Illinois General Assembly - Full Text of Public Act 098-0528
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Public Act 098-0528


 

Public Act 0528 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0528
 
SB1598 EnrolledLRB098 10198 MRW 40357 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Identification Act is amended by
changing Section 5 and by adding Section 4.5 as follows:
 
    (20 ILCS 2630/4.5 new)
    Sec. 4.5. Ethnic and racial data collection.
    (a) Ethnic and racial data for every adult or juvenile
arrested shall be collected at the following points of contact
by the entity identified in this subsection or another entity
authorized and qualified to collect and report on this data:
        (1) at arrest or booking, by the supervising law
    enforcement agency;
        (2) upon admittance to the Department of Corrections,
    by the Department of Corrections;
        (3) upon admittance to the Department of Juvenile
    Justice, by the Department of Juvenile Justice; and
        (3) upon transfer from the Department of Juvenile
    Justice to the Department of Corrections, by the Department
    of Juvenile Justice.
        
    (b) Ethnic and racial data shall be collected through
selection of one of the following categories:
        (1) American Indian or Alaskan Native;
        (2) Asian or Pacific Islander;
        (3) Black or African American;
        (4) White or Caucasian;
        (5) Hispanic or Latino; or
        (6) Unknown.
    (c) The collecting entity shall make a good-faith effort to
collect race and ethnicity information as self-reported by the
adult or juvenile. If the adult or juvenile is unable or
unwilling to provide race and ethnicity information, the
collecting entity shall make a good-faith effort to deduce the
race and ethnicity of the adult or juvenile.
 
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
    Sec. 5. Arrest reports. All policing bodies of this State
shall furnish to the Department, daily, in the form and detail
the Department requires, fingerprints, and descriptions, and
ethnic and racial background data as provided in Section 4.5 of
this Act of all persons who are arrested on charges of
violating any penal statute of this State for offenses that are
classified as felonies and Class A or B misdemeanors and of all
minors of the age of 10 and over who have been arrested for an
offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors
arrested for Class A or B misdemeanors. Moving or nonmoving
traffic violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section 11-204.1,
or Section 11-501 of that Code. In addition, conservation
offenses, as defined in the Supreme Court Rule 501(c), that are
classified as Class B misdemeanors shall not be reported. Those
law enforcement records maintained by the Department for minors
arrested for an offense prior to their 17th birthday, or minors
arrested for a non-felony offense, if committed by an adult,
prior to their 18th birthday, shall not be forwarded to the
Federal Bureau of Investigation unless those records relate to
an arrest in which a minor was charged as an adult under any of
the transfer provisions of the Juvenile Court Act of 1987.
(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;
96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff.
7-2-10.)
 
    Section 10. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
 
    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
    Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
    (A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
    (B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, or the
collection, maintenance or dissemination of criminal history
record information.
    (C) "The Authority" means the Illinois Criminal Justice
Information Authority.
    (D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
    (E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
    (F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
    For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal Code of
2012, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid Control
Act shall not be deemed "conviction information".
    (G) "Criminal history record information" means data
identifiable to an individual, including information collected
under Section 4.5 of the Criminal Identification Act, and
consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation
and release. The term does not apply to statistical records and
reports in which individual are not identified and from which
their identities are not ascertainable, or to information that
is for criminal investigative or intelligence purposes.
    (H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
    (I) "The Department" means the Illinois Department of State
Police.
    (J) "Director" means the Director of the Illinois
Department of State Police.
    (K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
    (L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
    (M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
    (M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
    (N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
    (O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
    Section 15. The Illinois Criminal Justice Information Act
is amended by changing Section 3 as follows:
 
    (20 ILCS 3930/3)  (from Ch. 38, par. 210-3)
    Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act unless the context clearly denotes
otherwise:
    (a) The term "criminal justice system" includes all
activities by public agencies pertaining to the prevention or
reduction of crime or enforcement of the criminal law, and
particularly, but without limitation, the prevention,
detection, and investigation of crime; the apprehension of
offenders; the protection of victims and witnesses; the
administration of juvenile justice; the prosecution and
defense of criminal cases; the trial, conviction, and
sentencing of offenders; as well as the correction and
rehabilitation of offenders, which includes imprisonment,
probation, parole and treatment.
    (b) The term "Authority" means the Illinois Criminal
Justice Information Authority created by this Act.
    (c) The term "criminal justice information" means any and
every type of information that is collected, transmitted, or
maintained by the criminal justice system.
    (d) The term "criminal history record information" means
data identifiable to an individual, including information
collected under Section 4.5 of the Criminal Identification Act,
and consisting of descriptions or notations of arrests,
detentions, indictments, informations, pre-trial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation,
and release. The term does not apply to statistical records and
reports in which individuals are not identified and from which
their identities are not ascertainable, or to information that
is for criminal investigative or intelligence purposes.
    (e) The term "unit of general local government" means any
county, municipality or other general purpose political
subdivision of this State.
(Source: P.A. 85-653.)
 
    Section 20. The Unified Code of Corrections is amended by
changing Sections 3-2.5-15, 3-5-1, and 3-5-3 as follows:
 
    (730 ILCS 5/3-2.5-15)
    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the
rights, powers, duties, and responsibilities of the Juvenile
Division of the Department of Corrections. Personnel, books,
records, property, and unencumbered appropriations pertaining
to the Juvenile Division of the Department of Corrections shall
be transferred to the Department of Juvenile Justice on the
effective date of this amendatory Act of the 94th General
Assembly. Any rights of employees or the State under the
Personnel Code or any other contract or plan shall be
unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired
by the Department on or after the effective date of this
amendatory Act of the 94th General Assembly and who participate
or assist in the rehabilitative and vocational training of
delinquent youths, supervise the daily activities involving
direct and continuing responsibility for the youth's security,
welfare and development, or participate in the personal
rehabilitation of delinquent youth by training, supervising,
and assisting lower level personnel who perform these duties
must be over the age of 21 and have a bachelor's or advanced
degree from an accredited college or university with a
specialization in criminal justice, education, psychology,
social work, or a closely related social science. This
requirement shall not apply to security, clerical, food
service, and maintenance staff that do not have direct and
regular contact with youth. The degree requirements specified
in this subsection (b) are not required of persons who provide
vocational training and who have adequate knowledge in the
skill for which they are providing the vocational training.
    (c) Subsection (b) of this Section does not apply to
personnel transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly.
    (d) The Department shall be under the direction of the
Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the
Department and shall assign functions, powers, duties, and
personnel as required by law. The Director may create other
divisions and may assign other functions, powers, duties, and
personnel as may be necessary or desirable to carry out the
functions and responsibilities vested by law in the Department.
The Director may, with the approval of the Office of the
Governor, assign to and share functions, powers, duties, and
personnel with other State agencies such that administrative
services and administrative facilities are provided by a shared
administrative service center. Where possible, shared services
which impact youth should be done with child-serving agencies.
These administrative services may include, but are not limited
to, all of the following functions: budgeting, accounting
related functions, auditing, human resources, legal,
procurement, training, data collection and analysis,
information technology, internal investigations, intelligence,
legislative services, emergency response capability, statewide
transportation services, and general office support.
    (f) The Department of Juvenile Justice may enter into
intergovernmental cooperation agreements under which minors
adjudicated delinquent and committed to the Department of
Juvenile Justice may participate in county juvenile impact
incarceration programs established under Section 3-6039 of the
Counties Code.
    (g) The Department of Juvenile Justice must comply with the
ethnic and racial background data collection procedures
provided in Section 4.5 of the Criminal Identification Act.
(Source: P.A. 96-1022, eff. 1-1-11.)
 
    (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;
        (1.5) ethnic and racial background data collected in
    accordance with Section 4.5 of the Criminal Identification
    Act;
        (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.
    (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. 97-696, eff. 6-22-12.)
 
    (730 ILCS 5/3-5-3)  (from Ch. 38, par. 1003-5-3)
    Sec. 3-5-3. Annual and other Reports.
    (a) The Director shall make an annual report to the
Governor and General Assembly concerning persons committed to
the Department, its institutions, facilities and programs, of
all moneys expended and received, and on what accounts expended
and received. The report shall include the ethnic and racial
background data, not identifiable to an individual, of all
persons committed to the Department, its institutions,
facilities, and programs.
    (b) (Blank).
    (c) The Director may require such reports from division
administrators, chief administrative officers and other
personnel as he deems necessary for the administration of the
Department.
    (d) (Blank).
(Source: P.A. 97-800, eff. 7-13-12.)
 
    Section 99. Effective date. This Act takes effect January
1, 2015.

Effective Date: 1/1/2015