (9) Invite and coordinate with the specific people

26  designated in Section 50 who were involved in the selected
    SB3006 Enrolled  -9-                LRB104 17917 JRC 31353 b

1   domestic violence related fatality or near-fatality to

2   participate in the domestic violence fatality review.

3   Members of the regional review team may also participate

4   directly in the domestic violence fatality review.

5   (10) Execute a confidentiality agreement with each

6   member of the regional review team and participant of a

7   domestic violence fatality review in accordance with

8   Section 75.

9   (11) Conduct a domestic violence fatality review of at

10  least 2 eligible cases per calendar year, or, if the

11  regional review team is unable to complete at least 2

12  reviews in a given year, provide an explanation to the

13  Statewide Committee in the regional review team's annual

14  report pursuant to paragraph (12).

15  (12) Prepare and submit an annual report to the

16  Statewide Committee on the operations and activities of

17  the regional review team in accordance with guidelines

18  established by the Statewide Committee. The initial report

19  shall be due on March 1 following the formation of the

20  regional review team and subsequent reports shall be

21  submitted no later than March 1 of each year thereafter.

22  (13) On odd numbered years, prepare and submit to the

23  Statewide Committee a biennial report based upon the

24  domestic violence fatality reviews of the corresponding

25  time period. The biennial report shall include specific

26  recommendations for legislative, systemic, policy, and any
    SB3006 Enrolled              - 10 - LRB104 17917 JRC 31353 b

1   other changes to reduce domestic violence and domestic

2   violence related fatalities and near-fatalities. These

3   recommendations will be reviewed by the Statewide

4   Committee according to Section 40 and will, in part,

5   inform the Statewide Committee's biennial report on even

6   years. Any information that identifies the victims,

7   survivors, deceased, or offenders, or their family members

8   or any information by which their identities can be

9   determined by a reasonably diligent inquiry shall not be

10  disclosed in any domestic violence fatality review

11  biennial report or by any other means. Any narrative of

12  nonidentifying facts will be limited to those essential

13  and indispensable to the explanation of data analysis or a

14  recommendation for reform. Aggregate and nonidentifying

15  data, including demographics, may be included in the

16  biennial report. The first biennial report shall be due no

17  later than April 1, 2023, and each subsequent report shall

18  be due no later than June April 1 of each odd year

19  thereafter.

20  (b) Each regional review team may carry out the following

21 duties and responsibilities:

22  (1) Collect and analyze data from its regional area

23  regarding cases eligible for review that were and were not

24  reviewed by the regional review team for purposes of

25  identifying patterns and making recommendations for

26  community and systemic reforms.
    SB3006 Enrolled        - 11 - LRB104 17917 JRC 31353 b

1   (2) Subject to the availability of funding and

2   approval by a vote of the majority of the regional review

3   team members, engage with and enter into contracts with a

4   higher education institution or research entity for

5   research, analysis, training, and educational purposes in

6   furtherance of the purposes of this Act. Regional review

7   team members shall not share information with contractors

8   that would disclose the identities of victims, survivors,

9   deceased, offenders, and their family members or by which

10  their identities can be determined by a reasonably

11  diligent inquiry.

12  (3) Seek funds to support the operations of the

13  regional review team and the facilitation of domestic

14  violence fatality reviews.

15  (4) Support the implementation of systemic and

16  community reform recommendations in order to advance the

17  purposes of this Act.

18  (5) Engage in any other activities that enable the

19  regional review team to carry out the purposes of this

20  Act.

21 (Source: P.A. 102-520, eff. 8-20-21.)
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