Skeletal remains found on 1-55

The Illinois State Police (ISP) acknowledges receipt of your attached Freedom of Information Act (FOIA) request. A response to your request is due September 7th, 2023. However, additional time is needed to respond to your request. In accordance with Section 3(e) of FOIA (5 ILCS 140/3(e)), ISP is extending the response due date for an additional five days for the following reasons:

The requested records are stored in whole or in part at another location.

The request requires the collection of a substantial number of records.

The request is stated in categorical terms and requires an extensive search for the records requested.

X The requested records have not yet been located and additional time is needed to complete the search.

X The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

X The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of ISP.

Consultation is needed with another public body in order to respond to the request.

ISP handles requests for video records separately. Depending on the records you requested, you may receive additional correspondence for either video or paper and audio records.

Sincerely,

Illinois State Police
Freedom of Information Act Unit

September 14, 2023

Thank you for writing the Illinois State Police (ISP) with your request for information pursuant to the Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq. ISP acknowledges receipt of your FOIA request dated August 30, 2023. A reasonable search for the requested records was conducted. ISP is denying your request for the reasons outlined below:

1. Section 7(1)(d)(vii) of FOIA

“Subject to this requirement, the following shall be exempt from inspection and copying:
(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:
(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.” (5 ILCS 140/7(1)(d)(vii)).

The records being requested are the subject of an ongoing cold-case death investigation. Releasing the information at this time could compromise this investigation. Once the initial investigation has been completed, the case file may be submitted to the State’s Attorney for review. Even after submission to the State’s Attorney, ISP may be asked to conduct follow-up interviews and further investigation. Releasing the case file before the review and before formal criminal proceedings are concluded would significantly impact the outcome of the case and would deprive involved parties of their due process and fair trial.

2. Section 3(g) of FOIA

“Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions.” (5 ILCS 140/3(g)).

Accordingly, this request, or the remainder thereof, is unduly burdensome pursuant to 5 ILCS 140/3(g). Due to the size of the investigation, the number of records that could conceivably be responsive to your request would burden the operations of the public body. The burden on the public body outweighs the public interest.

After an initial search, ISP has identified 3,773 pages of paper records that may be responsive to your request. It is estimated to take 503 hours to review and redact for applicable exemptions including privacy concerns.

The FOIA Unit would need to expend an inordinate number of personnel hours to review these records for possible exemptions before providing a final response. The time required for this request would result in delays for other FOIA requests and contribute to the backlog of FOIA requests. ISP is extending you the opportunity to reduce your request to manageable proportions. Once the investigation is closed, if you choose to narrow your request, your response will be treated as a new FOIA request.

You have the right to review by the Public Access Counselor (PAC) in the Office of the Attorney General (5 ILCS 140/9.5(a)). You may reach the PAC at:

500 S. 2nd Street
Springfield, Illinois 62701
(877) 299-3642
public.access@ilag.gov

You also have the right to judicial review under 5 ILCS 140/11.

Sincerely,

Illinois State Police
Freedom of Information Unit
Sarah Wheeler – FOIA Officer