Full Text of SB1598 98th General Assembly
SB1598eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5 and by adding Section 4.5 as follows: | 6 | | (20 ILCS 2630/4.5 new) | 7 | | Sec. 4.5. Ethnic and racial data collection. | 8 | | (a) Ethnic and racial background data shall be collected at | 9 | | the point of arrest for all persons arrested. This data shall | 10 | | be collected as outlined in subsection (b) for the purpose of | 11 | | accuracy. If a person arrested is uncooperative or unable to | 12 | | self-identify their ethnicity, race, or both, the officer | 13 | | making the arrest report must orally administer the ethnicity | 14 | | questions provided in subsection (b). If the arrestee is still | 15 | | uncooperative or unable to self-identify or answer the | 16 | | questions, the officer making the arrest report must attempt to | 17 | | orally administer the ethnicity questions a second time. If the | 18 | | arrestee is still uncooperative or unable to self-identify or | 19 | | answer the questions, the officer may then, based on the | 20 | | relevant circumstances and in good faith, deduce the ethnicity, | 21 | | race, or both of the arrestee. If the officer deduces the | 22 | | ethnicity, race, or both of the arrestee, the officer must | 23 | | indicate that he or she has done so on the ethnicity |
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| 1 | | self-identification form. | 2 | | (b) Ethnicity self-identification forms shall be in | 3 | | printed form and completed by each arrestee. The ethnicity | 4 | | self-identification forms shall include ethnicity and race | 5 | | information as distinct variables, with the following minimum | 6 | | ethnicity and race designations and questions: | 7 | | "Are you of Hispanic, Latino, or Spanish origin? | 8 | | (A) Yes. | 9 | | (B) No. | 10 | | What race do you consider yourself to be? | 11 | | (A) American Indian or Alaskan Native. | 12 | | (B) Asian. | 13 | | (C)
Black or African American. | 14 | | (D) Native American or Other
Pacific Islander. | 15 | | (E) White or Caucasian. | 16 | | (F) Unknown." | 17 | | (c) The ethnicity self-identification forms shall include | 18 | | a question indicating whether the answers are self-reported or | 19 | | completed by a law enforcement officer. | 20 | | (d) Ethnic and racial background data self-reported at | 21 | | arrest under subsection (b) shall supersede any ethnic and | 22 | | racial data for that person previously received. | 23 | | (e) Ethnic and racial data of each person committed to the | 24 | | Department of Corrections and the Department of Juvenile | 25 | | Justice shall be collected or corrected at each of the | 26 | | following criminal justice contact points, where applicable, |
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| 1 | | and included in the Department's records: arrest, referral, | 2 | | diversion, detention, petition, delinquency findings, | 3 | | probation, secure confinement, and transfer of juvenile to | 4 | | adult court. The ethnic and racial data of each person shall be | 5 | | collected in accordance with this Section. The most recent | 6 | | self-reported ethnicity and racial data obtained shall | 7 | | supersede ethnicity and racial data previously received.
| 8 | | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| 9 | | Sec. 5. Arrest reports. All policing bodies of this State | 10 | | shall furnish to the Department,
daily, in the form and detail | 11 | | the Department requires, fingerprints , and
descriptions , and | 12 | | ethnic and racial background data as provided in Section 4.5 of | 13 | | this Act of all persons who are arrested on charges of | 14 | | violating any penal
statute of this State for offenses that are | 15 | | classified as felonies and Class
A or B misdemeanors and of all | 16 | | minors of the age of 10 and over who have been
arrested for an | 17 | | offense which would be a felony if committed by an adult, and
| 18 | | may forward such fingerprints and descriptions for minors | 19 | | arrested for Class A
or B misdemeanors. Moving or nonmoving | 20 | | traffic violations under the Illinois
Vehicle Code shall not be | 21 | | reported except for violations of Chapter 4, Section
11-204.1, | 22 | | or Section 11-501 of that Code. In addition, conservation | 23 | | offenses,
as defined in the Supreme Court Rule 501(c), that are | 24 | | classified as Class B
misdemeanors shall not be reported. Those | 25 | | law enforcement records maintained by the Department for minors |
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| 1 | | arrested for an offense prior to their 17th birthday, or minors | 2 | | arrested for a non-felony offense, if committed by an adult, | 3 | | prior to their 18th birthday, shall not be forwarded to the | 4 | | Federal Bureau of Investigation unless those records relate to | 5 | | an arrest in which a minor was charged as an adult under any of | 6 | | the transfer provisions of the Juvenile Court Act of 1987.
| 7 | | (Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; | 8 | | 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. | 9 | | 7-2-10.)
| 10 | | Section 10. The Illinois Uniform Conviction Information | 11 | | Act is amended by changing Section 3 as follows:
| 12 | | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| 13 | | Sec. 3. Definitions. Whenever used in this Act, and for the | 14 | | purposes
of this Act, unless the context clearly indicates | 15 | | otherwise:
| 16 | | (A) "Accurate" means factually correct, containing no | 17 | | mistake or error
of a material nature.
| 18 | | (B) The phrase "administer the criminal laws" includes any | 19 | | of the
following activities: intelligence gathering, | 20 | | surveillance, criminal
investigation, crime detection and | 21 | | prevention (including research),
apprehension, detention, | 22 | | pretrial or post-trial release, prosecution, the
correctional | 23 | | supervision or rehabilitation of accused persons or criminal
| 24 | | offenders, criminal identification activities, or the |
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| 1 | | collection,
maintenance or dissemination of criminal history | 2 | | record information.
| 3 | | (C) "The Authority" means the Illinois Criminal Justice | 4 | | Information
Authority.
| 5 | | (D) "Automated" means the utilization of computers, | 6 | | telecommunication
lines, or other automatic data processing | 7 | | equipment for data collection or
storage, analysis, | 8 | | processing, preservation, maintenance, dissemination, or
| 9 | | display and is distinguished from a system in which such | 10 | | activities are
performed manually.
| 11 | | (E) "Complete" means accurately reflecting all the | 12 | | criminal history
record information about an individual that is | 13 | | required to be reported to
the Department pursuant to Section | 14 | | 2.1 of the Criminal Identification Act.
| 15 | | (F) "Conviction information" means data reflecting a | 16 | | judgment of guilt
or nolo contendere. The term includes all | 17 | | prior and subsequent criminal
history events directly relating | 18 | | to such judgments, such as, but not
limited to: (1) the | 19 | | notation of arrest; (2) the notation of charges filed;
(3) the | 20 | | sentence imposed; (4) the fine imposed; and (5) all related
| 21 | | probation, parole, and release information. Information ceases | 22 | | to be
"conviction information" when a judgment of guilt is | 23 | | reversed or vacated.
| 24 | | For purposes of this Act, continuances to a date certain in | 25 | | furtherance
of an order of supervision granted under Section | 26 | | 5-6-1 of the Unified Code
of Corrections or an order of |
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| 1 | | probation granted under either Section 10 of
the Cannabis | 2 | | Control Act, Section 410 of the Illinois Controlled
Substances | 3 | | Act, Section 70 of the Methamphetamine Control and Community | 4 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | 5 | | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | 6 | | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | 7 | | Dependency Act, Section
40-10 of the Alcoholism and Other Drug | 8 | | Abuse and Dependency Act, or Section
10 of the Steroid Control | 9 | | Act shall not be deemed "conviction information".
| 10 | | (G) "Criminal history record information" means data | 11 | | identifiable to an
individual , including information collected | 12 | | under Section 4.5 of the Criminal Identification Act, and | 13 | | consisting of descriptions or notations of arrests,
| 14 | | detentions, indictments, informations, pretrial proceedings, | 15 | | trials, or
other formal events in the criminal justice system | 16 | | or descriptions or
notations of criminal charges (including | 17 | | criminal violations of local
municipal ordinances) and the | 18 | | nature of any disposition arising therefrom,
including | 19 | | sentencing, court or correctional supervision, rehabilitation | 20 | | and
release. The term does not apply to statistical records and | 21 | | reports in
which individual are not identified and from which | 22 | | their identities are not
ascertainable, or to information that | 23 | | is for criminal investigative or
intelligence purposes.
| 24 | | (H) "Criminal justice agency" means (1) a government agency | 25 | | or any
subunit thereof which is authorized to administer the | 26 | | criminal laws and
which allocates a substantial part of its |
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| 1 | | annual budget for that purpose,
or (2) an agency supported by | 2 | | public funds which is authorized as its
principal function to | 3 | | administer the criminal laws and which is officially
designated | 4 | | by the Department as a criminal justice agency for purposes of
| 5 | | this Act.
| 6 | | (I) "The Department" means the Illinois Department of State | 7 | | Police.
| 8 | | (J) "Director" means the Director of the Illinois | 9 | | Department of State
Police.
| 10 | | (K) "Disseminate" means to disclose or transmit conviction | 11 | | information
in any form, oral, written, or otherwise.
| 12 | | (L) "Exigency" means pending danger or the threat of | 13 | | pending danger to
an individual or property.
| 14 | | (M) "Non-criminal justice agency" means a State agency, | 15 | | Federal agency,
or unit of local government that is not a | 16 | | criminal justice agency. The
term does not refer to private | 17 | | individuals, corporations, or
non-governmental agencies or | 18 | | organizations.
| 19 | | (M-5) "Request" means the submission to the Department, in | 20 | | the form and
manner required, the necessary data elements or | 21 | | fingerprints, or both, to allow
the Department to initiate a | 22 | | search of its criminal history record information
files.
| 23 | | (N) "Requester" means any private individual, corporation, | 24 | | organization,
employer, employment agency, labor organization, | 25 | | or non-criminal justice
agency that has made a request pursuant | 26 | | to this Act
to obtain
conviction information maintained in the |
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| 1 | | files of the Department of State
Police regarding a particular | 2 | | individual.
| 3 | | (O) "Statistical information" means data from which the | 4 | | identity of an
individual cannot be ascertained, | 5 | | reconstructed, or verified and to which
the identity of an | 6 | | individual cannot be linked by the recipient of the
| 7 | | information.
| 8 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 9 | | Section 15. The Illinois Criminal Justice Information Act | 10 | | is amended by changing Section 3 as follows:
| 11 | | (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
| 12 | | Sec. 3. Definitions. Whenever used in this Act, and for the | 13 | | purposes
of this Act unless the context clearly denotes | 14 | | otherwise:
| 15 | | (a) The term "criminal justice system" includes all | 16 | | activities by
public agencies pertaining to the prevention or
| 17 | | reduction of crime or enforcement of the criminal law, and | 18 | | particularly,
but without limitation, the prevention, | 19 | | detection, and investigation of
crime; the apprehension of | 20 | | offenders; the protection of victims and
witnesses; the | 21 | | administration of juvenile justice; the prosecution and
| 22 | | defense of criminal cases; the trial, conviction, and | 23 | | sentencing of
offenders; as well as the correction and | 24 | | rehabilitation of offenders,
which includes imprisonment, |
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| 1 | | probation, parole and treatment.
| 2 | | (b) The term "Authority" means the Illinois Criminal | 3 | | Justice Information
Authority created by this Act.
| 4 | | (c) The term "criminal justice information" means any and | 5 | | every type of
information that is collected, transmitted, or | 6 | | maintained by the criminal
justice system.
| 7 | | (d) The term "criminal history record information" means | 8 | | data
identifiable to an individual , including information | 9 | | collected under Section 4.5 of the Criminal Identification Act, | 10 | | and consisting of descriptions or notations
of arrests, | 11 | | detentions, indictments, informations, pre-trial proceedings,
| 12 | | trials, or other formal events in the criminal justice system | 13 | | or
descriptions or notations of criminal charges (including | 14 | | criminal
violations of local municipal ordinances) and the | 15 | | nature of any disposition
arising therefrom, including | 16 | | sentencing, court or correctional supervision,
rehabilitation, | 17 | | and release. The term does not apply to statistical
records and | 18 | | reports in which individuals are not identified and from which
| 19 | | their identities are not ascertainable, or to information that | 20 | | is for
criminal investigative or intelligence purposes.
| 21 | | (e) The term "unit of general local government" means any | 22 | | county,
municipality or other general purpose political | 23 | | subdivision of this State.
| 24 | | (Source: P.A. 85-653.)
| 25 | | Section 20. The Unified Code of Corrections is amended by |
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| 1 | | changing Sections 3-2.5-15, 3-5-1, and 3-5-3 as follows: | 2 | | (730 ILCS 5/3-2.5-15)
| 3 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 4 | | of duties of the Juvenile Division. | 5 | | (a) The Department of Juvenile Justice shall assume the | 6 | | rights, powers, duties, and responsibilities of the Juvenile | 7 | | Division of the Department of Corrections. Personnel, books, | 8 | | records, property, and unencumbered appropriations pertaining | 9 | | to the Juvenile Division of the Department of Corrections shall | 10 | | be transferred to the Department of Juvenile Justice on the | 11 | | effective date of this amendatory Act of the 94th General | 12 | | Assembly. Any rights of employees or the State under the | 13 | | Personnel Code or any other contract or plan shall be | 14 | | unaffected by this transfer. | 15 | | (b) Department of Juvenile Justice personnel who are hired | 16 | | by the Department on or after the effective date of this | 17 | | amendatory Act of the 94th General Assembly and who participate | 18 | | or assist in the rehabilitative and vocational training of | 19 | | delinquent youths, supervise the daily activities involving | 20 | | direct and continuing responsibility for the youth's security, | 21 | | welfare and development, or participate in the personal | 22 | | rehabilitation of delinquent youth by training, supervising, | 23 | | and assisting lower level personnel who perform these duties | 24 | | must be over the age of 21 and have a bachelor's or advanced | 25 | | degree from an accredited college or university with a |
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| 1 | | specialization in criminal justice, education, psychology, | 2 | | social work, or a closely related social science. This | 3 | | requirement shall not apply to security, clerical, food | 4 | | service, and maintenance staff that do not have direct and | 5 | | regular contact with youth. The degree requirements specified | 6 | | in this subsection (b) are not required of persons who provide | 7 | | vocational training and who have adequate knowledge in the | 8 | | skill for which they are providing the vocational training. | 9 | | (c) Subsection (b) of this Section does not apply to | 10 | | personnel transferred to the Department of Juvenile Justice on | 11 | | the effective date of this amendatory Act of the 94th General | 12 | | Assembly. | 13 | | (d) The Department shall be under the direction of the | 14 | | Director of Juvenile Justice as provided in this Code. | 15 | | (e) The Director shall organize divisions within the | 16 | | Department and shall assign functions, powers, duties, and | 17 | | personnel as required by law. The Director may create other | 18 | | divisions and may assign other functions, powers, duties, and | 19 | | personnel as may be necessary or desirable to carry out the | 20 | | functions and responsibilities vested by law in the Department. | 21 | | The Director may, with the approval of the Office of the | 22 | | Governor, assign to and share functions, powers, duties, and | 23 | | personnel with other State agencies such that administrative | 24 | | services and administrative facilities are provided by a shared | 25 | | administrative service center. Where possible, shared services | 26 | | which impact youth should be done with child-serving agencies. |
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| 1 | | These administrative services may include, but are not limited | 2 | | to, all of the following functions: budgeting, accounting | 3 | | related functions, auditing, human resources, legal, | 4 | | procurement, training, data collection and analysis, | 5 | | information technology, internal investigations, intelligence, | 6 | | legislative services, emergency response capability, statewide | 7 | | transportation services, and general office support. | 8 | | (f) The Department of Juvenile Justice may enter into | 9 | | intergovernmental cooperation agreements under which minors | 10 | | adjudicated delinquent and committed to the Department of | 11 | | Juvenile Justice may participate in county juvenile impact | 12 | | incarceration programs established under Section 3-6039 of the | 13 | | Counties Code.
| 14 | | (g) The Department of Juvenile Justice must comply with the | 15 | | ethnic and racial background data collection procedures | 16 | | provided in subsection (e) of Section 4.5 of the Criminal | 17 | | Identification Act. | 18 | | (Source: P.A. 96-1022, eff. 1-1-11.)
| 19 | | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| 20 | | Sec. 3-5-1. Master Record File.
| 21 | | (a) The Department of Corrections and the Department of | 22 | | Juvenile Justice shall
maintain a master record file on each | 23 | | person committed to it,
which shall contain the following | 24 | | information:
| 25 | | (1) all information from the committing court;
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| 1 | | (1.5) ethnic and racial background data collected in | 2 | | accordance with subsection (e) of Section 4.5 of the | 3 | | Criminal Identification Act;
| 4 | | (2) reception summary;
| 5 | | (3) evaluation and assignment reports and | 6 | | recommendations;
| 7 | | (4) reports as to program assignment and progress;
| 8 | | (5) reports of disciplinary infractions and | 9 | | disposition, including tickets and Administrative Review | 10 | | Board action;
| 11 | | (6) any parole plan;
| 12 | | (7) any parole reports;
| 13 | | (8) the date and circumstances of final discharge; | 14 | | (9) criminal history; | 15 | | (10) current and past gang affiliations and ranks; | 16 | | (11) information regarding associations and family | 17 | | relationships; | 18 | | (12) any grievances filed and responses to those | 19 | | grievances; and | 20 | | (13) other information that the respective Department | 21 | | determines is relevant to the secure confinement and | 22 | | rehabilitation of the committed person.
| 23 | | (b) All files shall be confidential and access shall be
| 24 | | limited to authorized personnel of the respective Department.
| 25 | | Personnel of other correctional, welfare or law enforcement
| 26 | | agencies may have access to files under rules and regulations
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| 1 | | of the respective Department. The respective Department shall | 2 | | keep a record of all
outside personnel who have access to | 3 | | files, the files reviewed,
any file material copied, and the | 4 | | purpose of access. If the
respective Department or the Prisoner | 5 | | Review Board makes a determination
under this Code which | 6 | | affects the length of the period of
confinement or commitment, | 7 | | the committed person and his counsel
shall be advised of | 8 | | factual information relied upon by the
respective Department or | 9 | | Board to make the determination, provided that
the Department | 10 | | or Board shall not be required to advise a
person committed to | 11 | | the Department of Juvenile Justice any such information
which | 12 | | in the opinion of the Department of Juvenile Justice or Board | 13 | | would be
detrimental to his treatment or rehabilitation.
| 14 | | (c) The master file shall be maintained at a place
| 15 | | convenient to its use by personnel of the respective Department | 16 | | in
charge of the person. When custody of a person is | 17 | | transferred
from the Department to another department or | 18 | | agency, a
summary of the file shall be forwarded to the | 19 | | receiving
agency with such other information required by law or
| 20 | | requested by the agency under rules and regulations of the
| 21 | | respective Department.
| 22 | | (d) The master file of a person no longer in the custody
of | 23 | | the respective Department shall be placed on inactive status | 24 | | and its
use shall be restricted subject to rules and | 25 | | regulations of
the Department.
| 26 | | (e) All public agencies may make available to the
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| 1 | | respective Department on request any factual data not otherwise
| 2 | | privileged as a matter of law in their possession in respect
to | 3 | | individuals committed to the respective Department.
| 4 | | (Source: P.A. 97-696, eff. 6-22-12.)
| 5 | | (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
| 6 | | Sec. 3-5-3. Annual and other Reports.
| 7 | | (a) The Director shall make an annual report to the | 8 | | Governor and General Assembly concerning persons committed to | 9 | | the Department, its
institutions, facilities and programs, of | 10 | | all moneys expended and received,
and on what accounts expended | 11 | | and received. The report shall include the ethnic and racial | 12 | | background data, not identifiable to an individual, of all | 13 | | persons committed to the Department, its institutions, | 14 | | facilities, and programs.
| 15 | | (b) (Blank).
| 16 | | (c) The Director may require such reports from division | 17 | | administrators,
chief administrative officers and other | 18 | | personnel as he deems necessary for
the administration of the | 19 | | Department.
| 20 | | (d) (Blank).
| 21 | | (Source: P.A. 97-800, eff. 7-13-12.)
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2014.
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