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1 | | copying under subsection (a) of this Section: |
2 | | (1) traffic stop and field contact information, |
3 | | including, but not limited to, date, time, location, reason |
4 | | for the stop, whether a search was conducted, disposition, |
5 | | and race and gender of the person stopped; |
6 | | (2) department directives; |
7 | | (3) daily crime log information for all crimes reported |
8 | | to the campus police department that is maintained pursuant |
9 | | to the federal Jeanne Clery Disclosure of Campus Security |
10 | | Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) |
11 | | and its implementing regulations, including, but not |
12 | | limited to, the date the crime was reported, the date and |
13 | | time the crime occurred, the nature and location of the |
14 | | crime, and the disposition of the complaint, if known; |
15 | | (4) arrest report information, including, but not |
16 | | limited to, information that identifies the arrestee, when |
17 | | and if available, information detailing any charges |
18 | | relating to the arrest, the time and location of the |
19 | | arrest, the name of the investigating or arresting law |
20 | | enforcement agency, if the individual is detained, the |
21 | | amount of any bail or bond, and the time and date that the |
22 | | individual was received into, discharged from, or |
23 | | transferred from the arresting agency's custody; |
24 | | (5) broadcast radio communications between or among |
25 | | officers and dispatchers of the campus police department |
26 | | concerning traffic stops, field contacts, and arrests; and |
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1 | | (6) crime data and statistics that are required to be |
2 | | reported pursuant to the federal Jeanne Clery Disclosure of |
3 | | Campus Security Policy and Campus Crime Statistics Act. |
4 | | (c) The following records are not subject to inspection and |
5 | | copying under subsection (a) of this Section: |
6 | | (1) records that are in the custody or possession of a |
7 | | campus police department that do not pertain to the |
8 | | exercise of power of a municipal peace officer or county |
9 | | sheriff; |
10 | | (2) records regarding employment matters, including |
11 | | grievances and disciplinary matters, unless such records |
12 | | relate to cases in which a member of the campus police |
13 | | department's exercise of the powers of a municipal peace |
14 | | officer or a county sheriff results in the imposition of |
15 | | discipline; however, nothing in this subdivision (2) shall |
16 | | be construed to limit, alter, or modify any of the terms, |
17 | | conditions, or provisions of a collective bargaining |
18 | | agreement existing on the effective date of this amendatory |
19 | | Act of the 99th General Assembly, and nothing in this |
20 | | subdivision (2) precludes a private college or private |
21 | | university and the exclusive bargaining representative |
22 | | from agreeing to and implementing this subdivision (2) |
23 | | prior to the termination of the existing collective |
24 | | bargaining agreement; |
25 | | (3) records regarding labor contract negotiations; |
26 | | (4) wage information; |
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1 | | (5) information about insurance; |
2 | | (6) records relating to all ongoing investigations or |
3 | | security threats the disclosure of which would jeopardize |
4 | | public safety; |
5 | | (7) records relating to students and related |
6 | | disciplinary proceedings and actions, including, but not |
7 | | limited to, those prohibited by the federal Family |
8 | | Educational Rights and Privacy Act of 1974 and the Illinois |
9 | | Health Insurance Portability and Accountability Act; |
10 | | (8) arrest records protected by the Juvenile Court Act |
11 | | of 1987; |
12 | | (9) records relating to campus building access; |
13 | | (10) records, tapes, and other digital media from |
14 | | campus security cameras; |
15 | | (11) non-criminal campus incident reports; and |
16 | | (12) documents exempted from or not subject to the |
17 | | Freedom of Information Act. |
18 | | (d) A person may request records as described in this |
19 | | Section, and a campus police department shall make records |
20 | | available for public inspection. No fees shall be charged for |
21 | | the first 50 pages of black and white, letter or legal-sized |
22 | | copies. The fee for black and white, letter or legal-sized |
23 | | copies shall not exceed 15 cents per page; for color copies or |
24 | | copies of other sizes, the campus police department may charge |
25 | | up to its actual cost for reproducing the records. A campus |
26 | | police department is not required to copy a record that is |
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1 | | published on the department's, college's, or university's |
2 | | Internet website. The campus police department shall notify the |
3 | | requester that the record is available online and direct the |
4 | | requester to the website where the record can be reasonably |
5 | | accessed. |
6 | | (e) Each campus police department shall designate one or |
7 | | more employees to receive requests submitted to the campus |
8 | | police department pursuant to subsection (a) of this Section |
9 | | and ensure that the campus police department responds to |
10 | | requests within 5 business days, or a different period of time |
11 | | if agreed to by the requester and the campus police department. |
12 | | The campus police department may notify a requester that the |
13 | | department requires an additional 5 business days to respond to |
14 | | requests. |
15 | | (f) Each campus police department that maintains an |
16 | | Internet website shall post on its website a brief description |
17 | | of the methods whereby the public may request information and |
18 | | records. If the campus police department does not maintain a |
19 | | website, such information shall be prominently displayed in its |
20 | | offices and made available for inspection and copying. A campus |
21 | | police department may train employees regarding compliance |
22 | | with this Act by using the training program made available by |
23 | | the Office of the Attorney General Public Access Counselor. |
24 | | (g) When a request is made to inspect or copy a record that |
25 | | contains information that would be exempt from disclosure under |
26 | | the Freedom of Information Act (including, but not limited to, |
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1 | | exemptions listed in Sections 2.15 and 7 of the Freedom of |
2 | | Information Act), the campus police department may redact the |
3 | | information subject to the exemptions. |
4 | | (h) Any person denied access to any record required to be |
5 | | publicly available under subsection (a) of this Section by a |
6 | | campus police department may file a request for review with the |
7 | | Public Access Counselor not later than 60 days after the date |
8 | | of the denial. The request for review must be in writing, |
9 | | signed by the requester, and include (i) a copy of the request |
10 | | for access to records and (ii) any responses from the campus |
11 | | police department. |
12 | | (i) Upon receipt of a request for review, the Public Access |
13 | | Counselor shall determine whether further action is warranted. |
14 | | If the Public Access Counselor determines that the alleged |
15 | | violation is unfounded, he or she shall so advise the requester |
16 | | and the campus police department, and no further action shall |
17 | | be undertaken. Unless the Public Access Counselor extends the |
18 | | time by no more than 30 business days by sending written notice |
19 | | to the requester and the campus police department that includes |
20 | | a statement of the reasons for the extension in the notice or |
21 | | decides to address the matter without the issuance of a binding |
22 | | opinion, the Attorney General shall examine the issues and the |
23 | | records, shall make findings of fact and conclusions of law, |
24 | | and shall issue to the requester and the campus police |
25 | | department an opinion in response to the request for review |
26 | | within 60 days after its receipt. The opinion shall be binding |
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1 | | upon both the requester and the campus police department, |
2 | | subject to review in circuit court. In responding to any |
3 | | request under this Section, the Attorney General may exercise |
4 | | his or her discretion and choose to resolve a request for |
5 | | review by mediation or by a means other than the issuance of a |
6 | | binding opinion. The decision not to issue a binding opinion |
7 | | shall not be reviewable. Upon receipt of a binding opinion |
8 | | concluding that a violation of this Section has occurred, the |
9 | | campus police department shall either take necessary action |
10 | | immediately to comply with the directive of the opinion or |
11 | | shall initiate review proceedings. A binding opinion granting |
12 | | or denying in whole or part the request shall be subject to |
13 | | review in the circuit court of Cook or Sangamon County. ".
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