Ill. Admin. Code tit. 20, § 1231.180 - Law Enforcement Fingerprinting Registration
a) Law enforcement agencies that plan to
submit to the Department Electronic Fingerprint Fee Applications (EFFA, the
application submitted by a person being electronically fingerprinted) for FCCL
applicants shall sign a memorandum of understanding between the agency and the
Department establishing the requirements of the applicable State statutes and
federal laws for the submission of non-criminal justice fingerprint
transactions to the Department or the Federal Bureau of Investigation
(FBI).
b) Fingerprint images, a
photograph of the individual being fingerprinted, and related alpha numeric
identification data shall be submitted to the Department via electronic
transmission utilizing Live Scan procedures and equipment approved by the
Department. The photograph provision will be waived for applicants with a
physical disability or ailment that could result in the taking of a photograph
causing the applicant harm in any way.
c) A law enforcement agency's equipment and
transmission of all types of transactions shall be certified by the Department
as being compatible with the Department's systems (see 68 Ill. Adm. Code
1240).
d) All employees responsible
for taking fingerprints for the purposes of the Act shall require each
individual seeking to be fingerprinted to present primary or secondary
identification in order to be fingerprinted by the agency.
1) Primary identification shall mean a valid
driver's license or Secretary of State issued State identification
card.
2) In the absence of a
driver's license or State identification card, secondary identification shall
mean the individual seeking to be fingerprinted shall provide at least two
forms of identification within the Identity Verification Program Guide (2006)
developed and available from the National Crime Prevention and Privacy Compact
Council from the FBI website
(http://www.fbi.gov/about-us/cjis/cc/current-initiatives/identity-verification-program-guide).
e) All FCCL applicants who submit
an EFFA shall be required to sign a consent form prior to fingerprinting. The
privacy statement within the consent form shall be approved by the
Department.
f) Agencies must
maintain a record of all documentation and non-criminal justice transactions
submitted to the Department for the purpose of auditing by the Department or
the FBI and make its records available for that auditing.
g) All employees responsible for taking
fingerprints for non-criminal justice purposes shall successfully complete a
fingerprint training course conducted or authorized by the
Department.
h) Agencies will be
required to establish a fiscal account with the Department of State
Police-Bureau of Identification for the purpose of facilitating the payment of
State and FBI background checks. The agencies will be invoiced monthly for all
submissions received by the agency the prior month. The Department will not
accept individual payments from the persons printed.
Notes
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