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91_HB2562
LRB9104937RCks
1 AN ACT in relation to prison records.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
6 (5 ILCS 140/7) (from Ch. 116, par. 207)
7 Sec. 7. Exemptions.
8 (1) The following shall be exempt from inspection and
9 copying:
10 (a) Information specifically prohibited from
11 disclosure by federal or State law or rules and
12 regulations adopted under federal or State law.
13 (b) Information that, if disclosed, would
14 constitute a clearly unwarranted invasion of personal
15 privacy, unless the disclosure is consented to in writing
16 by the individual subjects of the information. The
17 disclosure of information that bears on the public duties
18 of public employees and officials shall not be considered
19 an invasion of personal privacy. Information exempted
20 under this subsection (b) shall include but is not
21 limited to:
22 (i) files and personal information maintained
23 with respect to clients, patients, residents,
24 students or other individuals receiving social,
25 medical, educational, vocational, financial,
26 supervisory or custodial care or services directly
27 or indirectly from federal agencies or public
28 bodies;
29 (ii) personnel files and personal information
30 maintained with respect to employees, appointees or
31 elected officials of any public body or applicants
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1 for those positions;
2 (iii) files and personal information
3 maintained with respect to any applicant, registrant
4 or licensee by any public body cooperating with or
5 engaged in professional or occupational
6 registration, licensure or discipline;
7 (iv) information required of any taxpayer in
8 connection with the assessment or collection of any
9 tax unless disclosure is otherwise required by State
10 statute; and
11 (v) information revealing the identity of
12 persons who file complaints with or provide
13 information to administrative, investigative, law
14 enforcement or penal agencies; provided, however,
15 that identification of witnesses to traffic
16 accidents, traffic accident reports, and rescue
17 reports may be provided by agencies of local
18 government, except in a case for which a criminal
19 investigation is ongoing, without constituting a
20 clearly unwarranted per se invasion of personal
21 privacy under this subsection.
22 (c) Records compiled by any public body for
23 administrative enforcement proceedings and any law
24 enforcement or correctional agency for law enforcement
25 purposes or for internal matters of a public body, but
26 only to the extent that disclosure would:
27 (i) interfere with pending or actually and
28 reasonably contemplated law enforcement proceedings
29 conducted by any law enforcement or correctional
30 agency;
31 (ii) interfere with pending administrative
32 enforcement proceedings conducted by any public
33 body;
34 (iii) deprive a person of a fair trial or an
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1 impartial hearing;
2 (iv) unavoidably disclose the identity of a
3 confidential source or confidential information
4 furnished only by the confidential source;
5 (v) disclose unique or specialized
6 investigative techniques other than those generally
7 used and known or disclose internal documents of
8 correctional agencies related to detection,
9 observation or investigation of incidents of crime
10 or misconduct;
11 (vi) constitute an invasion of personal
12 privacy under subsection (b) of this Section;
13 (vii) endanger the life or physical safety of
14 law enforcement personnel or any other person; or
15 (viii) obstruct an ongoing criminal
16 investigation.
17 Notwithstanding the provisions of this paragraph
18 (c), records of persons committed to the Department of
19 Corrections may be made available to probation officers,
20 State's Attorneys, law enforcement officers, and the
21 courts and may be used as factors in aggravation and
22 mitigation in subsequent sentencing. A certified copy of
23 the record is sufficient for introduction of the record
24 in court.
25 (d) Criminal history record information maintained
26 by State or local criminal justice agencies, except the
27 following which shall be open for public inspection and
28 copying:
29 (i) chronologically maintained arrest
30 information, such as traditional arrest logs or
31 blotters;
32 (ii) the name of a person in the custody of a
33 law enforcement agency and the charges for which
34 that person is being held;
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1 (iii) court records that are public;
2 (iv) records that are otherwise available
3 under State or local law; or
4 (v) records in which the requesting party is
5 the individual identified, except as provided under
6 part (vii) of paragraph (c) of subsection (1) of
7 this Section.
8 "Criminal history record information" means data
9 identifiable to an individual and consisting of
10 descriptions or notations of arrests, detentions,
11 indictments, informations, pre-trial proceedings, trials,
12 or other formal events in the criminal justice system or
13 descriptions or notations of criminal charges (including
14 criminal violations of local municipal ordinances) and
15 the nature of any disposition arising therefrom,
16 including sentencing, court or correctional supervision,
17 rehabilitation and release. The term does not apply to
18 statistical records and reports in which individuals are
19 not identified and from which their identities are not
20 ascertainable, or to information that is for criminal
21 investigative or intelligence purposes.
22 (e) Records that relate to or affect the security
23 of correctional institutions and detention facilities.
24 (f) Preliminary drafts, notes, recommendations,
25 memoranda and other records in which opinions are
26 expressed, or policies or actions are formulated, except
27 that a specific record or relevant portion of a record
28 shall not be exempt when the record is publicly cited and
29 identified by the head of the public body. The exemption
30 provided in this paragraph (f) extends to all those
31 records of officers and agencies of the General Assembly
32 that pertain to the preparation of legislative documents.
33 (g) Trade secrets and commercial or financial
34 information obtained from a person or business where the
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1 trade secrets or information are proprietary, privileged
2 or confidential, or where disclosure of the trade secrets
3 or information may cause competitive harm, including all
4 information determined to be confidential under Section
5 4002 of the Technology Advancement and Development Act.
6 Nothing contained in this paragraph (g) shall be
7 construed to prevent a person or business from consenting
8 to disclosure.
9 (h) Proposals and bids for any contract, grant, or
10 agreement, including information which if it were
11 disclosed would frustrate procurement or give an
12 advantage to any person proposing to enter into a
13 contractor agreement with the body, until an award or
14 final selection is made. Information prepared by or for
15 the body in preparation of a bid solicitation shall be
16 exempt until an award or final selection is made.
17 (i) Valuable formulae, designs, drawings and
18 research data obtained or produced by any public body
19 when disclosure could reasonably be expected to produce
20 private gain or public loss.
21 (j) Test questions, scoring keys and other
22 examination data used to administer an academic
23 examination or determined the qualifications of an
24 applicant for a license or employment.
25 (k) Architects' plans and engineers' technical
26 submissions for projects not constructed or developed in
27 whole or in part with public funds and for projects
28 constructed or developed with public funds, to the extent
29 that disclosure would compromise security.
30 (l) Library circulation and order records
31 identifying library users with specific materials.
32 (m) Minutes of meetings of public bodies closed to
33 the public as provided in the Open Meetings Act until the
34 public body makes the minutes available to the public
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1 under Section 2.06 of the Open Meetings Act.
2 (n) Communications between a public body and an
3 attorney or auditor representing the public body that
4 would not be subject to discovery in litigation, and
5 materials prepared or compiled by or for a public body in
6 anticipation of a criminal, civil or administrative
7 proceeding upon the request of an attorney advising the
8 public body, and materials prepared or compiled with
9 respect to internal audits of public bodies.
10 (o) Information received by a primary or secondary
11 school, college or university under its procedures for
12 the evaluation of faculty members by their academic
13 peers.
14 (p) Administrative or technical information
15 associated with automated data processing operations,
16 including but not limited to software, operating
17 protocols, computer program abstracts, file layouts,
18 source listings, object modules, load modules, user
19 guides, documentation pertaining to all logical and
20 physical design of computerized systems, employee
21 manuals, and any other information that, if disclosed,
22 would jeopardize the security of the system or its data
23 or the security of materials exempt under this Section.
24 (q) Documents or materials relating to collective
25 negotiating matters between public bodies and their
26 employees or representatives, except that any final
27 contract or agreement shall be subject to inspection and
28 copying.
29 (r) Drafts, notes, recommendations and memoranda
30 pertaining to the financing and marketing transactions of
31 the public body. The records of ownership, registration,
32 transfer, and exchange of municipal debt obligations, and
33 of persons to whom payment with respect to these
34 obligations is made.
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1 (s) The records, documents and information relating
2 to real estate purchase negotiations until those
3 negotiations have been completed or otherwise terminated.
4 With regard to a parcel involved in a pending or actually
5 and reasonably contemplated eminent domain proceeding
6 under Article VII of the Code of Civil Procedure,
7 records, documents and information relating to that
8 parcel shall be exempt except as may be allowed under
9 discovery rules adopted by the Illinois Supreme Court.
10 The records, documents and information relating to a real
11 estate sale shall be exempt until a sale is consummated.
12 (t) Any and all proprietary information and records
13 related to the operation of an intergovernmental risk
14 management association or self-insurance pool or jointly
15 self-administered health and accident cooperative or
16 pool.
17 (u) Information concerning a university's
18 adjudication of student or employee grievance or
19 disciplinary cases, to the extent that disclosure would
20 reveal the identity of the student or employee and
21 information concerning any public body's adjudication of
22 student or employee grievances or disciplinary cases,
23 except for the final outcome of the cases.
24 (v) Course materials or research materials used by
25 faculty members.
26 (w) Information related solely to the internal
27 personnel rules and practices of a public body.
28 (x) Information contained in or related to
29 examination, operating, or condition reports prepared by,
30 on behalf of, or for the use of a public body responsible
31 for the regulation or supervision of financial
32 institutions or insurance companies, unless disclosure is
33 otherwise required by State law.
34 (y) Information the disclosure of which is
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1 restricted under Section 5-108 of the Public Utilities
2 Act.
3 (z) Manuals or instruction to staff that relate to
4 establishment or collection of liability for any State
5 tax or that relate to investigations by a public body to
6 determine violation of any criminal law.
7 (aa) Applications, related documents, and medical
8 records received by the Experimental Organ
9 Transplantation Procedures Board and any and all
10 documents or other records prepared by the Experimental
11 Organ Transplantation Procedures Board or its staff
12 relating to applications it has received.
13 (bb) Insurance or self insurance (including any
14 intergovernmental risk management association or self
15 insurance pool) claims, loss or risk management
16 information, records, data, advice or communications.
17 (cc) Information and records held by the Department
18 of Public Health and its authorized representatives
19 relating to known or suspected cases of sexually
20 transmissible disease or any information the disclosure
21 of which is restricted under the Illinois Sexually
22 Transmissible Disease Control Act.
23 (dd) Information the disclosure of which is
24 exempted under Section 30 of the Radon Industry Licensing
25 Act.
26 (ee) Firm performance evaluations under Section 55
27 of the Architectural, Engineering, and Land Surveying
28 Qualifications Based Selection Act.
29 (ff) Security portions of system safety program
30 plans, investigation reports, surveys, schedules, lists,
31 data, or information compiled, collected, or prepared by
32 or for the Regional Transportation Authority under
33 Section 2.11 of the Regional Transportation Authority Act
34 or the State of Missouri under the Bi-State Transit
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1 Safety Act.
2 (gg) Information the disclosure of which is
3 restricted and exempted under Section 50 of the Illinois
4 Prepaid Tuition Act.
5 (hh) Information the disclosure of which is
6 exempted under Section 80 of the State Gift Ban Act.
7 (ii) Beginning July 1, 1999, (hh) information that
8 would disclose or might lead to the disclosure of secret
9 or confidential information, codes, algorithms, programs,
10 or private keys intended to be used to create electronic
11 or digital signatures under the Electronic Commerce
12 Security Act.
13 (2) This Section does not authorize withholding of
14 information or limit the availability of records to the
15 public, except as stated in this Section or otherwise
16 provided in this Act.
17 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
18 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
19 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
20 Section 10. The Unified Code of Corrections is amended
21 by changing Section 3-5-1 as follows:
22 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
23 Sec. 3-5-1. Master Record File.
24 (a) The Department shall maintain a master record file
25 on each person committed to it, which shall contain the
26 following information:
27 (1) all information from the committing court;
28 (2) reception summary;
29 (3) evaluation and assignment reports and
30 recommendations;
31 (4) reports as to program assignment and progress;
32 (5) reports of disciplinary infractions and
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1 disposition;
2 (6) any parole plan;
3 (7) any parole reports;
4 (8) the date and circumstances of final discharge;
5 and any other pertinent data concerning the person's
6 background, conduct, associations and family
7 relationships as may be required by the Department. A
8 current summary index shall be maintained on each file
9 which shall include the person's known active and past
10 gang affiliations and ranks.
11 (b) All files shall be confidential and access shall be
12 limited to authorized personnel of the Department, law
13 enforcement agencies, probation officers, State's Attorneys,
14 and the court. Personnel of other correctional, welfare or
15 law enforcement agencies may have access to files under rules
16 and regulations of the Department. The Department shall keep
17 a record of all outside personnel who have access to files,
18 the files reviewed, any file material copied, and the purpose
19 of access. If the Department or the Prisoner Review Board
20 makes a determination under this Code which affects the
21 length of the period of confinement or commitment, the
22 committed person and his counsel shall be advised of factual
23 information relied upon by the Department or Board to make
24 the determination, provided that the Department or Board
25 shall not be required to advise a person committed to the
26 Juvenile Division any such information which in the opinion
27 of the Department or Board would be detrimental to his
28 treatment or rehabilitation.
29 (c) The master file shall be maintained at a place
30 convenient to its use by personnel of the Department in
31 charge of the person. When custody of a person is transferred
32 from the Department to another department or agency, a
33 summary of the file shall be forwarded to the receiving
34 agency with such other information required by law or
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1 requested by the agency under rules and regulations of the
2 Department.
3 (d) The master file of a person no longer in the custody
4 of the Department shall be placed on inactive status and its
5 use shall be restricted subject to rules and regulations of
6 the Department.
7 (e) All public agencies may make available to the
8 Department on request any factual data not otherwise
9 privileged as a matter of law in their possession in respect
10 to individuals committed to the Department.
11 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)