Illinois General Assembly - Full Text of SB0422
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Full Text of SB0422  103rd General Assembly



SB0422 EnrolledLRB103 02874 RLC 47880 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-5-1 as follows:
6    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
7    Sec. 3-5-1. Master Record File.
8    (a) The Department of Corrections and the Department of
9Juvenile Justice shall maintain a master record file on each
10person committed to it, which shall contain the following
12        (1) all information from the committing court;
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;
17        (3) evaluation and assignment reports and
18    recommendations;
19        (4) reports as to program assignment and progress;
20        (5) reports of disciplinary infractions and
21    disposition, including tickets and Administrative Review
22    Board action;
23        (6) any parole or aftercare release plan;



SB0422 Enrolled- 2 -LRB103 02874 RLC 47880 b

1        (7) any parole or aftercare release reports;
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; .
12        (14) the last known address provided by the person
13    committed; and
14        (15) all medical and dental records.
15    (b) All files shall be confidential and access shall be
16limited to authorized personnel of the respective Department
17or by disclosure in accordance with a court order or subpoena.
18Personnel of other correctional, welfare or law enforcement
19agencies may have access to files under rules and regulations
20of the respective Department. The respective Department shall
21keep a record of all outside personnel who have access to
22files, the files reviewed, any file material copied, and the
23purpose of access. If the respective Department or the
24Prisoner Review Board makes a determination under this Code
25which affects the length of the period of confinement or
26commitment, the committed person and his counsel shall be



SB0422 Enrolled- 3 -LRB103 02874 RLC 47880 b

1advised of factual information relied upon by the respective
2Department or Board to make the determination, provided that
3the Department or Board shall not be required to advise a
4person committed to the Department of Juvenile Justice any
5such information which in the opinion of the Department of
6Juvenile Justice or Board would be detrimental to his
7treatment or rehabilitation.
8    (c) The master file shall be maintained at a place
9convenient to its use by personnel of the respective
10Department in charge of the person. When custody of a person is
11transferred from the Department to another department or
12agency, a summary of the file shall be forwarded to the
13receiving agency with such other information required by law
14or requested by the agency under rules and regulations of the
15respective Department.
16    (d) The master file of a person no longer in the custody of
17the respective Department shall be placed on inactive status
18and its use shall be restricted subject to rules and
19regulations of the Department.
20    (e) All public agencies may make available to the
21respective Department on request any factual data not
22otherwise privileged as a matter of law in their possession in
23respect to individuals committed to the respective Department.
24    (f) A committed person may request a summary of the
25committed person's master record file once per year and the
26committed person's attorney may request one summary of the



SB0422 Enrolled- 4 -LRB103 02874 RLC 47880 b

1committed person's master record file once per year. The
2Department shall create a form for requesting this summary,
3and shall make that form available to committed persons and to
4the public on its website. Upon receipt of the request form,
5the Department shall provide the summary within 15 days. The
6summary must contain, unless otherwise prohibited by law:
7        (1) the person's name, ethnic, racial, and other
8    identifying information;
9        (2) all digitally available information from the
10    committing court;
11        (3) all information in the Offender 360 system on the
12    person's criminal history;
13        (4) the person's complete assignment history in the
14    Department of Corrections;
15        (5) the person's disciplinary card;
16        (6) additional records about up to 3 specific
17    disciplinary incidents as identified by the requester;
18        (7) any available records about up to 5 specific
19    grievances filed by the person, as identified by the
20    requester; and
21        (8) the records of all grievances filed on or after
22    January 1, 2023.
23    Notwithstanding any provision of this subsection (f) to
24the contrary, a committed person's master record file is not
25subject to disclosure and copying under the Freedom of
26Information Act.



SB0422 Enrolled- 5 -LRB103 02874 RLC 47880 b

1    (g) Subject to appropriation, on or before July 1, 2025,
2the Department of Corrections shall digitalize all newly
3committed persons' master record files who become incarcerated
4and all other new information that the Department maintains
5concerning its correctional institutions, facilities, and
6individuals incarcerated.
7    (h) Subject to appropriation, on or before July 1, 2027,
8the Department of Corrections shall digitalize all medical and
9dental records in the master record files and all other
10information that the Department maintains concerning its
11correctional institutions and facilities in relation to
12medical records, dental records, and medical and dental needs
13of committed persons.
14    (i) Subject to appropriation, on or before July 1, 2029,
15the Department of Corrections shall digitalize all information
16in the master record files and all other information that the
17Department maintains concerning its correctional institutions
18and facilities.
19    (j) The Department of Corrections shall adopt rules to
20implement subsections (g), (h), and (i) if appropriations are
21available to implement these provisions.
22    (k) Subject to appropriation, the Department of
23Corrections, in consultation with the Department of Innovation
24and Technology, shall conduct a study on the best way to
25digitize all Department of Corrections records and the impact
26of that digitizing on State agencies, including the impact on



SB0422 Enrolled- 6 -LRB103 02874 RLC 47880 b

1the Department of Innovation and Technology. The study shall
2be completed on or before January 1, 2024.
3(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
4revised 12-14-22.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.