103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2128

 

Introduced 2/10/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-5-1  from Ch. 38, par. 1003-5-1

    Amends the Unified Code of Corrections. Provides that, on or before July 1, 2024, the Department of Corrections shall digitalize all information in the master record file and all other information that the Department maintains concerning its correctional institutions and facilities. Provides that the Department of Corrections shall adopt rules to implement this provision.


LRB103 28332 RLC 54711 b

 

 

A BILL FOR

 

SB2128LRB103 28332 RLC 54711 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-5-1 as follows:
 
6    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
7    Sec. 3-5-1. Master Record File.
8    (a) The Department of Corrections and the Department of
9Juvenile Justice shall maintain a master record file on each
10person committed to it, which shall contain the following
11information:
12        (1) all information from the committing court;
13        (1.5) ethnic and racial background data collected in
14    accordance with Section 4.5 of the Criminal Identification
15    Act;
16        (2) reception summary;
17        (3) evaluation and assignment reports and
18    recommendations;
19        (4) reports as to program assignment and progress;
20        (5) reports of disciplinary infractions and
21    disposition, including tickets and Administrative Review
22    Board action;
23        (6) any parole or aftercare release plan;

 

 

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1        (7) any parole or aftercare release reports;
2        (8) the date and circumstances of final discharge;
3        (9) criminal history;
4        (10) current and past gang affiliations and ranks;
5        (11) information regarding associations and family
6    relationships;
7        (12) any grievances filed and responses to those
8    grievances; and
9        (13) other information that the respective Department
10    determines is relevant to the secure confinement and
11    rehabilitation of the committed person.
12    (b) All files shall be confidential and access shall be
13limited to authorized personnel of the respective Department
14or by disclosure in accordance with a court order or subpoena.
15Personnel of other correctional, welfare or law enforcement
16agencies may have access to files under rules and regulations
17of the respective Department. The respective Department shall
18keep a record of all outside personnel who have access to
19files, the files reviewed, any file material copied, and the
20purpose of access. If the respective Department or the
21Prisoner Review Board makes a determination under this Code
22which affects the length of the period of confinement or
23commitment, the committed person and his counsel shall be
24advised of factual information relied upon by the respective
25Department or Board to make the determination, provided that
26the Department or Board shall not be required to advise a

 

 

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1person committed to the Department of Juvenile Justice any
2such information which in the opinion of the Department of
3Juvenile Justice or Board would be detrimental to his
4treatment or rehabilitation.
5    (c) The master file shall be maintained at a place
6convenient to its use by personnel of the respective
7Department in charge of the person. When custody of a person is
8transferred from the Department to another department or
9agency, a summary of the file shall be forwarded to the
10receiving agency with such other information required by law
11or requested by the agency under rules and regulations of the
12respective Department.
13    (d) The master file of a person no longer in the custody of
14the respective Department shall be placed on inactive status
15and its use shall be restricted subject to rules and
16regulations of the Department.
17    (e) All public agencies may make available to the
18respective Department on request any factual data not
19otherwise privileged as a matter of law in their possession in
20respect to individuals committed to the respective Department.
21    (f) A committed person may request a summary of the
22committed person's master record file once per year and the
23committed person's attorney may request one summary of the
24committed person's master record file once per year. The
25Department shall create a form for requesting this summary,
26and shall make that form available to committed persons and to

 

 

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1the public on its website. Upon receipt of the request form,
2the Department shall provide the summary within 15 days. The
3summary must contain, unless otherwise prohibited by law:
4        (1) the person's name, ethnic, racial, and other
5    identifying information;
6        (2) all digitally available information from the
7    committing court;
8        (3) all information in the Offender 360 system on the
9    person's criminal history;
10        (4) the person's complete assignment history in the
11    Department of Corrections;
12        (5) the person's disciplinary card;
13        (6) additional records about up to 3 specific
14    disciplinary incidents as identified by the requester;
15        (7) any available records about up to 5 specific
16    grievances filed by the person, as identified by the
17    requester; and
18        (8) the records of all grievances filed on or after
19    January 1, 2023.
20    Notwithstanding any provision of this subsection (f) to
21the contrary, a committed person's master record file is not
22subject to disclosure and copying under the Freedom of
23Information Act.
24    (g) On or before July 1, 2024, the Department of
25Corrections shall digitalize all information in the master
26record file and all other information that the Department

 

 

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1maintains concerning its correctional institutions and
2facilities. The Department of Corrections shall adopt rules to
3implement this subsection (g).
4(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
5revised 12-14-22.)