Full Text of SB0422 103rd General Assembly
SB0422enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | Juvenile Justice shall
maintain a master record file on each | 10 | | person committed to it,
which shall contain the following | 11 | | information:
| 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;
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| 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
| 16 | | limited to authorized personnel of the respective Department | 17 | | or by disclosure in accordance with a court order or subpoena.
| 18 | | Personnel of other correctional, welfare or law enforcement
| 19 | | agencies may have access to files under rules and regulations
| 20 | | of the respective Department. The respective Department shall | 21 | | keep a record of all
outside personnel who have access to | 22 | | files, the files reviewed,
any file material copied, and the | 23 | | purpose of access. If the
respective Department or the | 24 | | Prisoner Review Board makes a determination
under this Code | 25 | | which affects the length of the period of
confinement or | 26 | | commitment, the committed person and his counsel
shall be |
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| 1 | | advised of factual information relied upon by the
respective | 2 | | Department or Board to make the determination, provided that
| 3 | | the Department or Board shall not be required to advise a
| 4 | | person committed to the Department of Juvenile Justice any | 5 | | such information
which in the opinion of the Department of | 6 | | Juvenile Justice or Board would be
detrimental to his | 7 | | treatment or rehabilitation.
| 8 | | (c) The master file shall be maintained at a place
| 9 | | convenient to its use by personnel of the respective | 10 | | Department in
charge of the person. When custody of a person is | 11 | | transferred
from the Department to another department or | 12 | | agency, a
summary of the file shall be forwarded to the | 13 | | receiving
agency with such other information required by law | 14 | | or
requested by the agency under rules and regulations of the
| 15 | | respective Department.
| 16 | | (d) The master file of a person no longer in the custody
of | 17 | | the respective Department shall be placed on inactive status | 18 | | and its
use shall be restricted subject to rules and | 19 | | regulations of
the Department.
| 20 | | (e) All public agencies may make available to the
| 21 | | respective Department on request any factual data not | 22 | | otherwise
privileged as a matter of law in their possession in | 23 | | respect
to individuals committed to the respective Department.
| 24 | | (f) A committed person may request a summary of the | 25 | | committed person's master record file once per year and the | 26 | | committed person's attorney may request one summary of the |
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| 1 | | committed person's master record file once per year. The | 2 | | Department shall create a form for requesting this summary, | 3 | | and shall make that form available to committed persons and to | 4 | | the public on its website. Upon receipt of the request form, | 5 | | the Department shall provide the summary within 15 days. The | 6 | | summary 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 | 24 | | the contrary, a committed person's master record file is not | 25 | | subject to disclosure and copying under the Freedom of | 26 | | Information Act. |
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| 1 | | (g) Subject to appropriation, on or before July 1, 2025, | 2 | | the Department of Corrections shall digitalize all newly | 3 | | committed persons' master record files who
become incarcerated | 4 | | and all other new information that the Department maintains | 5 | | concerning its correctional
institutions, facilities, and | 6 | | individuals incarcerated. | 7 | | (h) Subject to appropriation, on or before July 1, 2027, | 8 | | the Department of Corrections shall digitalize all medical and | 9 | | dental records in the master
record files and all other | 10 | | information that the Department maintains concerning its | 11 | | correctional institutions
and facilities in relation to | 12 | | medical records, dental records, and medical and dental needs | 13 | | of committed persons. | 14 | | (i) Subject to appropriation, on or before July 1, 2029, | 15 | | the Department of Corrections shall digitalize all information | 16 | | in the master record
files and all other information that the | 17 | | Department
maintains concerning its correctional institutions | 18 | | and facilities. | 19 | | (j) The Department of Corrections shall adopt rules to | 20 | | implement subsections (g), (h), and (i) if appropriations are | 21 | | available to implement these provisions. | 22 | | (k) Subject to appropriation, the Department of | 23 | | Corrections, in consultation with the Department of Innovation | 24 | | and Technology, shall conduct a study on the best way to | 25 | | digitize all Department of Corrections records and the impact | 26 | | of that digitizing on State agencies, including the impact on |
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| 1 | | the Department of Innovation and Technology. The study shall | 2 | | be completed on or before January 1, 2024. | 3 | | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | 4 | | revised 12-14-22.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
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