Ill. Admin. Code tit. 20, § 1230.120 - [Effective until 12/12/2022] Clear and Present Danger Reporting
a) Physicians, clinical psychologists and
qualified examiners shall report determinations of a clear and present danger
to the Department by making notification to the Department of Human Services in
the form and manner prescribed at Section 6-103.3 of the Mental Health and
Developmental Disabilities Code [405 ILCS 5 ].
b) Law enforcement officials and school
administrators shall report determinations of a clear and present danger
directly to the Department. The Department shall make a form and instruction
for the reporting available to law enforcement officials and school
administrators on its website.
1) Clear and
present danger reporting shall be used by the Department to identify persons
who meet the definition of "clear and present danger" under
430
ILCS 65/1.1(2).
2) Clear and present danger reporting shall
be made consistent with the Family Educational Rights and Privacy Act
(20 USC
1232g) to assist the Department with
protecting the health and safety of the public by denying persons who present a
clear and present danger from having lawful access to
weapons.
c) The
Department shall make the final determination regarding whether a clear and
present danger exists for purposes of revoking a FOID Card pursuant to Section
8.1(d)
of the Act and ensure that all identified firearms prohibitors are
appropriately recorded.
d) The
Department shall maintain records of clear and present danger reporting in
accordance with state and federal law.
Notes
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