HCSLPH M FERGUSON INSPECTOR GENERAL
TO THE MAYOR, MEMBERS OF THE CITY COUNCIL, THE CITY CLERK, THE CITY TREASURER, AND THE RESIDENTS OF THE CITY OF CHICAGO:
The Public Safety Section (PS) of the City of Chicago Office of Inspector General (OIG) has concluded an evaluation regarding the Chicago Police Department's (CPD) compliance with the clear and present danger reporting requirements for law enforcement agencies under the Illinois' Firearm Owners Identification (FOID) Card Act ("the Act"). OIG launched this inquiry after receiving a complaint in January 2017 that expressed concern about CPD's process of returning firearms to individuals who had threatened suicide.
The Act states,
If a person is determined to pose a clear and present danger to himself, herself, or to others... by a law enforcement official or school administrator, then the law enforcement official or school administrator shall, within 24 hours of making the determination, notify the [Illinois State Police (ISP)] that the person poses a clear and present danger. See 430 ILCS 65/8.1(d)(2).
"Clear and present danger," as applicable to law enforcement officials, means,
A person who... demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. See 430 ILCS 65/1.1.
To fulfill this reporting obligation, law enforcement officials are required to complete and submit to ISP a "Person Determined to Pose a Clear and Present Danger" form each time law enforcement makes such a determination.
The PS evaluation determined that CPD has not operated in compliance with the clear and present danger reporting requirements under the Act. The evaluation focused on subset of situations in which it is highly probable that CPD members interacted with an individual posing a clear and present danger pursuant to the Act's de...
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