Ill. Admin. Code tit. 20 § 1590.20

Current through Register Vol. 48, No. 49, December 6, 2024
Section 1590.20 - Definitions

Unless specified otherwise, all terms shall have the meanings set forth in Section 5 of the Violent Crime Witness Protection Act [725 ILCS 173 ]. For purposes of this Part, the following additional definitions apply:

"Act" means the Violent Crime Witness Protection Act. [725 ILCS 173 ]

"Actively aid prosecution" means to assist the Office of the Attorney General or a State's Attorney's Office in the prosecution of violent crime, including, but not limited to providing a witness statement to law enforcement, providing testimony necessary for the issuance of a warrant, or testifying during a criminal trial.

"Appropriate related persons" means persons, children, parents, or guardians of a victim or witness actively aiding in the prosecution of a violent crime.

"Attorney General" means the Attorney General of the State of Illinois.

"Awardee" means a recipient of financial assistance pursuant to the Act.

"County Applicants" means State's Attorney's Offices and county sheriff departments.

"Eligible Persons" means victims and witnesses who are actively aiding in the prosecution of perpetrators of violent crime, and appropriately related persons or victims and witnesses determined by the Illinois Criminal Justice Information Authority to be at risk of a discernible threat of violent crime. [725 ILCS 173/10]

"Financial assistance" means financial support to a program participant in the form of a grant or expense reimbursement.

"GATA" means the Grant Accountability and Transparency Act. [30 ILCS 708 ]

"GATA rules" means 44 Ill. Adm. Code 7000.

"ICJIA" means the Illinois Criminal Justice Information Authority.

"Illinois police agency" means any law enforcement unit of government or municipal corporation in the State of Illinois. It does not include law enforcement divisions of the Illinois State Police, the Secretary of State, or any other office, department, division, bureau, board, commission or agency of the State of Illinois or any university, college or community college police departments. See also "local law enforcement agencies".

"Local law enforcement agencies" means any law enforcement unit of government or municipal corporation in the State of Illinois. It does not include law enforcement divisions of the Illinois State Police, the Secretary of State, or any other office, department, division, bureau, board, commission or agency of the State of Illinois or any university, college or community college police departments. See also "Illinois police agency".

"Moving expenses" means expenses necessary to move household goods and personal effects from a former residence to a new residence or expenses necessary to travel from a former residence to a new place of residence. "Moving expenses" shall include reasonable and necessary lodging expenses as determined by the agency seeking reimbursement.

"Program Participant" means the Illinois Attorney General or a State's Attorney's Office or Illinois police agency that receives financial assistance under the Program.

"State's Attorney's Office" means a State's Attorney's Office located in Illinois.

"Uniform Guidance" means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), codified at 2 CFR 200.

"Utilities" means service provided by a public utility for essential services such as light, power or water.

"Victim" means:

any natural person determined by the victim service coordinator or victim coordinator, prosecutor, or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of

a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or

a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative;

in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; or

an immediate family member of a victim that is chosen by the victim. If the victim is 18 years of age or over, the victim may choose any person to be the victim's representative. In no event shall the defendant or any person who aided and abetted in the commission of the crime be considered a victim, a crime victim, or a representative of the victim.

"Witness" means:

any person who personally observed the commission of a crime and who may be called to testify on behalf of the prosecution or a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

Ill. Admin. Code tit. 20, § 1590.20

Adopted at 48 Ill. Reg. 3110, effective 2/16/2024