TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.10 DEFINITIONS
Section 500.10 Definitions
"Act" − State
Appellate Defender Act [725 ILCS 105].
"Commission" −
State Appellate Defender Commission.
"Expungement" −
A court order issued pursuant to Section 5 of the Criminal Identification Act
[20 ILCS 2630].
"Expungement Unit"
− The division of the Office of the State Appellate Defender delegated
responsibilities for the expungement program authorized by Section 11 of the
Criminal Identification Act and Section 10.6 of the Act.
"Office of the State
Appellate Defender" or "Office" − The State agency created
under Section 3 of the Act.
"State Appellate
Defender" − The officer appointed by the Supreme Court under Section
5 of the Act. This individual is the chief administrative officer of the Office.
When responsibilities are delegated by the State Appellate Defender to the
Deputy Defender or Assistant Appellate Defender or any other employee of the
Office, the term "State Appellate Defender" includes those
individuals, with respect to their delegated authorities.
"Supreme Court" − Illinois State Supreme Court.
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.20 OFFICE OF THE STATE APPELLATE DEFENDER
Section 500.20 Office of the State Appellate Defender
a) Creation
of the Office
The Office of the State
Appellate Defender is created by Section 3 of the State Appellate Defender Act.
b) The
State Appellate Defender
1) Appointment of the
State Appellate Defender
A) The
Illinois Supreme Court, by a majority vote, shall appoint the State Appellate
Defender to serve a term of four years and until his or her successor is
appointed and qualified. (Section 5(a) of the Act)
B) The
State Appellate Defender must be an attorney licensed to practice law in Illinois and shall devote full time to the duties of the office. The person appointed as
State Appellate Defender shall not engage in the private practice of law while
holding that position. (Section 5(a) of the Act)
2) Removal
of the State Appellate Defender
The Supreme
Court may remove the State Appellate Defender only for cause and after a
hearing. The Supreme Court may hold a hearing for this purpose on its own
motion or upon a motion by the Commission and may adopt rules establishing
other procedures for the hearing. (Section 5(b) of the Act)
c) Organization
of the Office of the State Appellate Defender
1) District
Offices
The State Appellate Defender
shall establish an office in each judicial district. (Section 9(a) of the
Act) The State Appellate Defender may establish other offices to aid in the
discharge of his or her duties.
2) Deputy
Defenders
A) The
State Appellate Defender shall appoint a Deputy Defender for each district.
Deputy Defenders shall serve at the pleasure of the State Appellate Defender.
B) The
District Deputy Defender shall serve as the administrator of the district
office. Each appointment of a Deputy Defender must be approved by a majority
of the appellate court judges of the judicial district and must be an attorney
licensed to practice law in Illinois.
C) Deputy
Defenders shall employ, with the approval of the State Appellate Defender,
Assistant Appellate Defenders, investigators, clerical and other employees
under their direct supervision. District Office personnel include Supreme
Court Unit, Capital Post Conviction Unit and Capital Trial Assistance Unit
employees.
D) Attorneys
employed by a Deputy Defender shall devote full time to their duties and may
not engage in the private practice of law. (Section 9(b), (d) and (e) of
the Act)
3) Staff
of the Office of the State Appellate Defender
A) The
staff of the State Appellate Defender may consist of additional attorneys
licensed to practice law in Illinois who serve as Assistant Appellate
Defenders. Attorneys employed by the State Appellate Defender shall
devote full time to their duties and may not engage in the private practice of
law.
B) The
State Appellate Defender may appoint administrative, investigative and clerical
employees necessary to discharge the duties of the Office. (Section 9(c)
of the Act) These Office personnel may include Deputy State Appellate
Defenders, Deputy Defenders and Assistant Defenders in non-District offices,
and the Chief Fiscal Officer/Human Resources Director, Legislative Liaison,
Information Technology Directory, Director of Support Services, Senior
Administrative Assistant and Expungement Staff (see Subpart D).
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.30 STATE APPELLATE DEFENDER COMMISSION
Section 500.30 State Appellate Defender Commission
a) Purpose
Section 4 of the Act creates the
State Appellate Defender Commission to advise the State Appellate Defender.
Subject to the rules of the Supreme Court, the Commission may recommend policies
for the operation of the Office.
b) Composition
a) The
Commission is comprised of 9 uncompensated members. (Section 4(a) and (d)
of the Act)
b) The
9 members shall be appointed as follows:
1) The
Governor shall appoint one member who shall be designated by the Governor to
serve as the Commission Chair.
2) The
Supreme Court shall appoint one member.
3) Each
of the 5 Appellate Courts shall each appoint one member.
4) The
Supreme Court shall appoint one member from a panel of 3 persons nominated by
the Illinois State Bar Association.
5) The
Governor shall appoint one member from a panel of 3 persons nominated by the Illinois Public Defender Association. (Section 4(a) of the Act)
c) Terms
of Office
Commission
members serve a term of 6 years and until a successor is appointed and
qualified. (Section 4(a) of the Act)
d) Other
Officers
Members of the Commission
elect a Vice-Chair and Secretary from among their membership. (Section 4(c)
of the Act)
e) Meetings
The
Commission shall meet once every six months. Four members constitute a quorum. (Section
4(c) and (e) of the Act)
f) Powers
and Duties of the Commission
The Commission:
1) Shall
approve or modify an operational budget submitted to it by the State Appellate
Defender and set the number of employees each year.
2) May,
for reasonable grounds, recommend to the Supreme Court the removal of the State
Appellate Defender.
3) Shall
exercise other powers and duties as the Supreme Court by rule may provide.
4) Shall receive from
the State Appellate Defender:
A) at
each semiannual meeting, a report on the operation of the Office;
B) at
the end of the fiscal year, a comprehensive report; and
C) any
other additional or amended report on any phase of the operation of the Office
that the Commission requires. (Section 6 of the Act)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.40 POWERS AND DUTIES OF THE STATE APPELLATE DEFENDER
Section 500.40 Powers and Duties of the State Appellate
Defender
a) The
State Appellate Defender shall represent indigent persons on appeal in criminal
and delinquent minor proceedings when appointed to do so by a court under a
Supreme Court Rule or law of Illinois. (Section 10(a) of the Act)
b) The
State Appellate Defender shall submit a budget for approval by the State
Appellate Defender Commission. (Section 10(b) of the Act)
c) The State Appellate
Defender may:
1) Maintain
a panel of private attorneys to serve as counsel on a case basis. The State
Appellate Defender may also, by competitive bid, contract for the services of
attorneys in non-death penalty criminal appeals.
2) Establish
programs, alone or in conjunction with law schools, to utilize volunteer law
students as legal assistants.
3) Cooperate
and consult with State agencies, professional associations and other groups
concerning the causes of criminal conduct, the rehabilitation and correction of
persons charged with and convicted of crime, the administration of criminal
justice and, in counties of less than 1,000,000 population, study, design,
develop and implement model systems for the delivery of trial level defender
services, and make an annual report to the General Assembly.
4) Hire
investigators to provide investigative services to appointed counsel and county
public defenders.
5) In
cases in which a death sentence is an authorized disposition, provide trial
counsel with the assistance of expert witnesses, investigators and mitigation
specialists from funds appropriated to the State Appellate Defender
specifically for that purpose. The Office shall not be appointed to serve as
trial counsel in capital cases.
6) Develop a Juvenile Defender Resource Center to:
A) study, design, develop and implement model
systems for the delivery of trial level defender services for juveniles in the
justice system;
B) in cases in which a sentence of incarceration
or an adult sentence, or both, is an authorized disposition, provide trial
counsel with legal advice and the assistance of expert witnesses and
investigators from funds appropriated specifically for that purpose;
C) develop and provide training to public
defenders on juvenile justice issues, utilizing resources including the State
and local bar associations, the Illinois Public Defender Association, law
schools, the Midwest Juvenile Defender Center, and pro bono efforts by law
firms. (Sections 10(c) and 10.5(a) of the Act)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.50 STATE APPELLATE DEFENDER ADDRESSES
Section 500.50 State Appellate Defender Addresses
a) The State Appellate
Defender maintains an administrative office at:
Office of the State Appellate
Defender
400 West Monroe St., Suite 202
P.O. Box 5240
Springfield IL 62705-5240
217/782-7203
Email: osad@osad.state.il.us
Website:
www.state.il.us/defender/
b) The State Appellate
Defender maintains the following District Offices:
First
Judicial District:
203
N. LaSalle St., 24th Fl.
Chicago
IL 60601
312/814-5472
Email: 1stDistrict@osad.state.il.us
Second
Judicial District:
One
Douglas Ave.
2nd
Floor
Elgin
IL 60120
847/695-8822
Email: 2ndDistrict@osad.state.il.us
Third
Judicial District:
1100
Columbus St.
Ottawa
IL 61350
815/434-5531
Email: 3rdDistrict@osad.state.il.us
Fourth
Judicial District
400
West Monroe St., 3rd Fl.
Springfield IL 62704
217/782-3654
Email: 4thDistrict@osad.state.il.us
Fifth
Judicial District
909 Water
Tower Circle
Mt.
Vernon IL 62864
618/244-8471
Email: 5thDistrict@osad.state.il.us
c) The
Office's Supreme Court Unit is located at:
400
West Monroe St., 3rd Fl.
Springfield IL 62704
217/782-1989
Email:
scu@osad.state.il.us
d) The
Office's Capital Trial Assistance Unit is located at:
20
North Clark St., 28th Fl.
Chicago
IL 60602
312/793-2056
Email: ctau@osad.state.il.us
e) The
Office's Capital Post-Conviction Unit is located at:
20
North Clark St., 28th Fl.
Chicago
IL 60602
312/814-5100
cpc@osad.state.il.us
f) The
Office's Expungement Unit can be reached at:
P.O.
Box 5240
Springfield IL 62705-5240
Toll-Free:
866/431-4907
Fax:
217/782-5385
Email:
Expungement.Springfield@osad.state.il.us
or:
P.O.
Box 64895
Chicago IL 60664-0895
Toll-Free:
866/787-1776
Fax:
312/793-2278
Email:
Expungement.Chicago@osad.state.il.us
SUBPART B: RULEMAKING
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.100 RULEMAKING AUTHORITY AND PROCEDURES - FOIA
Section
500.100 Rulemaking Authority and Procedures − FOIA
The Illinois Administrative Procedure Act (IAPA) [5 ILCS
100] requires that every State agency adopt rules describing its organization
and the procedures by which the public can obtain information or make
submissions or requests on subjects, programs and activities of the agency.
Agencies are also to adopt through IAPA rulemaking procedures every policy of
the agency that affects any person outside the agency. The State Appellate
Defender will, when necessary, adopt rules in accordance with the IAPA.
SUBPART C: ACCESS TO RECORDS OF THE OFFICE OF THE STATE APPELLATE DEFENDER
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.200 SUMMARY AND PURPOSE
Section 500.200 Summary and Purpose
a) This
Part states the policy of the Office of the State Appellate Defender (OSAD) for
making its records available for reasonable public inspection while, at the
same time, protecting legitimate interests in confidentiality.
b) This Part:
1) Establishes
the following classifications for records in OSAD's possession:
A) Records
that shall be disclosed; and
B) Records
that shall be withheld from disclosure.
2) Contains
the procedures by which requesters may obtain records in OSAD's possession; and
3) Contains
the procedures for claiming and determining that records submitted to OSAD are
exempt from disclosure.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.205 DEFINITIONS
Section 500.205 Definitions
Terms not defined in this Section shall have the same
meaning as in the Freedom of Information Act [5 ILCS 140]. The following
definitions are applicable for purposes of this Part:
"Act"
means the State Appellate Defender Act [725 ILCS 105].
"Commercial purpose"
means the use of any part of a record or records, or information derived from
records, in any form for sale, resale, or solicitation or advertisement for
sales or services. For purposes of this definition, requests made by news
media and non-profit, scientific, or academic organizations shall not be
considered to be made for a "commercial purpose" when the principal
purpose of the request is:
to access
and disseminate information concerning news and current or passing events;
for
articles of opinion or features of interest to the public; or
for the
purpose of academic, scientific, or public research or education. (Section
2(c-10) of FOIA)
"Copying" means the
reproduction of any record by means of any photographic, electronic,
mechanical, or other process, device or means now known or hereafter developed
and available to OSAD. (Section 2(d) of FOIA)
"Director"
means the State Appellate Defender.
"FOIA"
means the Freedom of Information Act [5 ILCS 140].
"Freedom
of Information Officer" or "FOI Officer" means an individual or
individuals responsible for receiving and responding to requests for public
records.
"News media" means a
newspaper or other periodical issued at regular intervals, news service in
paper or electronic form, radio station, television station, television
network, community antenna television service, or person or corporation engaged
in making news reels or other motion picture news for public showing.
(Section 2(f) of FOIA)
"OSAD" means the Office
of the State Appellate Defender.
"Person" means any
individual, corporation, partnership, firm, organization or association, acting
individually or as a group. (Section 2(b) of FOIA)
"Private information"
means unique identifiers, including a person's Social Security number, driver's
license number, employee identification number, biometric identifiers, personal
financial information, passwords or other access codes, medical records, home
or personal telephone numbers, and personal email addresses. Private information
also includes home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of attribution to any
person. (Section 2(c-5) of FOIA)
"Public Access Counselor"
means an individual appointed to that office by the Attorney General under
Section 7 of the Attorney General Act [15 ILCS 205].
"Public body" means
all legislative, executive, administrative, or advisory bodies of the State,
State universities and colleges, counties, townships, cities, villages,
incorporated towns, school districts and all other municipal corporations,
boards, bureaus, committees or commissions of this State, any subsidiary bodies
of any of the foregoing, including but not limited to committees and
subcommittees thereof, and a School Finance Authority created under Article 1E
of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)
"Records" means all
records, reports, forms, writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic data processing
records, electronic communications, recorded information and all other
documentary materials pertaining to the transaction of public business,
regardless of physical form or characteristics, having been prepared by or for,
or having been or being used by, received by, in the possession of or under the
control of OSAD. (Section 2(c) of FOIA)
"Requester" is any
person who has submitted to OSAD a written request, electronically or on paper,
for records.
"Unwarranted invasion of
personal privacy" means the disclosure of information that is highly
personal or objectionable to a reasonable person and in which the subject's
right to privacy outweighs any legitimate public interest in obtaining the
information. (Section 7(1)(c) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.210 RECORDS THAT WILL BE DISCLOSED
Section 500.210 Records that Will Be Disclosed
Upon request meeting the requirements of this Part, OSAD will
disclose to the requester all records requested except that it will not
disclose certain records as provided in Section 500.215 or 500.220. Records
covered under this Section shall include, but are not limited to:
a) Records
of funds. All records relating to the obligation, receipt and use of public
funds of OSAD are records subject to inspection and copying by the public. (Section
2.5 of FOIA)
b) Payrolls.
Certified payroll records submitted to OSAD under Section 5(a)(2) of the
Prevailing Wage Act [820 ILCS 130] are records subject to inspection and
copying in accordance with the provisions of FOIA; except that contractors' and
employees' addresses, telephone numbers, and Social Security numbers will be
redacted by OSAD prior to disclosure. (Section 2.10 of FOIA)
c) Criminal
history records.
1)
The following documents maintained by OSAD pertaining to criminal history
record information are records subject to inspection and copying by the public
pursuant to FOIA:
A) Court
records that are public;
B) Records
that are otherwise available under State or local law; and
C) Records
in which the requesting party is the individual identified, except as provided
under Section 500.215(a)(5)(F) of this Part. (Section 2.15(b) of FOIA)
2) Arrest
records that are confidential under the Juvenile Court Act of 1987 are exempt
from disclosure. (Section 2.15(b) of FOIA)
d) Settlement
agreements. All settlement agreements entered into by or on behalf of OSAD are
records subject to inspection and copying by the public, provided that
information exempt from disclosure under Section 500.215 or 500.220 of this
Part may be redacted. (Section 2.20 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.215 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 500.215 Records that Will Be Withheld from
Disclosure
When a request is made to
inspect or copy a record that contains information that is otherwise exempt
from disclosure under this Section, but also contains information that is not
exempt from disclosure, OSAD will make the remaining information available for
inspection and copying. (Section 7(1) of FOIA)
a) Subject
to this requirement and Section 7 of FOIA, the following shall be exempt from
inspection and copying:
1) Information
specifically prohibited from disclosure by federal or State law or rules and
regulations implementing federal or State law; (Section 7(1)(a) of FOIA)
2) Private
information, unless disclosure is required by another provision of FOIA, a
State or federal law or a court order; (Section 7(1)(b) of FOIA)
3) Files,
documents, and other data or databases maintained by one or more law
enforcement agencies and specifically designed to provide information to one or
more law enforcement agencies regarding the physical or mental status of one or
more individual subjects; (Section 7(1)(b-5) of FOIA)
4) Personal
information contained within records, the disclosure of which would constitute
a clearly unwarranted invasion of personal privacy, unless the disclosure is
consented to in writing by the individual subjects of the information.
"Unwarranted invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a reasonable person and
in which the subject's right to privacy outweighs any legitimate public
interest in obtaining the information. The disclosure of information that
bears on the public duties of public employees and officials shall not be
considered an invasion of personal privacy; (Section 7(1)(c) of FOIA)
5) Records
in the possession of any public body created in the course of administrative
enforcement proceedings, and any law enforcement or correctional agency for law
enforcement purposes, but only to the extent that disclosure would:
A) Interfere
with pending or actually and reasonably contemplated law enforcement
proceedings conducted by any law enforcement or correctional agency that is the
recipient of the request;
B) Interfere
with active administrative enforcement proceedings conducted by the public body
that is the recipient of the request;
C) Create
a substantial likelihood that a person will be deprived of a fair trial or an
impartial hearing;
D) Unavoidably
disclose the identity of a confidential source, confidential information
furnished only by the confidential source, or persons who file complaints with
or provide information to administrative, investigative, law enforcement, or
penal agencies; except that OSAD will provide traffic accident reports, the
identities of witnesses to traffic accidents, and rescue reports, except when
disclosure would interfere with an active criminal investigation;
E) Disclose
unique or specialized investigative techniques other than those generally used
and known, or disclose internal documents of correctional agencies related to
detection, observation or investigation of incidents of crime or misconduct,
and disclosure would result in demonstrable harm to OSAD;
F) Endanger
the life or physical safety of law enforcement personnel or any other person;
or
G) Obstruct
an ongoing criminal investigation by OSAD; (Section 7(1)(d) of FOIA)
6) Records
that relate to or affect the security of correctional institutions and
detention facilities; (Section 7(1)(e) of FOIA)
7) Preliminary
drafts, notes, recommendations, memoranda and other records in which opinions
are expressed, or policies or actions are formulated, except that a specific
record or relevant portion of a record shall not be exempt when the record is
publicly cited and identified by the head of OSAD. The exemption provided in
this subsection (a)(7) extends to all those records of officers and
agencies of the General Assembly that pertain to the preparation of legislative
documents; (Section 7(1)(f) of FOIA)
8) Trade
secrets and commercial or financial information obtained from a person or
business where the trade secrets or commercial or financial information are
furnished under a claim that they are proprietary, privileged or confidential,
and that disclosure of the trade secrets or commercial or financial information
would cause competitive harm to the person or business, and only insofar as the
claim directly applies to the records requested. All trade secrets and
commercial or financial information obtained by a public body, including a
public pension fund, from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as a result of either
investing or evaluating a potential investment of public funds in a private
equity fund. The exemption contained in this subsection (a)(8) does not
apply to the aggregate financial performance information of a private equity
fund, nor to the identity of the fund's managers or general partners. The
exemption contained in this subsection (a)(8) does not apply to the
identity of a privately held company within the investment portfolio of a
private equity fund, unless the disclosure of the identity of a privately held
company may cause competitive harm. Nothing in this subsection (a)(8) shall
be construed to prevent a person or business from consenting to disclosure; (Section
7(1)(g) of FOIA)
9) Proposals
and bids for any contract, grant, or agreement, including information that if
it were disclosed would frustrate procurement or give an advantage to any
person proposing to enter into a contract or agreement with the body, until an
award or final selection is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an award or final
selection is made; (Section 7(1)(h) of FOIA)
10) Valuable
formulae, computer geographic systems, designs, drawings and research data
obtained or produced by OSAD when disclosure could reasonably be expected to
produce private gain or public loss. The exemption for "computer
geographic systems" provided in this subsection (a)(10) does not
extend to requests made by news media as defined in Section 500.205 when
the requested information is not otherwise exempt and the only purpose of the
request is to access and disseminate information regarding the health, safety,
welfare or legal rights of the general public; (Section 7(1)(i) of FOIA)
11) The
following information pertaining to educational matters:
A) Test
questions, scoring keys, and other examination data used to administer an
academic exam;
B) Information
received by a primary or secondary school, college, or university under its
procedure for the evaluation of faculty members by their academic peers;
C) Information
concerning a school's or university's adjudication of student disciplinary
cases, but only to the extent that disclosure would unavoidably reveal the
identity of the student; and
D) Course
materials or research materials used by faculty members; (Section 7(1)(j)
of FOIA)
12) Architects'
plans and engineers' technical submissions, and other construction related
technical documents for projects not constructed or developed in whole or in
part with public funds and for projects constructed or developed with public
funds, including but not limited to power generating and distribution stations
and other transmission and distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers, and all government
owned, operated, or occupied buildings, but only to the extent that disclosure
would compromise security; (Section 7(1)(k) of FOIA)
13) Minutes
of meetings of public bodies closed to the public as provided in the Open
Meetings Act [5 ILCS 120] until the public body makes the minutes
available to the public under Section 2.06 of the Open Meetings Act; (Section
7(1)(l) of FOIA)
14) Communications
between OSAD and an attorney or auditor representing OSAD that would not be
subject to discovery in litigation, and materials prepared or compiled by or
for OSAD in anticipation of a criminal, civil or administrative proceeding upon
the request of an attorney advising OSAD, and materials prepared or compiled
with respect to internal audits of OSAD; (Section 7(1)(m) of FOIA)
15) Records
relating to OSAD's adjudication of employee grievances or disciplinary cases;
however, this exemption shall not extend to the final outcome of cases in which
discipline is imposed; (Section 7(1)(n) of FOIA)
16) Administrative
or technical information associated with automated data processing operations,
including but not limited to software, operating protocols, computer program
abstracts, file layouts, source listings, object modules, load modules, user
guides, documentation pertaining to all logical and physical design of
computerized systems, employee manuals, and any other information that, if
disclosed, would jeopardize the security of the system or its data or the
security of materials exempt under this Section; (Section 7(1)(o) of FOIA)
17) Records
relating to collective negotiating matters between OSAD and its employees or
representatives, except that any final contract or agreement shall be subject
to inspection and copying; (Section 7(1)(p) of FOIA)
18) Test
questions, scoring keys, and other examination data used to determine the
qualifications of an applicant for a license or employment; (Section
7(1)(q) of FOIA)
19) The
records, documents and information relating to real estate purchase
negotiations until those negotiations have been completed or otherwise
terminated. With regard to a parcel involved in a pending or actually and
reasonably contemplated eminent domain proceeding under the Eminent Domain Act
[735 ILCS 30], records, documents and information relating to that parcel
shall be exempt except as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and information relating to a
real estate sale shall be exempt only until a sale is consummated; (Section
7(1)(r) of FOIA)
20) Any
and all proprietary information and records related to the operation of an
intergovernmental risk management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool. Insurance or self-insurance
(including any intergovernmental risk management association or self-insurance pool)
claims, loss or risk management information, records, data, advice or
communications; (Section 7(1)(s) of FOIA)
21) Information
contained in or related to examination, operating, or condition reports
prepared by, on behalf of, or for the use of a public body responsible for the
regulation or supervision of financial institutions or insurance companies,
unless disclosure is otherwise required by State law; (Section 7(1)(t) of
FOIA)
22) Information
that would disclose or might lead to the disclosure of secret or confidential
information, codes, algorithms, programs or private keys intended to be used to
create electronic or digital signatures under the Electronic Commerce Security
Act [5 ILCS 175]; (Section 7(1)(u) of FOIA)
23) Vulnerability
assessments, security measures, and response policies or plans that are
designed to identify, prevent, or respond to potential attacks upon a
community's population or systems, facilities, or installations, the
destruction or contamination of which would constitute a clear and present
danger to the health or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the effectiveness of the
measures or the safety of the personnel who implement them or the public.
Information exempt under this subsection (a)(23) may include such things
as details pertaining to the mobilization or deployment of personnel or
equipment, to the operation of communication systems or protocols, or to
tactical operations; (Section 7(1)(v) of FOIA)
24) Maps
and other records regarding the location or security of generation,
transmission, distribution, storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the Illinois Power Agency; (Section
7(1)(x) of FOIA)
25) Information
contained in or related to proposals, bids, or negotiations related to electric
power procurement under Section 1-75 of the Illinois Power Agency Act [20
ILCS 3855] and Section 16-111.5 of the Public Utilities Act [220 ILCS 5]
that is determined to be confidential and proprietary by the Illinois Power
Agency or by the Illinois Commerce Commission; (Section 7(1)(y) of FOIA)
26) Information
about students exempted from disclosure under Section 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate students enrolled at an
institution of higher education exempted from disclosure under Section 25 of
the Illinois Credit Card Marketing Act of 2009 [110 ILCS 26]; (Section
7(1)(z) of FOIA)
27) Information
the disclosure of which is exempted under the Viatical Settlements Act of 2009
[215 ILCS 158]; (Section 7(1)(aa) of FOIA)
28) Information
regarding interments, entombments, or inurnments of human remains that are
submitted to the Cemetery Oversight Database under the Cemetery Care Act [760
ILCS 100] or the Cemetery Oversight Act [225 ILCS 411], whichever is
applicable. (Section 7(1)(bb) of FOIA)
b) A
record that is not in the possession of OSAD but is in the possession of a
party with whom OSAD has contracted to perform a governmental function on
behalf of OSAD, and that directly relates to the governmental function and is
not otherwise exempt under FOIA, shall be considered a record of OSAD for
purposes of Sections 500.225, 500.230 and 500.235. (Section 7(2) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.220 STATUTORY EXEMPTIONS
Section 500.220 Statutory Exemptions
To the extent provided for by the following statutes, the
following shall be exempt from inspection and copying:
a) All
information determined to be confidential under Section 4002 of the Technology Advancement
and Development Act [20 ILCS 700].
b) Library
circulation and order records identifying library users with specific materials
under the Library Records Confidentiality Act [75 ILCS 70].
c) Applications,
related documents, and medical records received by the Experimental Organ
Transplantation Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
d) Information
and records held by the Department of Public Health and its authorized
representatives relating to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act [410 ILCS 325].
e) Information
the disclosure of which is exempted under Section 30 of the Radon Industry
Licensing Act [420 ILCS 44].
f) Firm
performance evaluations under Section 55 of the Architectural, Engineering, and
Land Surveying Qualifications Based Selection Act [30 ILCS 535].
g) Information
the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act [110 ILCS 979].
h) Information
the disclosure of which is exempted under the State Officials and Employees
Ethics Act [5 ILCS 430] and records of any lawfully created State or
local inspector general's office that would be exempt if created or obtained by
an Executive Inspector General's office under that Act.
i) Information
contained in a local emergency energy plan submitted to a municipality in
accordance with a local emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code [65 ILCS 5].
j) Information
and data concerning the distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency Telephone Safety Act [20
ILCS 2605].
k) Law
enforcement officer identification information or driver identification
information compiled by a law enforcement agency or the Department of
Transportation under Section 11-212 of the Illinois Vehicle Code [625 ILCS
5].
l) Records
and information provided to a residential health care facility resident sexual
assault and death review team or the Executive Council under the Abuse
Prevention Review Team Act [210 ILCS 28].
m) Information
provided to the predatory lending database created pursuant to Article 3 of the
Residential Real Property Disclosure Act [765 ILCS 77], except to the
extent authorized under that Article.
n) Defense
budgets and petitions for certification of compensation and expenses for court
appointed trial counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act [725 ILCS 124]. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the prosecution chooses
not to pursue the death penalty prior to trial or sentencing.
o) Information
that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act [410 ILCS 525].
p) Security
portions of system safety program plans, investigation reports, surveys,
schedules, lists, data, or information compiled, collected or prepared by or
for the Regional Transportation Authority under Section 2.11 of the Regional Transportation
Authority Act [70 ILCS 3615] or the St. Clair County Transit District
under the Bi-State Transit Safety Act [45 ILCS 111].
q) Information
prohibited from being disclosed by the Personnel Records Review Act [820
ILCS 40].
r) Information
prohibited from being disclosed by the Illinois School Student Records Act
[105 ILCS 10].
s) Information
the disclosure of which is restricted under Section 5-108 of the Public
Utilities Act [220 ILCS 5]. (Section 7.5 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.225 SUBMITTAL OF REQUESTS FOR RECORDS
Section 500.225 Submittal of Requests for Records
a) Any
request for public records should be submitted in writing to the FOI Officer at
OSAD.
b) OSAD
has one FOI Officer, located at the administrative office.
c) Contact
information for the FOI Officer can be found online at www. OSAD@osad.state.il.us/.
d) FOIA
requests may be submitted via mail, e-mail, fax, or hand delivery. Requests
should be mailed or hand delivered to:
OSAD
Administrative Office
400
West Monroe St., Suite 202
PO
Box 5240
Springfield IL
62705-5240
Attn: FOI Officer
e) E-mailed
requests should be sent to OSAD@osad.state.il.us/, contain the request in the
body of the e-mail, and indicate in the subject line of the e-mail that it
contains a FOIA request. Faxed FOIA requests should be faxed to 217/782-5385,
Attn: FOI Officer.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.230 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 500.230 Information To Be Provided in Requests
for Records
A request for records should include:
a) The complete name,
mailing address and telephone number of the requester;
b) As
specific a description as possible of the records sought. Requests that OSAD
considers unduly burdensome or categorical may be denied. (See Section 3(g) of
FOIA and Section 500.245.);
c) A
statement as to the requested medium and format for OSAD to use in providing
the records sought: for example, paper, specific types of digital or magnetic
media, or videotape;
d) A
statement as to the requested manner for OSAD to use in providing the records
sought: for example, inspection at OSAD headquarters or providing paper or
electronic copies;
e) A
statement as to whether the requester needs certified copies of all or any
portion of the records, including reference to the specific documents that
require certification; and
f) A statement as to
whether the request is for a commercial purpose.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.235 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 500.235 Requests for Records for Commercial
Purposes
a) It
is a violation of FOIA for a person to knowingly obtain a record for a
commercial purpose without disclosing that it is for a commercial purpose if
requested to do so by OSAD. (Section 3.1(c) of FOIA)
b) OSAD
shall respond to a request for records to be used for a commercial purpose
within 21 working days after receipt. The response shall:
1) Provide
to the requester an estimate of the time required by OSAD to provide the records
requested and an estimate of the fees to be charged, which OSAD may require the
person to pay in full before copying the requested documents;
2) Deny
the request pursuant to one or more of the exemptions set out in Section 500.215
or 500.220;
3) Notify
the requester that the request is unduly burdensome and extend an opportunity
to the requester to attempt to reduce the request to manageable proportions; or
4) Provide
the records requested. (Section 3.1(a) of FOIA)
c) Unless
the records are exempt from disclosure, OSAD shall comply with a request within
a reasonable period considering the size and complexity of the request, and
giving priority to records requested for non-commercial purposes. (Section
3.1(b) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.240 TIMELINE FOR OSAD RESPONSE
Section 500.240 Timeline for OSAD Response
a) Except
as stated in subsection (b) or (c), OSAD will respond to any written request
for records within 5 business days after its receipt of the request. Failure to
comply with a written request, extend the time for response, or deny a request
within 5 business days after its receipt shall be considered a denial of the
request. If OSAD fails to respond to a request within the requisite periods in
this subsection (a) but thereafter provides the requester with copies of
the requested records, it will not impose a fee for such copies. If OSAD fails
to respond to a request received, it will not treat the request as unduly
burdensome as provided under Section 500.245. (Section 3(d) of FOIA) A
written request from OSAD to provide additional information shall be considered
a response to the FOIA request.
b) The
time limits prescribed in subsection (a) may be extended for not more
than 5 business days from the original due date for any of the following
reasons:
1) The
requested records are stored in whole or in part at locations other than the
office having charge of the requested records;
2) The
request requires the collection of a substantial number of specified records;
3) The
request is couched in categorical terms and requires an extensive search for
the records responsive to it;
4) The
requested records have not been located in the course of routine search and
additional efforts are being made to locate them;
5) The
requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if they are exempt from
disclosure under Section 7 or 7.5 of FOIA or should be revealed only
with appropriate deletions;
6) The
request for records cannot be complied with by OSAD within the time limits
prescribed by subsection (a) without unduly burdening or interfering
with the operations of OSAD; or
7) There
is a need for consultation, which shall be conducted with all practicable
speed, with another public body or among two or more components of a public
body having a substantial interest in the determination or in the subject matter
of the request. (Section 3(e) of FOIA)
c) The
person making a request and OSAD may agree in writing to extend the time for
compliance for a period to be determined by the parties. If the requester and OSAD
agree to extend the period for compliance, a failure by OSAD to comply with any
previous deadlines shall not be treated as a denial of the request for the
records. (Section 3(e) of FOIA)
d) When
additional time is required for any of the reasons set forth in subsection (b),
OSAD will, within 5 business days after receipt of the request, notify the
person making the request of the reasons for the extension and the date by
which the response will be forthcoming. Failure to respond within the time
permitted for extension shall be considered a denial of the request. If OSAD
fails to respond to a request within the time permitted for extension but
thereafter provides the requester with copies of the requested public records,
it may not impose a fee for those copies. If OSAD issues an extension and
subsequently fails to respond to the request, it will not treat the request as
unduly burdensome under Section 500.245. (Section 3(f) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.245 REQUESTS FOR RECORDS THAT OSAD CONSIDERS UNDULY BURDENSOME
Section 500.245 Requests for Records that OSAD Considers
Unduly Burdensome
a) OSAD
will fulfill requests calling for all records falling within a category unless
compliance with the request would unduly burden OSAD, there is no way to narrow
the request, and the burden on OSAD outweighs the public interest in the
information. Before invoking this exemption, OSAD will extend to the requester
an opportunity to confer with it in an attempt to reduce the request to
manageable proportions. (Section 3(g) of FOIA)
b) If OSAD
determines that a request is unduly burdensome, it shall do so in writing,
specifying the reasons why it would be unduly burdensome and the extent to
which compliance will so burden the operations of OSAD. Such a response shall
be treated as a denial of the request for information. (Section 3(g) of
FOIA)
c) Repeated
requests for records that are unchanged or identical to records previously
provided or properly denied under this Part from the same person shall be
deemed unduly burdensome. (Section 3(g) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.250 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 500.250 Requests for Records that Require
Electronic Retrieval
a) A
request for records that requires electronic retrieval will be treated the same
as any other request for records, with the same timeline and extensions as
allowed for other records.
b) The
Agency will retrieve and provide electronic records only in a format and medium
that is available to OSAD.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.255 DENIALS OF REQUESTS FOR RECORDS
Section 500.255 Denials of Requests for Records
a) OSAD will deny requests
for records when:
1) Compliance
with the request would unduly burden OSAD, as determined pursuant to Section 500.245,
and the requester has not reduced the request to manageable proportions; or
2) The
records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or
Section 500.215 or 500.220.
b) The
denial of a request for records must be in writing.
1) The
notification shall include a description of the records denied; the reason
for the denial, including a detailed factual basis for the application of any
exemption claimed; and the names and titles or positions of each person
responsible for the denial (Section 9(a) of FOIA);
2) Each
notice of denial shall also inform such person of the right to review by the
Public Access Counselor and provide the address and phone number for the Public
Access Counselor (Section 9(a) of FOIA); and
3) When
a request for records is denied on the grounds that the records are exempt
under Section 7 or 7.5 of FOIA, the notice of denial shall specify the
exemption claimed to authorize the denial and the specific reasons for the
denial, including a detailed factual basis and a citation to the supporting
legal authority (Section 9(b) of FOIA).
c) A
requester may treat OSAD's failure to respond to a request for records within 5
business days after receipt of the written request as a denial for purposes of
the right to review by the Public Access Counselor.
d) If OSAD
has given written notice pursuant to Section 500.240(d), failure to respond to
a written request within the time permitted for extension may be treated as a
denial for purposes of the right to review by the Public Access Counselor.
e) Any
person making a request for records shall be deemed to have exhausted his or
her administrative remedies with respect to that request if OSAD fails to act
within the time periods provided in Section 500.240. (Section 9(c) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.260 REQUESTS FOR REVIEW OF DENIALS - PUBLIC ACCESS COUNSELOR
Section 500.260 Requests for Review of Denials −
Public Access Counselor
a) A
person whose request to inspect or copy a record is denied by OSAD may file a
request for review with the Public Access Counselor established in the Office
of the Attorney General not later than 60 days after the date of the final
denial. (Section 9.5(a) of FOIA)
b) If OSAD
asserts that the records are exempt under Section 500.215(a)(4) or (a)(7),
it will, within the time periods provided for responding to a request,
provide written notice to the requester and the Public Access Counselor of its
intent to deny the request in whole or in part. The notice will include:
1) A
copy of the request for access to records;
2) The
proposed response from OSAD; and
3) A
detailed summary of OSAD's basis for asserting the exemption. (Section
9.5(b) of FOIA)
c) Upon
receipt of a notice of intent to deny from OSAD, the Public Access Counselor
shall determine whether further inquiry is warranted. The Public Access
Counselor shall process the notification of intent to deny as detailed in
Section 9.5(b) of FOIA. Times for response or compliance by OSAD under
Section 500.240 will be tolled until the Public Access Counselor concludes
his or her inquiry. (Section 9.5(b) of FOIA)
d) Within
7 working days after OSAD receives a request for review from the Public Access
Counselor, OSAD shall provide copies of records requested and shall otherwise
fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)
e) Within
7 working days after it receives a copy of a request for review and request for
production of records from the Public Access Counselor, OSAD may, but is not
required to, answer the allegations of the request for review. The answer may
take the form of a letter, brief, or memorandum. The Public Access Counselor
shall forward a copy of the answer to the person submitting the request for
review, with any alleged confidential information to which the request pertains
redacted from the copy. (Section 9.5(d) of FOIA)
f) The
requester may, but is not required to, respond in writing to the answer within
7 working days and shall provide a copy of the response to OSAD. (Section
9.5(d) of FOIA)
g) In
addition to the request for review, and the answer and response thereto, if
any, a requester or OSAD may furnish affidavits or records concerning any
matter germane to the review. (Section 9.5(e) of FOIA)
h) A
binding opinion from the Attorney General shall be binding upon both the
requester and OSAD, subject to administrative review under Section 500.270.
(Section 9.5(f) of FOIA)
i) If
the Attorney General decides to exercise his or her discretion to resolve a request
for review by mediation or by a means other than issuance of a binding opinion,
the decision not to issue a binding opinion shall not be reviewable. (Section
9.5(f) of FOIA)
j) Upon
receipt of a binding opinion concluding that a violation of FOIA has occurred, OSAD
shall either take necessary action immediately to comply with the directive of
the opinion or shall initiate administrative review under Section 500.270.
If the opinion concludes that no violation of FOIA has occurred, the
requester may initiate administrative review under Section 500.270.
(Section 9.5(f) of FOIA)
k) If
OSAD discloses records in accordance with an opinion of the Attorney General, OSAD
is immune from all liabilities by reason thereof and shall not be liable for
penalties under FOIA. (Section 9.5(f) of FOIA)
l) If
the requester files suit under Section 500.265 with respect to the same
denial that is the subject of a pending request for review, the requester shall
notify the Public Access Counselor, and the Public Access Counselor shall so
notify OSAD. (Section 9.5(g) of FOIA)
m) The
Attorney General may also issue advisory opinions to OSAD regarding compliance
with FOIA. A review may be initiated upon receipt of a written request from
the State Appellate Defender or Deputy State Appellate Defender, which
shall contain sufficient accurate facts from which a determination can be
made. The Public Access Counselor may request additional information from OSAD
in order to assist in the review. If OSAD relies in good faith on an advisory
opinion of the Attorney General in responding to a request, OSAD is not liable
for penalties under FOIA, so long as the facts upon which the opinion is based
have been fully and fairly disclosed to the Public Access Counselor. (Section
9.5(h) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.265 CIRCUIT COURT REVIEW
Section 500.265 Circuit Court Review
A requester also has the right to file suit for injunctive
or declaratory relief in the Circuit Court for Sangamon County or for the
county in which the requester resides, in accordance with the procedures set
forth in Section 11 of FOIA.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.270 ADMINISTRATIVE REVIEW
Section 500.270 Administrative Review
A binding opinion issued by the Attorney General shall be
considered a final decision of an administrative agency, for purposes of
administrative review under the Administrative Review Law [735 ILCS 5/Art.
III]. An action for administrative review of a binding opinion of the Attorney
General shall be commenced in Cook County or Sangamon County. An advisory
opinion issued to OSAD shall not be considered a final decision of the Attorney
General for purposes of this Section. (Section 11.5 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.275 INSPECTION OF RECORDS
Section 500.275 Inspection of Records
a) OSAD
may make available records for personal inspection at OSAD's headquarters
office located at 400 W. Monroe St., Suite 202, Springfield IL 62705-5240,
or at another location agreed to by both OSAD and the requester. No original
record shall be removed from State-controlled premises except under constant
supervision of OSAD responsible for maintaining the record. OSAD may provide
records in duplicate forms, including, but not limited to, paper copies, data
processing printouts, videotape, microfilm, audio tape, reel to reel microfilm,
photographs, computer disks and diazo.
b) When
a person requests a copy of a record maintained in an electronic format, OSAD
shall furnish it in the electronic format specified by the requester, if
feasible. If it is not feasible to furnish the records in the specified
electronic format, then OSAD shall furnish it in the format in which it is
maintained by OSAD, or in paper format at the option of the requester. (Section
6(a) of FOIA)
c) A
requester may inspect records by appointment only, scheduled subject to space
availability. OSAD will schedule inspection appointments to take place during
normal business hours, which are 8:30 a.m. to 4:30 p.m. Monday through Friday,
exclusive of State holidays. If the requester must cancel the viewing
appointment, the requester shall so inform OSAD as soon as possible before the
appointment.
d) In
order to maintain routine Agency operations, the requester may be asked to
leave the inspection area for a specified period of time.
e) The requester will have
access only to the designated inspection area.
f) Requesters
shall not be permitted to take briefcases, folders or similar materials into
the room where the inspection takes place. An Agency employee may be present
during the inspection.
g) The
requester shall segregate and identify the documents to be copied during the
course of the inspection.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.280 COPYING OF RECORDS; FEES
Section 500.280 Copying of Records; Fees
a) In
accordance with Section 500.285, unless a fee is otherwise fixed by statute, OSAD
will provide copies of records and certifications of records in accordance with
the fee schedule set forth in Appendix A.
b) In
calculating its actual cost for reproducing records or for the use of the
equipment of OSAD to reproduce records, OSAD will not include the costs of any
search for and review of the records or other personnel costs associated with
reproducing the records. (Section 6(b) of FOIA)
c) In
order to expedite the copying of records that OSAD cannot copy, due to the
volume of the request or the operational needs of OSAD, in the timelines
established in Section 500.240, the requester may provide, at the requester's
expense, the copy machine, all necessary materials, and the labor to copy the
public records at OSAD headquarters in Section 500.275, or at another location
agreed to by both OSAD and the requester. No original record shall be removed
from State-controlled premises except under constant supervision of OSAD.
d) Copies
of records will be provided to the requester only upon payment of any fees
due. OSAD may charge the requester for the actual cost of purchasing the
recording medium, whether disc, diskette, tape, or other medium, but OSAD will not
charge the requester for the costs of any search for and review of the records
or other personnel costs associated with reproducing the records. (Section
6(a) of FOIA) Payment must be by check or money order sent to OSAD, payable to "Treasurer,
State of Illinois".
e) If a
contractor is used to inspect or copy records, the following procedures shall
apply:
1) The
requester, rather than OSAD, must contract with the contractor;
2) The
requester is responsible for all fees charged by the contractor;
3) The
requester must notify OSAD of the contractor to be used prior to the scheduled
on-site inspection or copying;
4) Only OSAD
personnel may provide records to the contractor;
5) OSAD
must have verification that the requester has paid OSAD, if payment is due, for
the copying of the records before providing the records to the contractor; and
6) The
requester must provide to OSAD the contractor's written agreement to hold the
records secure and to copy the records only for the purpose stated by the
requester.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.285 REDUCTION AND WAIVER OF FEES
Section 500.285 Reduction and Waiver of Fees
a) Fees
may be reduced or waived by OSAD if the requester states the specific purpose
for the request and indicates that a waiver or reduction of the fee is in the
public interest. In making this determination, OSAD will consider the
following:
1) Whether
the principal purpose of the request is to disseminate information regarding
the health, safety, welfare or legal rights of the general public; and
2) Whether
the principal purpose of the request is personal or commercial benefit. For
purposes of this subsection (a), "commercial benefit" shall not apply
to requests made by news media when the principal purpose of the request is to
access and disseminate information regarding the health, safety, welfare or
legal rights of the general public. (Section 6(c) of FOIA)
b) OSAD will
provide copies of records without charge to federal, State and municipal
agencies, Constitutional officers and members of the General Assembly, and not-for-profit
organizations providing evidence of good standing with the Secretary of State's
Office.
c) Except
to the extent that the General Assembly expressly provides, statutory fees
applicable to copies of records when furnished in a paper format will not be
applicable to those records when furnished to a requester in an electronic
format. (Section 6(a) of FOIA)
SUBPART D: PUBLIC INFORMATION - EXPUNGEMENT OF CRIMINAL RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.300 SPECIAL PUBLIC INFORMATION RESPONSIBILITIES FOR EXPUNGEMENT
Section 500.300 Special Public Information
Responsibilities for Expungement
a) Authority of the Office
1) The
State Appellate Defender Act is directed by statute to establish, maintain
and carry out an expungement program to provide information to persons eligible
to have their arrest or criminal history record information ordered expunged,
sealed or impounded. (Section 10.6(a) of the Act)
2) The
Office shall disseminate printed materials and provide information through its
website explaining the State's expungement process, circumstances under which
expungement may occur, the criminal offenses that may be expunged and steps
necessary to complete the expungement process. The Office shall also maintain a
toll free telephone number that may be used to receive information or
assistance concerning the expungement or sealing of arrest or criminal history
record information and shall develop an expungement information packet. (Section
10.6(b) and (c) of the Act)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.310 AVAILABILITY OF EXPUNGEMENT FORMS
Section 500.310 Availability of Expungement Forms
As part of its expungement information program, the Office
will make expungement request forms and model enforcement orders available to
the public. Different forms are used inside and outside of Cook
County.
a) Cook
County
For criminal convictions that occurred
in courts located in Cook County, forms and procedures are available from:
1) the
Office's Expungement Unit in Chicago at:
A) telephone:
866/787-1776 (toll-free); or
B) email:
Expungement.chicago@osad.state.il us; or
2) the Cook
County Circuit Clerk at:
A) any
of the six Cook County Municipal District Courthouses; or
B) www.cookcountyclerkofcourt.org.
b) Outside
Cook County
For criminal convictions that
occurred in courts other than those located in Cook County, forms are available
on the Office's website at Expungement.springfield@osad.state.il.us.
SUBPART E: CAPITAL LITIGATION UNITS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.400 DEATH PENALTY LITIGATION
Section 500.400 Death Penalty Litigation
The Office of the State Appellate Defender has established
three units for capital litigation:
a) The
Capital Trial Assistance Unit provides assistance to attorneys appointed under
the Capital Crimes Litigation Act [725 ILCS 124/50] (see 725 ILCS
105/10(c)(5)).
b) The
Capital Post-Conviction Unit represents capital defendants in post-conviction
and collateral proceedings under Article 122 of the Code of Criminal Procedure of
1963 [725 ILCS 5/Art. 122] (post conviction hearings).
c) The
Supreme Court Unit represents capital defendants on appeal.
Section 500.APPENDIX A Organizational Chart
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE B: COURTS AND THE JUDICIARY
CHAPTER IV: OFFICE OF THE STATE APPELLATE DEFENDER
PART 500
ORGANIZATION, RULEMAKING AND PUBLIC INFORMATION
SECTION 500.APPENDIX B FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 500.APPENDIX B Fee Schedule for Duplication and
Certification of Records
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TYPE OF DUPLICATION
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FEE (PER COPY)
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Paper copy from original, up
to and including 50 copies of black and white, letter or legal sized copies
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No charge
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Paper copy from original, in
excess of 50 copies of black and white, letter or legal sized copies
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$.15/page
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Paper copy from microfilm
original
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$.15/page
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Microfilm diazo from original
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$.50/diazo
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VHS video copy of tape
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Actual cost of the
reproduction
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Audio tape copy of tape
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Actual cost of the
reproduction
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CD ROM disk
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Actual cost of the
reproduction
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Photograph from negative
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Actual cost of the
reproduction
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Blueprints/oversized prints
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Actual cost of the reproduction
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Paper copies in color or in a
size other than letter or legal
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Actual cost of the
reproduction
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Certification fee
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$1.00/record
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NOTE: Expense for delivery
other than by First Class U.S. Mail must be borne by the requester.
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