Ill. Admin. Code tit. 20, § 1230.120 - 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 ].
Such reports shall be maintained in accordance with subsections (e) and
(f).
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. Such reports shall be maintained in accordance
with subsections (e) and (f).
1) Clear and
present danger reports shall be reviewed by the Department to deny a FOID card
application or revoke a FOID card under Section 8(f) or
8.1(d)
of this Act .
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) When five years have passed
since the date of the incident giving rise to the clear and present danger, an
individual whose FOID card application was denied or FOID card was revoked
pursuant to Section 8(f) of the Act , will be issued a FOID card , so long as
there have been no new clear and present danger reports filed in the interim
and the applicant otherwise meets the requirements of the FOID Act , upon
submitting:
1) a new application;
2) a mental health evaluation by a physician,
clinical psychologist, or qualified examiner as defined in the Mental Health
and Developmental Disabilities Code [405 ILCS 5 ]; and
3) a certification from the physician,
clinical psychologist or qualified examiner that the individual is not a clear
and present danger to himself, herself, or others.
d) All other requests for reinstatement after
denial or revocation pursuant to a clear and present danger report shall be
treated as a request for relief pursuant to Section 10(f) of the Act and must
be made consistent with Section 1230.75 of this Part.
e) When the report does not meet the
definition of "clear and present danger" in Section
1.1 of the Act the
Department shall maintain records of clear and present danger reporting for a
period of five years from when the clear and present danger report is
received.
f) When a denial or
revocation is warranted under Section 8(f) of the Act , the Department shall
maintain records of clear and present danger reporting.
Notes
Added at 38 Ill. Reg. 2301, effective December 31, 2013
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.