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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4559 Introduced 1/21/2022, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
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730 ILCS 5/3-5-1 | from Ch. 38, par. 1003-5-1 |
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Amends the Unified Code of Corrections. Provides that any person committed to the Department of Corrections may request a copy of the person's own master record file up to 4 times a year. Provides that the Department of Corrections shall provide the committed person with a copy of his or her master record file within 5 days after receipt of the committed person's request for a copy of his or her master record file.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4559 | | LRB102 20314 RLC 29169 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-5-1 as follows:
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| 6 | | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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| 7 | | Sec. 3-5-1. Master Record File.
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| 8 | | (a) The Department of Corrections and the Department of |
| 9 | | Juvenile Justice shall
maintain a master record file on each |
| 10 | | person committed to it,
which shall contain the following |
| 11 | | information:
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| 12 | | (1) all information from the committing court;
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| 13 | | (1.5) ethnic and racial background data collected in |
| 14 | | accordance with Section 4.5 of the Criminal Identification |
| 15 | | Act; |
| 16 | | (2) reception summary;
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| 17 | | (3) evaluation and assignment reports and |
| 18 | | recommendations;
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| 19 | | (4) reports as to program assignment and progress;
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| 20 | | (5) reports of disciplinary infractions and |
| 21 | | disposition, including tickets and Administrative Review |
| 22 | | Board action;
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| 23 | | (6) any parole or aftercare release plan;
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| | HB4559 | - 2 - | LRB102 20314 RLC 29169 b |
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| 1 | | (7) any parole or aftercare release reports;
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| 2 | | (8) the date and circumstances of final discharge; |
| 3 | | (9) criminal history; |
| 4 | | (10) current and past gang affiliations and ranks; |
| 5 | | (11) information regarding associations and family |
| 6 | | relationships; |
| 7 | | (12) any grievances filed and responses to those |
| 8 | | grievances; and |
| 9 | | (13) other information that the respective Department |
| 10 | | determines is relevant to the secure confinement and |
| 11 | | rehabilitation of the committed person.
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| 12 | | (b) All files shall be confidential and access shall be
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| 13 | | limited to authorized personnel of the respective Department |
| 14 | | and to persons committed to the Department of Corrections upon |
| 15 | | request as provided in this subsection. Any person committed |
| 16 | | to the Department of Corrections may request a copy of the |
| 17 | | person's own master record file up to 4 times a year. The |
| 18 | | Department of Corrections shall provide the committed person |
| 19 | | with a copy of his or her master record file within 5 days |
| 20 | | after receipt of the committed person's request for a copy of |
| 21 | | his or her master record file.
Personnel of other |
| 22 | | correctional, welfare or law enforcement
agencies may have |
| 23 | | access to files under rules and regulations
of the respective |
| 24 | | Department. The respective Department shall keep a record of |
| 25 | | all
outside personnel who have access to files, the files |
| 26 | | reviewed,
any file material copied, and the purpose of access. |
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| | HB4559 | - 3 - | LRB102 20314 RLC 29169 b |
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| 1 | | If the
respective Department or the Prisoner Review Board |
| 2 | | makes a determination
under this Code which affects the length |
| 3 | | of the period of
confinement or commitment, the committed |
| 4 | | person and his counsel
shall be advised of factual information |
| 5 | | relied upon by the
respective Department or Board to make the |
| 6 | | determination, provided that
the Department or Board shall not |
| 7 | | be required to advise a
person committed to the Department of |
| 8 | | Juvenile Justice any such information
which in the opinion of |
| 9 | | the Department of Juvenile Justice or Board would be
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| 10 | | detrimental to his treatment or rehabilitation.
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| 11 | | (c) The master file shall be maintained at a place
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| 12 | | convenient to its use by personnel of the respective |
| 13 | | Department in
charge of the person. When custody of a person is |
| 14 | | transferred
from the Department to another department or |
| 15 | | agency, a
summary of the file shall be forwarded to the |
| 16 | | receiving
agency with such other information required by law |
| 17 | | or
requested by the agency under rules and regulations of the
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| 18 | | respective Department.
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| 19 | | (d) The master file of a person no longer in the custody
of |
| 20 | | the respective Department shall be placed on inactive status |
| 21 | | and its
use shall be restricted subject to rules and |
| 22 | | regulations of
the Department.
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| 23 | | (e) All public agencies may make available to the
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| 24 | | respective Department on request any factual data not |
| 25 | | otherwise
privileged as a matter of law in their possession in |
| 26 | | respect
to individuals committed to the respective Department.
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