Public Act 098-0528
 
SB1598 EnrolledLRB098 10198 MRW 40357 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
    Section 5. The Criminal Identification Act is amended  by 
changing Section 5 and  by adding Section 4.5 as follows:
 
    (20 ILCS 2630/4.5 new)
    Sec. 4.5. Ethnic and racial data collection.
    (a) Ethnic and racial data for every adult or juvenile 
arrested shall be collected at the following points of contact 
by the entity identified in this subsection or another entity 
authorized and qualified to collect and report on this data:
        (1) at arrest or booking, by the supervising law 
    enforcement agency;
        (2) upon admittance to the Department of Corrections, 
    by the Department of Corrections;
        (3) upon admittance to the Department of Juvenile 
    Justice, by the Department of Juvenile Justice; and 
        (3) upon transfer from the Department of Juvenile 
    Justice to the Department of Corrections, by the Department 
    of Juvenile Justice.
        
    (b) Ethnic and racial data shall be collected through 
selection of one of the following categories:
        (1) American Indian or Alaskan Native;
        (2) Asian or Pacific Islander;
        (3) Black or African American;
        (4) White or Caucasian;
        (5) Hispanic or Latino; or
        (6) Unknown.
    (c) The collecting entity shall make a good-faith effort to 
collect race and ethnicity information as self-reported by the 
adult or juvenile. If the adult or juvenile is unable or 
unwilling to provide race and ethnicity information, the 
collecting entity shall make a good-faith effort to deduce the 
race and ethnicity of the adult or juvenile. 
 



    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)


    Sec. 5. Arrest reports. All policing bodies of this State 
shall furnish to the Department,
daily, in the form and detail 
the Department requires, fingerprints, and
descriptions, and 
ethnic and racial background data as provided in Section 4.5 of 
this Act of all persons who are arrested on charges of 
violating any penal
statute of this State for offenses that are 
classified as felonies and Class
A or B misdemeanors and of all 
minors of the age of 10 and over who have been
arrested for an 
offense which would be a felony if committed by an adult, and

may forward such fingerprints and descriptions for minors 
arrested for Class A
or B misdemeanors.  Moving or nonmoving 
traffic violations under the Illinois
Vehicle Code shall not be 
reported except for violations of Chapter 4, Section
11-204.1, 
or Section 11-501 of that Code.  In addition, conservation 
offenses,
as defined in the Supreme Court Rule 501(c), that are 
classified as Class B
misdemeanors shall not be reported. Those 
law enforcement records maintained by the Department for minors 
arrested for an offense prior to their 17th birthday, or minors 
arrested for a non-felony offense, if committed by an adult, 
prior to their 18th birthday, shall not be forwarded to the 
Federal Bureau of Investigation unless those records relate to 
an arrest in which a minor was charged as an adult under any of 
the transfer provisions of the Juvenile Court Act of 1987.











(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; 
96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. 
7-2-10.)

 
    Section 10. The Illinois Uniform Conviction Information 
Act is amended  by changing Section 3 as follows:
 


    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)




    Sec. 3. Definitions. Whenever used in this Act, and for the 
purposes
of this Act, unless the context clearly indicates 
otherwise:

    (A) "Accurate" means factually correct, containing no 
mistake or error
of a material nature.

    (B) The phrase "administer the criminal laws" includes any 
of the
following activities: intelligence gathering, 
surveillance, criminal
investigation, crime detection and 
prevention (including research),
apprehension, detention, 
pretrial or post-trial release, prosecution, the
correctional 
supervision or rehabilitation of accused persons or criminal

offenders, criminal identification activities, or the 
collection,
maintenance or dissemination of criminal history 
record information.

    (C) "The Authority" means the Illinois Criminal Justice 
Information
Authority.

    (D) "Automated" means the utilization of computers, 
telecommunication
lines, or other automatic data processing 
equipment for data collection or
storage, analysis, 
processing, preservation, maintenance, dissemination, or

display and is distinguished from a system in which such 
activities are
performed manually.

    (E) "Complete" means accurately reflecting all the 
criminal history
record information about an individual that is 
required to be reported to
the Department pursuant to Section 
2.1 of the Criminal Identification Act.

    (F) "Conviction information" means data reflecting a 
judgment of guilt
or nolo contendere.  The term includes all 
prior and subsequent criminal
history events directly relating 
to such judgments, such as, but not
limited to: (1) the 
notation of arrest; (2) the notation of charges filed;
(3) the 
sentence imposed; (4) the fine imposed; and (5) all related

probation, parole, and release information. Information ceases 
to be
"conviction information" when a judgment of guilt is 
reversed or vacated.

    For purposes of this Act, continuances to a date certain in 
furtherance
of an order of supervision granted under Section 
5-6-1 of the Unified Code
of Corrections or an order of 
probation granted under either Section 10 of
the Cannabis 
Control Act,  Section 410 of the Illinois Controlled
Substances 
Act, Section 70 of the Methamphetamine Control and Community 
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 
12-3.05 of the Criminal Code of 1961 or the Criminal Code of 
2012, Section
10-102 of the Illinois Alcoholism and Other Drug 
Dependency Act, Section
40-10 of the Alcoholism and Other Drug 
Abuse and Dependency Act, or Section
10 of the Steroid Control 
Act shall not be deemed "conviction information".

    (G) "Criminal history record information" means data 
identifiable to an
individual, including information collected 
under Section 4.5 of the Criminal Identification Act, and 
consisting of descriptions or notations of arrests,

detentions, indictments, informations, pretrial proceedings, 
trials, or
other formal events in the criminal justice system 
or descriptions or
notations of criminal charges (including 
criminal violations of local
municipal ordinances) and the 
nature of any disposition arising therefrom,
including 
sentencing, court or correctional supervision, rehabilitation 
and
release.  The term does not apply to statistical records and 
reports in
which individual are not identified and from which 
their identities are not
ascertainable, or to information that 
is for criminal investigative or
intelligence purposes.

    (H) "Criminal justice agency" means (1) a government agency 
or any
subunit thereof which is authorized to administer the 
criminal laws and
which allocates a substantial part of its 
annual budget for that purpose,
or (2) an agency supported by 
public funds which is authorized as its
principal function to 
administer the criminal laws and which is officially
designated 
by the Department as a criminal justice agency for purposes of

this Act.

    (I) "The Department" means the Illinois Department of State 
Police.

    (J) "Director" means the Director of the Illinois 
Department of State
Police.

    (K) "Disseminate" means to disclose or transmit conviction 
information
in any form, oral, written, or otherwise.

    (L) "Exigency" means pending danger or the threat of 
pending danger to
an individual or property.

    (M) "Non-criminal justice agency" means a State agency, 
Federal agency,
or unit of local government that is not a 
criminal justice agency.  The
term does not refer to private 
individuals, corporations, or
non-governmental agencies or 
organizations.

    (M-5) "Request" means the submission to the Department, in 
the form and
manner required, the necessary data elements or 
fingerprints, or both, to allow
the Department to initiate a 
search of its criminal history record information
files.

    (N) "Requester" means any private individual, corporation, 
organization,
employer, employment agency, labor organization, 
or non-criminal justice
agency that has made a request pursuant 
to this Act
to obtain
conviction information maintained in the 
files of the Department of State
Police regarding a particular 
individual.

    (O) "Statistical information" means data from which the 
identity of an
individual cannot be ascertained, 
reconstructed, or verified and to which
the identity of an 
individual cannot be linked by the recipient of the

information.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

 
    Section 15. The Illinois Criminal Justice Information Act 
is amended  by changing Section 3 as follows:
 



    (20 ILCS 3930/3)  (from Ch. 38, par. 210-3)



    Sec. 3. Definitions. Whenever used in this Act, and for the 
purposes
of this Act unless the context clearly denotes 
otherwise:

    (a) The term "criminal justice system" includes all 
activities by
public agencies pertaining to the prevention or

reduction of crime or  enforcement of the criminal law, and 
particularly,
but without limitation, the prevention, 
detection, and investigation of
crime; the apprehension of 
offenders; the protection of victims and
witnesses; the 
administration of juvenile justice; the prosecution and

defense of criminal cases; the trial, conviction, and 
sentencing of
offenders; as well as the correction and 
rehabilitation of offenders,
which includes imprisonment, 
probation, parole and treatment.

    (b) The term "Authority" means the Illinois Criminal 
Justice Information
Authority created by this Act.

    (c) The term "criminal justice information" means any and 
every type of
information that is collected, transmitted, or 
maintained by the criminal
justice system.

    (d) The term "criminal history record information" means 
data
identifiable to an individual, including information 
collected under Section 4.5 of the Criminal Identification Act, 
and consisting of descriptions or notations
of arrests, 
detentions, indictments, informations, pre-trial proceedings,

trials, or other formal events in the criminal justice system 
or
descriptions or notations of criminal charges (including 
criminal
violations of local municipal ordinances) and the 
nature of any disposition
arising therefrom, including 
sentencing, court or correctional supervision,
rehabilitation, 
and release.  The term does not apply to statistical
records and 
reports in which individuals are not identified and from which

their identities are not ascertainable, or to information that 
is for
criminal investigative or intelligence purposes.

    (e) The term "unit of general local government" means any 
county,
municipality or other general purpose political 
subdivision of this State.

(Source: P.A. 85-653.)

 
    Section 20. The Unified Code of Corrections is amended  by 
changing Sections 3-2.5-15, 3-5-1, and 3-5-3 as follows:
 
    (730 ILCS 5/3-2.5-15)

    Sec. 3-2.5-15. Department of Juvenile Justice; assumption 
of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the 
rights, powers, duties, and responsibilities of the Juvenile 
Division of the Department of Corrections. Personnel, books, 
records, property, and unencumbered appropriations pertaining 
to the Juvenile Division of the Department of Corrections shall 
be transferred to the Department of Juvenile Justice on the 
effective date of this amendatory Act of the 94th General 
Assembly. Any rights of employees or the State under the 
Personnel Code or any other contract or plan shall be 
unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired 
by the Department on or after the effective date of this 
amendatory Act of the 94th General Assembly and who participate 
or assist in the rehabilitative and vocational training of 
delinquent youths, supervise the daily activities involving 
direct and continuing responsibility for the youth's security, 
welfare and development, or participate in the personal 
rehabilitation of delinquent youth by training, supervising, 
and assisting lower level personnel who perform these duties 
must be over the age of 21 and have a bachelor's or advanced 
degree from an accredited college or university with a 
specialization in criminal justice, education, psychology, 
social work, or a closely related social science.    This 
requirement shall not apply to security, clerical, food 
service, and maintenance staff that do not have direct and 
regular contact with youth.  The degree requirements specified 
in this subsection (b) are not required of persons who provide 
vocational training and who have  adequate knowledge in the 
skill for which they are providing the  vocational training.
    (c) Subsection (b) of this  Section does not apply to 
personnel transferred to the Department of Juvenile Justice on 
the effective date of this amendatory Act of the 94th General 
Assembly.
    (d) The Department shall be under the direction of the 
Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the 
Department and shall assign functions, powers, duties, and 
personnel as required by law. The Director may create other 
divisions and may assign other functions, powers, duties, and 
personnel as may be necessary or desirable to carry out the 
functions and responsibilities vested by law in the Department. 
The Director may, with the approval of the Office of the 
Governor, assign to and share functions, powers, duties, and 
personnel with other State agencies such that administrative 
services and administrative facilities are provided by a shared 
administrative service center. Where possible, shared services 
which impact youth should be done with child-serving agencies. 
These administrative services may include, but are not limited 
to, all of the following functions: budgeting, accounting 
related functions, auditing, human resources, legal, 
procurement, training, data collection and analysis, 
information technology, internal investigations, intelligence, 
legislative services, emergency response capability, statewide 
transportation services, and general office support.
    (f) The Department of Juvenile Justice may enter into 
intergovernmental cooperation agreements under which minors 
adjudicated delinquent and committed to the Department of 
Juvenile Justice may participate in county juvenile impact 
incarceration programs established under Section 3-6039 of the 
Counties Code.

    (g) The Department of Juvenile Justice must comply with the 
ethnic and racial background data collection procedures 
provided in Section 4.5 of the Criminal Identification Act. 
(Source: P.A. 96-1022, eff. 1-1-11.)
 


    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)



    Sec. 3-5-1. Master Record File. 

    (a) The Department of Corrections and the Department of 
Juvenile Justice shall
maintain a master record file on each 
person committed to it,
which shall contain the following 
information:


        (1) all information from the committing court;

        (1.5) ethnic and racial background data collected in 
    accordance with Section 4.5 of the Criminal Identification 
    Act; 

        (2) reception summary;


        (3) evaluation and assignment reports and 
    recommendations;


        (4) reports as to program assignment and progress;


        (5) reports of disciplinary infractions and 
    disposition, including tickets and Administrative Review 
    Board action;


        (6) any parole plan;


        (7) any parole reports;


        (8) the date and circumstances of final discharge; 
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family 
    relationships;
        (12) any grievances filed and responses to those 
    grievances; and
        (13) other information that the respective Department 
    determines is relevant to the secure confinement and 
    rehabilitation of the committed person.

    (b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall 
keep a record of all
outside personnel who have access to 
files, the files reviewed,
any file material copied, and the 
purpose of access. If the
respective Department or the Prisoner 
Review Board makes a determination
under this Code which 
affects the length of the period of
confinement or commitment, 
the committed person and his counsel
shall be advised of 
factual information relied upon by the
respective Department or 
Board to make the determination, provided that
the Department 
or Board shall not be required to advise a
person committed to 
the Department of Juvenile Justice any such information
which 
in the opinion of the Department of Juvenile Justice or Board 
would be
detrimental to his treatment or rehabilitation.

    (c) The master file shall be maintained at a place

convenient to its use by personnel of the respective Department 
in
charge of the person. When custody of a person is 
transferred
from the Department to another department or 
agency, a
summary of the file shall be forwarded to the 
receiving
agency with such other information required by law or

requested by the agency under rules and regulations of the

respective Department.

    (d) The master file of a person no longer in the custody
of 
the respective Department shall be placed on inactive status 
and its
use shall be restricted subject to rules and 
regulations of
the Department.

    (e) All public agencies may make available to the

respective Department on request any factual data not otherwise

privileged as a matter of law in their possession in respect
to 
individuals committed to the respective Department.

(Source: P.A. 97-696, eff. 6-22-12.)

 



    (730 ILCS 5/3-5-3)  (from Ch. 38, par. 1003-5-3)



    Sec. 3-5-3. Annual and other Reports. 

    (a) The Director shall make an annual report to the 
Governor and General Assembly concerning persons committed to 
the Department, its
institutions, facilities and programs, of 
all moneys expended and received,
and on what accounts expended 
and received. The report shall include the ethnic and racial 
background data, not identifiable to an individual, of all 
persons committed to the Department, its institutions, 
facilities, and programs. 

    (b) (Blank).

    (c) The Director may require such reports from division 
administrators,
chief administrative officers and other 
personnel as he deems necessary for
the administration of the 
Department.

    (d) (Blank).

(Source: P.A. 97-800, eff. 7-13-12.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2015.