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


Sen. Rachel Ventura

Filed: 3/30/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 422 by replacing
3everything after the enacting clause with the following:
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;



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1        (3) evaluation and assignment reports and
2    recommendations;
3        (4) reports as to program assignment and progress;
4        (5) reports of disciplinary infractions and
5    disposition, including tickets and Administrative Review
6    Board action;
7        (6) any parole or aftercare release plan;
8        (7) any parole or aftercare release reports;
9        (8) the date and circumstances of final discharge;
10        (9) criminal history;
11        (10) current and past gang affiliations and ranks;
12        (11) information regarding associations and family
13    relationships;
14        (12) any grievances filed and responses to those
15    grievances; and
16        (13) other information that the respective Department
17    determines is relevant to the secure confinement and
18    rehabilitation of the committed person; .
19        (14) the last known address provided by the person
20    committed; and
21        (15) all medical and dental records.
22    (b) All files shall be confidential and access shall be
23limited to authorized personnel of the respective Department
24or by disclosure in accordance with a court order or subpoena.
25Personnel of other correctional, welfare or law enforcement
26agencies may have access to files under rules and regulations



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1of the respective Department. The respective Department shall
2keep a record of all outside personnel who have access to
3files, the files reviewed, any file material copied, and the
4purpose of access. If the respective Department or the
5Prisoner Review Board makes a determination under this Code
6which affects the length of the period of confinement or
7commitment, the committed person and his counsel shall be
8advised of factual information relied upon by the respective
9Department or Board to make the determination, provided that
10the Department or Board shall not be required to advise a
11person committed to the Department of Juvenile Justice any
12such information which in the opinion of the Department of
13Juvenile Justice or Board would be detrimental to his
14treatment or rehabilitation.
15    (c) The master file shall be maintained at a place
16convenient to its use by personnel of the respective
17Department in charge of the person. When custody of a person is
18transferred from the Department to another department or
19agency, a summary of the file shall be forwarded to the
20receiving agency with such other information required by law
21or requested by the agency under rules and regulations of the
22respective Department.
23    (d) The master file of a person no longer in the custody of
24the respective Department shall be placed on inactive status
25and its use shall be restricted subject to rules and
26regulations of the Department.



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1    (e) All public agencies may make available to the
2respective Department on request any factual data not
3otherwise privileged as a matter of law in their possession in
4respect to individuals committed to the respective Department.
5    (f) A committed person may request a summary of the
6committed person's master record file once per year and the
7committed person's attorney may request one summary of the
8committed person's master record file once per year. The
9Department shall create a form for requesting this summary,
10and shall make that form available to committed persons and to
11the public on its website. Upon receipt of the request form,
12the Department shall provide the summary within 15 days. The
13summary must contain, unless otherwise prohibited by law:
14        (1) the person's name, ethnic, racial, and other
15    identifying information;
16        (2) all digitally available information from the
17    committing court;
18        (3) all information in the Offender 360 system on the
19    person's criminal history;
20        (4) the person's complete assignment history in the
21    Department of Corrections;
22        (5) the person's disciplinary card;
23        (6) additional records about up to 3 specific
24    disciplinary incidents as identified by the requester;
25        (7) any available records about up to 5 specific
26    grievances filed by the person, as identified by the



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1    requester; and
2        (8) the records of all grievances filed on or after
3    January 1, 2023.
4    Notwithstanding any provision of this subsection (f) to
5the contrary, a committed person's master record file is not
6subject to disclosure and copying under the Freedom of
7Information Act.
8    (g) Subject to appropriation, on or before July 1, 2025,
9the Department of Corrections shall digitalize all newly
10committed persons' master record files who become incarcerated
11and all other new information that the Department maintains
12concerning its correctional institutions, facilities, and
13individuals incarcerated.
14    (h) Subject to appropriation, on or before July 1, 2027,
15the Department of Corrections shall digitalize all medical and
16dental records in the master record files and all other
17information that the Department maintains concerning its
18correctional institutions and facilities in relation to
19medical records, dental records, and medical and dental needs
20of committed persons.
21    (i) Subject to appropriation, on or before July 1, 2029,
22the Department of Corrections shall digitalize all information
23in the master record files and all other information that the
24Department maintains concerning its correctional institutions
25and facilities.
26    (j) The Department of Corrections shall adopt rules to



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1implement subsections (g), (h), and (i) if appropriations are
2available to implement these provisions.
3    (k) Subject to appropriation, the Department of
4Corrections, in consultation with the Department of Innovation
5and Technology, shall conduct a study on the best way to
6digitize all Department of Corrections records and the impact
7of that digitizing on State agencies, including the impact on
8the Department of Innovation and Technology. The study shall
9be completed on or before January 1, 2024.
10(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
11revised 12-14-22.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".