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

Ill. Admin. Code tit. 20, § 1230.120
Emergency amendment at 46 Ill. Reg. 13553, effective 7/15/2022, for a maximum of 150 days

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