AUTHORITY: Implementing Sections 3-2.5-20, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-10-1, 5-4-1, 5-4.5-100 and 5-8-6 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-10-1, 5-4-1, 5-4.5-100 and 5-8-6] and Section 1-7 of the Juvenile Court Act of 1987 [705 ILCS 405/1-7] and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-7-1]. Subpart B is also implementing two Consent Decrees (Beavers vs. Sielaff, #75 C 317, N.D. Ill., 1977, and Lower vs. Franzen, #78 C 1870, N.D. Ill., 1980) and Section 8-802 of the Code of Civil Procedure [735 ILCS 5/8-802].

SOURCE: Adopted at 8 Ill. Reg. 14572, effective August 1, 1984; amended at 10 Ill. Reg. 20497, effective January 1, 1987; amended at 13 Ill. Reg. 6992, effective May 1, 1989; emergency amendment at 14 Ill. Reg. 12273, effective July 17, 1990, for a maximum of 150 days; modified in response to an objection of the Joint Committee on Administrative Rules at 14 Ill. Reg. 15600, not to exceed the 150 day time limit of the original rulemaking; amended at 14 Ill. Reg. 18461, effective November 1, 1990; emergency amendment at 14 Ill. Reg. 20074, effective December 1, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 5638, effective April 15, 1991; emergency amendment at 17 Ill. Reg. 16215, effective September 17, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 2939, effective February 14, 1994; amended at 20 Ill. Reg. 6745, effective May 5, 1996; amended at 37 Ill. Reg. 1598, effective February 1, 2013; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. 16424.

SUBPART A: ADMISSION DOCUMENTS

 

Section 2207.15  Responsibilities

 

a)         Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

Section 2207.17  Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

Section 2207.20  Required Admission Documents

 

a)         When a youth is delivered to the custody of the Department, the following information must be included with the items delivered:

 

1)         Pursuant to Sections 3-10-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-10-1 and 5-4-1] and Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33]:

 

A)        The sentence imposed.

 

B)        Any finding of great bodily harm made by the court.

 

C)        Any statement by the court of the basis for imposing the sentence.

 

D)        Any pre-sentence reports.

 

E)        Any sex offender evaluations.

 

F)         Any substance abuse treatment eligibility screening and assessment of the youth by an agent designated by the State to provide assessments for Illinois courts.

 

G)        The number of days, if any, that the youth has been in custody and for which he or she is entitled to credit against the sentence. Certifications of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment.

 

H)        State's Attorney's Statement

 

i)          The State's Attorney's Statement of Facts, including:

 

•           the facts and circumstances of the offenses for which the youth was committed;

 

•           any other factual information in regard to the youth accessible to the State's Attorney prior to the commitment to the Department relative to the youth's habits, associates, disposition and reputation; or

 

•           other information that may aid the Department during the custody of the youth. 

 

ii)         If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court.

 

I)         Any medical or mental health record or summaries.

 

J)         Any victim impact statements.

 

K)        The name of the municipalities where the arrest of the youth and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons.

 

L)        All additional matters that the court directs the clerk to transmit.

 

2)         The mittimus or sentence (judgment) order that provides the following information:

 

A)        The criminal case number, names and citations of the offenses, judge's name, date of sentence and, when applicable, whether the sentences are to be served concurrently or consecutively;

 

B)        The number of days spent in custody; and

 

C)        If applicable, the calculation of pre-trial program sentence credit awarded by the court to the youth, including, at a minimum, identification of the type of pre-trial program the youth participated in and the number of eligible days the court finds the youth spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

 

3)         A record of the youth's time and his or her behavior and conduct while in the custody of the county.  Any action on the part of the youth that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt, should be included in the record.

 

b)         If the required items listed in this Section are not received at the time of delivery of a youth, admission to the Department's facilities may be denied.

SUBPART B: MAINTENANCE OF RECORDS

 

Section 2207.305  Responsibilities

 

a)         Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties.  However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

Section 2207.307  Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department.

 

Section 2207.310  Access to Records

 

a)         The master record files of youth shall be confidential and access shall be limited to authorized persons.  Youth shall not be permitted access to their master record files except as expressly permitted by law, including this Subpart.

 

b)         Medical records shall be disclosed to a youth or to his or her authorized agent upon receipt of a written request for the information and a release signed by the youth. 

 

c)         The medical records of a deceased youth shall be released upon presentment of a certified copy of the death certificate and:

 

1)         Tender of letters of office and a signed release from the Executor or the Administrator of the person's estate; or

 

2)         A Durable Power of Attorney for Health Care authorizing the release of the medical records to the agent and a signed release from the authorized agent; or

 

3)         If no executor, administrator or agent exists:

 

A)        An authorized relative certification and release signed by the authorized relative; or

 

B)        A notarized affidavit of heirship  and a release signed by the next of kin.

 

d)         Personnel of other correctional, welfare, educational or law enforcement agencies may have access to a youth's files, as approved by the Chief Administrative Officer. The use and redisclosure of these files shall be consistent with applicable State and federal laws.

 

e)         Access to the master record file of a person no longer in custody of the Department shall be provided in accordance with procedures applicable to youth.

 

f)         The Department may require payment of copying costs for any records produced.

 

Section 2207.320  Disclosure of Master Record File Material for Youth Committed to the Department − Court Agreement

 

a)         Definitions

 

1)         Youth – A person who is or has been committed to the Illinois Department of Juvenile Justice, pursuant to Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33] or Section 5-8-6(c) of the Unified Code of Corrections [730 ILCS 5/5-8-6(c)].  This Section does not apply to record access for deceased youths.

 

2)         Parent – The natural mother or father or an adoptive parent of a youth, except a natural or adoptive parent whose parental rights have been terminated by Sections 2-29, 3-30, 4-27, or 5-31 of the Juvenile Court Act of 1987 [705 ILCS 405/2-29, 3-30, 4-27, or 5-31] or Section 17 of the Adoption Act [750 ILCS 50/17].

 

3)         Guardian – Individual(s) appointed by courts as guardian of the youth.

 

4)         Authorized attorney – A lawyer authorized in writing by the youth to inspect and copy his or her master record file; or a lawyer appointed by a court as attorney for a youth.

 

5)         Records subject to inspection and copying – This information is contained in the following documents:  discharge order, face sheet, cancellation of warrants, warrants for apprehension, administrative-statewide transfer order, order of temporary transfer, dispositional order, court writs, preliminary hearing of aftercare release violation, notice of charges, notification of alleged aftercare release violations, police reports, report on youth's return to reception center, verification of birthdate, medical and dental records, reception center testing, academic assessments, vocational goals inventory, Department of Human Services-Division of Rehabilitation Services referrals, chronological recording of activities and treatment by counselor assigned, monthly staffing conference reports, physical exam, medications record, immunization cards, special concerns, consent for treatment, release of medical information, monthly progress reports, group life adjustment, daily conduct reports, achievements, summary letters to Prisoner Review Board, academic or vocational progress reports, program assignment record, institutional goals and treatment plan, performance agreements, commendation reports, reports of disciplinary action, letters to and from institution requesting information, trust fund records, youth's transfer request, medical referrals, administrative memos, unusual incident reports, clinical transfer orders or action requests, authorized absence requests-approvals, correspondence, youth advocate's reports, notice of eligibility for aftercare release, requests for special action, medical restrictions, illness and injuries record, school transcript, Prisoner Review Board sheet, official notice of aftercare release, special orders and orders rescinding aftercare release, clothing inventory, and personal property inventory.

 

6)         Records subject to inspection and copying with professional guidance – This information is contained in the following documents:  assessment and assignment report, special case review, intake worksheet, social history, chaplain's reports, psychological evaluation and classification reports, psychiatric evaluation report, clinical correspondence and clinical reports from other agencies, psychiatric reports, administrative reviews, annual reviews, special case reviews, notice of eligibility of aftercare-narrative progress report, diagnostic treatment note(s), and psychological consultation referral(s).

 

7)         Information not subject to inspection and copying by a youth, a parent or a non-institutional guardian – Information reported in records contained in a master record file, the disclosure of which a clinician certifies in writing would result in a specific harm to the youth, a parent or a non-institutional guardian.

 

8)         Clinician – A psychiatrist, psychologist, or physician employed by the Department of Juvenile Justice.

 

9)         Authorized personnel of the Department – All program or security personnel in the institutional or field services divisions of the Illinois Department of Corrections.

 

10)         Other correctional, welfare and law enforcement agencies – Agencies designated in writing from time to time by the Director subject to Section 1-7 of the Juvenile Court Act of 1987, [705 ILCS 405/1-7].

 

11)         Receiving agencies – A Department or agency to whom custody of a youth is transferred by administrative order to the Department or by a court order.

 

b)         Rights of and Limitations on Record Access

 

1)         A youth, an authorized attorney, a parent, a guardian, personnel of other correctional, welfare or law enforcement agencies or receiving agencies may inspect and copy all records contained in the person's master record file, provided:

 

A)        The youth consents in writing to the inspection and copying of such records by an authorized attorney, a parent or non-institutional guardian;

 

B)        That information not subject to inspection and copying may be deleted from records otherwise available to a youth, a parent or a non-institutional guardian in accordance with procedures established in subsection (b) of this Section.

 

2)         Authorized personnel of the Department may inspect and copy records.

 

3)         All requests by the youth, authorized attorneys, parents and non-institutional guardians to copy or inspect file material shall be made in writing.

 

4)         The Department shall comply with all written requests for records subject to inspection and copying within 15 days, and with all written requests for records subject to inspection and copying with professional guidance within 30 days, upon payment of copying costs except where waived by the Department upon a showing of indigency by the youth, parent, non-institutional guardian, or authorized attorney.

 

c)         Processing of Requests for Record Access

 

1)         With regard to the master record files of youths in Illinois youth center facilities or on authorized absence from, or transferred to an Illinois Department of Human Services facility from a youth center:

 

A)        All written requests for inspection and copying should be directed to the Chief Administrative Officer of the Illinois youth center facility.

 

B)        The youth's assigned counselor or other program staff person:

 

i)          Will examine the records for information believed to be not subject to inspection and copying by a youth, a parent or guardian, and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section.

 

ii)         Will forward copies of the records to requesting authorized attorney, parent, or non-institutional guardian upon payment or waiver of the costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; and a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both, and at which conference the counselor or other staff person will explain in detail the meaning of such records.

 

2)         With regard to the master record files of youths currently on aftercare release:

 

A)        All requests for inspection and copying should be directed to the Chief Administrative Officer of the institution from which the youth was placed on aftercare release.

 

B)        The Chief Administrative Officer:

 

i)          Will examine the records for information believed to be not subject to inspection and copying by youth, a parent or a guardian and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section;

 

ii)         Will forward copies of records to the requesting youth, authorized attorney, parent or non-institutional guardian upon payment or waiver of costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both and at which conference the correctional parole agent or other staff person will explain in detail the meaning of such records.

 

3)         With regard to the master record files of persons formerly committed to the Department:

 

A)        All requests for inspection and copying should be directed to the supervisor of the microfilm center in Springfield.

 

B)        The supervisor will contact the Chief Administrative Officer of the institution from which the youth was released or placed on aftercare release.

 

4)         A clinician shall examine all records submitted for review.  If the clinician certifies in writing that the disclosure to a youth, a parent, or a non-institutional guardian of information would result in a specific harm to such individuals:

 

A)        The information may be deleted from records inspected and copied by the individuals who would be harmed;

 

B)        The clinician's certificate shall be attached to such records inspected and copied by all individuals.

 

5)         The Department shall maintain a record in each master file which indicates:

 

A)        The parties who have requested to inspect or copy records from the master record file;

 

B)        The records inspected or copied from the master record file.

 

d)         Before this Section of the Subpart may be modified, the Legal Staff shall be consulted.  This Section was promulgated pursuant to settlement of litigation by order of the court.  It may not be modified without the approval of the court.

SUBPART C: ACCESS AND REVIEW OF CRIMINAL HISTORY RECORD INFORMATION

 

Section 2207.405  Responsibilities

 

a)         Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties.  However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

Section 2207.410  Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Criminal History Record Information" means information collected by criminal justice agencies on individuals, consisting of identifiable descriptions, which include name, gender, race, date of birth, Social Security Number, State Identification Number, Federal Bureau of Investigation (FBI) Number, and any other information used to determine the subject of the transcript; notations of arrests, detentions, indictments, information, or other formal criminal charges and any disposition arising from these actions; sentencing; and correctional supervision and release; but does not include juvenile history information, unless the juvenile was tried as an adult.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department.

 

Section 2207.420  Right to Access and Review

 

All persons, including youth, have the right to review copies of their Criminal History Record Information from local criminal justice agencies, any state and the Federal Bureau of Investigation, and to challenge the content of these records (see 42 USC 3789(f) and (g) and 28 CFR 20).

 

Section 2207.430  Requests for Access and Review

 

a)         A request to obtain access to and review Criminal History Record Information, local, state or federal, shall be made in writing to the office designated by the Chief Administrative Officer.

 

b)         A staff member shall inform the youth of any applicable fees and assist the youth in completing and processing all applicable forms.

 

c)         Upon receipt by the facility of the transcript of the Criminal History Record Information, the youth shall be allowed to review the transcript while in the presence of a staff member.

 

d)         The youth shall, upon request, be provided with a copy of the transcript that has been stripped of all personal identifiers, including, but not limited to, the names and addresses of the youth, victims or witnesses.

 

Section 2207.440  Challenge of Record

 

a)         If a youth is not satisfied that his or her Criminal History Record Information is accurate, he or she may submit a written request to challenge the record.

 

b)         A staff member shall advise the youth of the challenge, appeal and complaint process, and the Staff member shall assist him or her in preparing the appropriate forms for submission.

 

c)         If the criminal history record is corrected, the youth may submit a written request for a listing of all non-criminal justice agencies that have received a copy of his or her criminal history record.