Public Act 103-0071
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Public Act 103-0071 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-5-1 as follows:
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(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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Sec. 3-5-1. Master Record File.
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(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:
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(1) all information from the committing court;
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(1.5) ethnic and racial background data collected in | ||||
accordance with Section 4.5 of the Criminal Identification | ||||
Act; | ||||
(2) reception summary;
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(3) evaluation and assignment reports and | ||||
recommendations;
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(4) reports as to program assignment and progress;
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(5) reports of disciplinary infractions and | ||||
disposition, including tickets and Administrative Review | ||||
Board action;
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(6) any parole or aftercare release plan;
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(7) any parole or aftercare release reports;
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(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 ; .
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(14) the last known address provided by the person | ||
committed; and | ||
(15) all medical and dental records. | ||
(b) All files shall be confidential and access shall be
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limited to authorized personnel of the respective Department | ||
or by disclosure in accordance with a court order or subpoena.
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Personnel of other correctional, welfare or law enforcement
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agencies may have access to files under rules and regulations
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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
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the Department or Board shall not be required to advise a
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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.
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(c) The master file shall be maintained at a place
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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
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respective Department.
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(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.
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(e) All public agencies may make available to the
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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.
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(f) A committed person may request a summary of the | ||
committed person's master record file once per year and the | ||
committed person's attorney may request one summary of the |
committed person's master record file once per year. The | ||
Department shall create a form for requesting this summary, | ||
and shall make that form available to committed persons and to | ||
the public on its website. Upon receipt of the request form, | ||
the Department shall provide the summary within 15 days. The | ||
summary must contain, unless otherwise prohibited by law: | ||
(1) the person's name, ethnic, racial, and other | ||
identifying information; | ||
(2) all digitally available information from the | ||
committing court; | ||
(3) all information in the Offender 360 system on the | ||
person's criminal history; | ||
(4) the person's complete assignment history in the | ||
Department of Corrections; | ||
(5) the person's disciplinary card; | ||
(6) additional records about up to 3 specific | ||
disciplinary incidents as identified by the requester; | ||
(7) any available records about up to 5 specific | ||
grievances filed by the person, as identified by the | ||
requester; and | ||
(8) the records of all grievances filed on or after | ||
January 1, 2023. | ||
Notwithstanding any provision of this subsection (f) to | ||
the contrary, a committed person's master record file is not | ||
subject to disclosure and copying under the Freedom of | ||
Information Act. |
(g) Subject to appropriation, on or before July 1, 2025, | ||
the Department of Corrections shall digitalize all newly | ||
committed persons' master record files who
become incarcerated | ||
and all other new information that the Department maintains | ||
concerning its correctional
institutions, facilities, and | ||
individuals incarcerated. | ||
(h) Subject to appropriation, on or before July 1, 2027, | ||
the Department of Corrections shall digitalize all medical and | ||
dental records in the master
record files and all other | ||
information that the Department maintains concerning its | ||
correctional institutions
and facilities in relation to | ||
medical records, dental records, and medical and dental needs | ||
of committed persons. | ||
(i) Subject to appropriation, on or before July 1, 2029, | ||
the Department of Corrections shall digitalize all information | ||
in the master record
files and all other information that the | ||
Department
maintains concerning its correctional institutions | ||
and facilities. | ||
(j) The Department of Corrections shall adopt rules to | ||
implement subsections (g), (h), and (i) if appropriations are | ||
available to implement these provisions. | ||
(k) Subject to appropriation, the Department of | ||
Corrections, in consultation with the Department of Innovation | ||
and Technology, shall conduct a study on the best way to | ||
digitize all Department of Corrections records and the impact | ||
of that digitizing on State agencies, including the impact on |
the Department of Innovation and Technology. The study shall | ||
be completed on or before January 1, 2024. | ||
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | ||
revised 12-14-22.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |