Public Act 097-0696
 
HB4590 EnrolledLRB097 16885 RLC 62072 b


  
    AN ACT concerning corrections.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-5-1 as follows:
 


    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)



    Sec. 3-5-1. Master Record File. 

    (a) The Department of Corrections and the Department of 
Juvenile Justice shall
maintain a master record file on each 
person committed to it,
which shall contain the following 
information:


        (1) all information from the committing court;


        (2) reception summary;


        (3) evaluation and assignment reports and 
    recommendations;


        (4) reports as to program assignment and progress;


        (5) reports of disciplinary infractions and 
    disposition, including tickets and Administrative Review 
    Board action;


        (6) any parole plan;


        (7) any parole reports;


        (8) the date and circumstances of final discharge; 
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family 
    relationships;
        (12) any grievances filed and responses to those 
    grievances; and
        (13) other information that the respective Department 
    determines is relevant to the secure confinement and 
    rehabilitation of the committed person and any
other 
    pertinent data concerning the person's background,

    conduct, associations and family relationships as may be

    required by the respective Department. A current summary 
    index shall be
maintained on each file which shall include 
    the person's known active and
past
gang affiliations and 
    ranks.

    (b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall 
keep a record of all
outside personnel who have access to 
files, the files reviewed,
any file material copied, and the 
purpose of access. If the
respective Department or the Prisoner 
Review Board makes a determination
under this Code which 
affects the length of the period of
confinement or commitment, 
the committed person and his counsel
shall be advised of 
factual information relied upon by the
respective Department or 
Board to make the determination, provided that
the Department 
or Board shall not be required to advise a
person committed to 
the Department of Juvenile Justice any such information
which 
in the opinion of the Department of Juvenile Justice or Board 
would be
detrimental to his treatment or rehabilitation.

    (c) The master file shall be maintained at a place

convenient to its use by personnel of the respective Department 
in
charge of the person. When custody of a person is 
transferred
from the Department to another department or 
agency, a
summary of the file shall be forwarded to the 
receiving
agency with such other information required by law or

requested by the agency under rules and regulations of the

respective Department.

    (d) The master file of a person no longer in the custody
of 
the respective Department shall be placed on inactive status 
and its
use shall be restricted subject to rules and 
regulations of
the Department.

    (e) All public agencies may make available to the

respective Department on request any factual data not otherwise

privileged as a matter of law in their possession in respect
to 
individuals committed to the respective Department.

(Source: P.A. 94-696, eff. 6-1-06.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.