Illinois General Assembly - Full Text of HB1496
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Full Text of HB1496  103rd General Assembly




HB1496 EnrolledLRB103 04718 RLC 49727 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 Sections 3-5-1 and 5-4-1 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
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 and Section 2-5 of the No Representation Without
16    Population Act;
17        (1.6) the committed person's last known complete
18    street address prior to incarceration or legal residence
19    collected in accordance with Section 2-5 of the No
20    Representation Without Population Act;
21        (2) reception summary;
22        (3) evaluation and assignment reports and
23    recommendations;



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1        (4) reports as to program assignment and progress;
2        (5) reports of disciplinary infractions and
3    disposition, including tickets and Administrative Review
4    Board action;
5        (6) any parole or aftercare release plan;
6        (7) any parole or aftercare release reports;
7        (8) the date and circumstances of final discharge;
8        (9) criminal history;
9        (10) current and past gang affiliations and ranks;
10        (11) information regarding associations and family
11    relationships;
12        (12) any grievances filed and responses to those
13    grievances; and
14        (13) other information that the respective Department
15    determines is relevant to the secure confinement and
16    rehabilitation of the committed person.
17    (b) All files shall be confidential and access shall be
18limited to authorized personnel of the respective Department
19or by disclosure in accordance with a court order or subpoena.
20Personnel of other correctional, welfare or law enforcement
21agencies may have access to files under rules and regulations
22of the respective Department. The respective Department shall
23keep a record of all outside personnel who have access to
24files, the files reviewed, any file material copied, and the
25purpose of access. If the respective Department or the
26Prisoner Review Board makes a determination under this Code



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



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1committed person's master record file once per year and the
2committed person's attorney may request one summary of the
3committed person's master record file once per year. The
4Department shall create a form for requesting this summary,
5and shall make that form available to committed persons and to
6the public on its website. Upon receipt of the request form,
7the Department shall provide the summary within 15 days. The
8summary must contain, unless otherwise prohibited by law:
9        (1) the person's name, ethnic, racial, last known
10    street address prior to incarceration or legal residence,
11    and other identifying information;
12        (2) all digitally available information from the
13    committing court;
14        (3) all information in the Offender 360 system on the
15    person's criminal history;
16        (4) the person's complete assignment history in the
17    Department of Corrections;
18        (5) the person's disciplinary card;
19        (6) additional records about up to 3 specific
20    disciplinary incidents as identified by the requester;
21        (7) any available records about up to 5 specific
22    grievances filed by the person, as identified by the
23    requester; and
24        (8) the records of all grievances filed on or after
25    January 1, 2023.
26    Notwithstanding any provision of this subsection (f) to



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1the contrary, a committed person's master record file is not
2subject to disclosure and copying under the Freedom of
3Information Act.
4(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
5revised 12-14-22.)
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence.
11However, prior to the imposition of sentence on an individual
12being sentenced for an offense based upon a charge for a
13violation of Section 11-501 of the Illinois Vehicle Code or a
14similar provision of a local ordinance, the individual must
15undergo a professional evaluation to determine if an alcohol
16or other drug abuse problem exists and the extent of such a
17problem. Programs conducting these evaluations shall be
18licensed by the Department of Human Services. However, if the
19individual is not a resident of Illinois, the court may, in its
20discretion, accept an evaluation from a program in the state
21of such individual's residence. The court shall make a
22specific finding about whether the defendant is eligible for
23participation in a Department impact incarceration program as
24provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
25explanation as to why a sentence to impact incarceration is



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1not an appropriate sentence. The court may in its sentencing
2order recommend a defendant for placement in a Department of
3Corrections substance abuse treatment program as provided in
4paragraph (a) of subsection (1) of Section 3-2-2 conditioned
5upon the defendant being accepted in a program by the
6Department of Corrections. At the hearing the court shall:
7        (1) consider the evidence, if any, received upon the
8    trial;
9        (2) consider any presentence reports;
10        (3) consider the financial impact of incarceration
11    based on the financial impact statement filed with the
12    clerk of the court by the Department of Corrections;
13        (4) consider evidence and information offered by the
14    parties in aggravation and mitigation;
15        (4.5) consider substance abuse treatment, eligibility
16    screening, and an assessment, if any, of the defendant by
17    an agent designated by the State of Illinois to provide
18    assessment services for the Illinois courts;
19        (5) hear arguments as to sentencing alternatives;
20        (6) afford the defendant the opportunity to make a
21    statement in his own behalf;
22        (7) afford the victim of a violent crime or a
23    violation of Section 11-501 of the Illinois Vehicle Code,
24    or a similar provision of a local ordinance, the
25    opportunity to present an oral or written statement, as
26    guaranteed by Article I, Section 8.1 of the Illinois



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1    Constitution and provided in Section 6 of the Rights of
2    Crime Victims and Witnesses Act. The court shall allow a
3    victim to make an oral statement if the victim is present
4    in the courtroom and requests to make an oral or written
5    statement. An oral or written statement includes the
6    victim or a representative of the victim reading the
7    written statement. The court may allow persons impacted by
8    the crime who are not victims under subsection (a) of
9    Section 3 of the Rights of Crime Victims and Witnesses Act
10    to present an oral or written statement. A victim and any
11    person making an oral statement shall not be put under
12    oath or subject to cross-examination. All statements
13    offered under this paragraph (7) shall become part of the
14    record of the court. In this paragraph (7), "victim of a
15    violent crime" means a person who is a victim of a violent
16    crime for which the defendant has been convicted after a
17    bench or jury trial or a person who is the victim of a
18    violent crime with which the defendant was charged and the
19    defendant has been convicted under a plea agreement of a
20    crime that is not a violent crime as defined in subsection
21    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
22        (7.5) afford a qualified person affected by: (i) a
23    violation of Section 405, 405.1, 405.2, or 407 of the
24    Illinois Controlled Substances Act or a violation of
25    Section 55 or Section 65 of the Methamphetamine Control
26    and Community Protection Act; or (ii) a Class 4 felony



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1    violation of Section 11-14, 11-14.3 except as described in
2    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
3    11-18.1, or 11-19 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, committed by the defendant the
5    opportunity to make a statement concerning the impact on
6    the qualified person and to offer evidence in aggravation
7    or mitigation; provided that the statement and evidence
8    offered in aggravation or mitigation shall first be
9    prepared in writing in conjunction with the State's
10    Attorney before it may be presented orally at the hearing.
11    Sworn testimony offered by the qualified person is subject
12    to the defendant's right to cross-examine. All statements
13    and evidence offered under this paragraph (7.5) shall
14    become part of the record of the court. In this paragraph
15    (7.5), "qualified person" means any person who: (i) lived
16    or worked within the territorial jurisdiction where the
17    offense took place when the offense took place; or (ii) is
18    familiar with various public places within the territorial
19    jurisdiction where the offense took place when the offense
20    took place. "Qualified person" includes any peace officer
21    or any member of any duly organized State, county, or
22    municipal peace officer unit assigned to the territorial
23    jurisdiction where the offense took place when the offense
24    took place;
25        (8) in cases of reckless homicide afford the victim's
26    spouse, guardians, parents or other immediate family



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1    members an opportunity to make oral statements;
2        (9) in cases involving a felony sex offense as defined
3    under the Sex Offender Management Board Act, consider the
4    results of the sex offender evaluation conducted pursuant
5    to Section 5-3-2 of this Act; and
6        (10) make a finding of whether a motor vehicle was
7    used in the commission of the offense for which the
8    defendant is being sentenced.
9    (b) All sentences shall be imposed by the judge based upon
10his independent assessment of the elements specified above and
11any agreement as to sentence reached by the parties. The judge
12who presided at the trial or the judge who accepted the plea of
13guilty shall impose the sentence unless he is no longer
14sitting as a judge in that court. Where the judge does not
15impose sentence at the same time on all defendants who are
16convicted as a result of being involved in the same offense,
17the defendant or the State's Attorney may advise the
18sentencing court of the disposition of any other defendants
19who have been sentenced.
20    (b-1) In imposing a sentence of imprisonment or periodic
21imprisonment for a Class 3 or Class 4 felony for which a
22sentence of probation or conditional discharge is an available
23sentence, if the defendant has no prior sentence of probation
24or conditional discharge and no prior conviction for a violent
25crime, the defendant shall not be sentenced to imprisonment
26before review and consideration of a presentence report and



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1determination and explanation of why the particular evidence,
2information, factor in aggravation, factual finding, or other
3reasons support a sentencing determination that one or more of
4the factors under subsection (a) of Section 5-6-1 of this Code
5apply and that probation or conditional discharge is not an
6appropriate sentence.
7    (c) In imposing a sentence for a violent crime or for an
8offense of operating or being in physical control of a vehicle
9while under the influence of alcohol, any other drug or any
10combination thereof, or a similar provision of a local
11ordinance, when such offense resulted in the personal injury
12to someone other than the defendant, the trial judge shall
13specify on the record the particular evidence, information,
14factors in mitigation and aggravation or other reasons that
15led to his sentencing determination. The full verbatim record
16of the sentencing hearing shall be filed with the clerk of the
17court and shall be a public record.
18    (c-1) In imposing a sentence for the offense of aggravated
19kidnapping for ransom, home invasion, armed robbery,
20aggravated vehicular hijacking, aggravated discharge of a
21firearm, or armed violence with a category I weapon or
22category II weapon, the trial judge shall make a finding as to
23whether the conduct leading to conviction for the offense
24resulted in great bodily harm to a victim, and shall enter that
25finding and the basis for that finding in the record.
26    (c-1.5) Notwithstanding any other provision of law to the



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1contrary, in imposing a sentence for an offense that requires
2a mandatory minimum sentence of imprisonment, the court may
3instead sentence the offender to probation, conditional
4discharge, or a lesser term of imprisonment it deems
5appropriate if: (1) the offense involves the use or possession
6of drugs, retail theft, or driving on a revoked license due to
7unpaid financial obligations; (2) the court finds that the
8defendant does not pose a risk to public safety; and (3) the
9interest of justice requires imposing a term of probation,
10conditional discharge, or a lesser term of imprisonment. The
11court must state on the record its reasons for imposing
12probation, conditional discharge, or a lesser term of
14    (c-2) If the defendant is sentenced to prison, other than
15when a sentence of natural life imprisonment or a sentence of
16death is imposed, at the time the sentence is imposed the judge
17shall state on the record in open court the approximate period
18of time the defendant will serve in custody according to the
19then current statutory rules and regulations for sentence
20credit found in Section 3-6-3 and other related provisions of
21this Code. This statement is intended solely to inform the
22public, has no legal effect on the defendant's actual release,
23and may not be relied on by the defendant on appeal.
24    The judge's statement, to be given after pronouncing the
25sentence, other than when the sentence is imposed for one of
26the offenses enumerated in paragraph (a)(4) of Section 3-6-3,



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1shall include the following:
2    "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois
6as applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, assuming the defendant receives all of his or her
9sentence credit, the period of estimated actual custody is ...
10years and ... months, less up to 180 days additional earned
11sentence credit. If the defendant, because of his or her own
12misconduct or failure to comply with the institutional
13regulations, does not receive those credits, the actual time
14served in prison will be longer. The defendant may also
15receive an additional one-half day sentence credit for each
16day of participation in vocational, industry, substance abuse,
17and educational programs as provided for by Illinois statute."
18    When the sentence is imposed for one of the offenses
19enumerated in paragraph (a)(2) of Section 3-6-3, other than
20first degree murder, and the offense was committed on or after
21June 19, 1998, and when the sentence is imposed for reckless
22homicide as defined in subsection (e) of Section 9-3 of the
23Criminal Code of 1961 or the Criminal Code of 2012 if the
24offense was committed on or after January 1, 1999, and when the
25sentence is imposed for aggravated driving under the influence
26of alcohol, other drug or drugs, or intoxicating compound or



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1compounds, or any combination thereof as defined in
2subparagraph (F) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code, and when the sentence is
4imposed for aggravated arson if the offense was committed on
5or after July 27, 2001 (the effective date of Public Act
692-176), and when the sentence is imposed for aggravated
7driving under the influence of alcohol, other drug or drugs,
8or intoxicating compound or compounds, or any combination
9thereof as defined in subparagraph (C) of paragraph (1) of
10subsection (d) of Section 11-501 of the Illinois Vehicle Code
11committed on or after January 1, 2011 (the effective date of
12Public Act 96-1230), the judge's statement, to be given after
13pronouncing the sentence, shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois
18as applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant is entitled to no more than 4 1/2 days of
21sentence credit for each month of his or her sentence of
22imprisonment. Therefore, this defendant will serve at least
2385% of his or her sentence. Assuming the defendant receives 4
241/2 days credit for each month of his or her sentence, the
25period of estimated actual custody is ... years and ...
26months. If the defendant, because of his or her own misconduct



HB1496 Enrolled- 14 -LRB103 04718 RLC 49727 b

1or failure to comply with the institutional regulations
2receives lesser credit, the actual time served in prison will
3be longer."
4    When a sentence of imprisonment is imposed for first
5degree murder and the offense was committed on or after June
619, 1998, the judge's statement, to be given after pronouncing
7the sentence, shall include the following:
8    "The purpose of this statement is to inform the public of
9the actual period of time this defendant is likely to spend in
10prison as a result of this sentence. The actual period of
11prison time served is determined by the statutes of Illinois
12as applied to this sentence by the Illinois Department of
13Corrections and the Illinois Prisoner Review Board. In this
14case, the defendant is not entitled to sentence credit.
15Therefore, this defendant will serve 100% of his or her
17    When the sentencing order recommends placement in a
18substance abuse program for any offense that results in
19incarceration in a Department of Corrections facility and the
20crime was committed on or after September 1, 2003 (the
21effective date of Public Act 93-354), the judge's statement,
22in addition to any other judge's statement required under this
23Section, to be given after pronouncing the sentence, shall
24include the following:
25    "The purpose of this statement is to inform the public of
26the actual period of time this defendant is likely to spend in



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1prison as a result of this sentence. The actual period of
2prison time served is determined by the statutes of Illinois
3as applied to this sentence by the Illinois Department of
4Corrections and the Illinois Prisoner Review Board. In this
5case, the defendant shall receive no earned sentence credit
6under clause (3) of subsection (a) of Section 3-6-3 until he or
7she participates in and completes a substance abuse treatment
8program or receives a waiver from the Director of Corrections
9pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
10    (c-4) Before the sentencing hearing and as part of the
11presentence investigation under Section 5-3-1, the court shall
12inquire of the defendant whether the defendant is currently
13serving in or is a veteran of the Armed Forces of the United
14States. If the defendant is currently serving in the Armed
15Forces of the United States or is a veteran of the Armed Forces
16of the United States and has been diagnosed as having a mental
17illness by a qualified psychiatrist or clinical psychologist
18or physician, the court may:
19        (1) order that the officer preparing the presentence
20    report consult with the United States Department of
21    Veterans Affairs, Illinois Department of Veterans'
22    Affairs, or another agency or person with suitable
23    knowledge or experience for the purpose of providing the
24    court with information regarding treatment options
25    available to the defendant, including federal, State, and
26    local programming; and



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1        (2) consider the treatment recommendations of any
2    diagnosing or treating mental health professionals
3    together with the treatment options available to the
4    defendant in imposing sentence.
5    For the purposes of this subsection (c-4), "qualified
6psychiatrist" means a reputable physician licensed in Illinois
7to practice medicine in all its branches, who has specialized
8in the diagnosis and treatment of mental and nervous disorders
9for a period of not less than 5 years.
10    (c-6) In imposing a sentence, the trial judge shall
11specify, on the record, the particular evidence and other
12reasons which led to his or her determination that a motor
13vehicle was used in the commission of the offense.
14    (c-7) In imposing a sentence for a Class 3 or 4 felony,
15other than a violent crime as defined in Section 3 of the
16Rights of Crime Victims and Witnesses Act, the court shall
17determine and indicate in the sentencing order whether the
18defendant has 4 or more or fewer than 4 months remaining on his
19or her sentence accounting for time served.
20    (d) When the defendant is committed to the Department of
21Corrections, the State's Attorney shall and counsel for the
22defendant may file a statement with the clerk of the court to
23be transmitted to the department, agency or institution to
24which the defendant is committed to furnish such department,
25agency or institution with the facts and circumstances of the
26offense for which the person was committed together with all



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1other factual information accessible to them in regard to the
2person prior to his commitment relative to his habits,
3associates, disposition and reputation and any other facts and
4circumstances which may aid such department, agency or
5institution during its custody of such person. The clerk shall
6within 10 days after receiving any such statements transmit a
7copy to such department, agency or institution and a copy to
8the other party, provided, however, that this shall not be
9cause for delay in conveying the person to the department,
10agency or institution to which he has been committed.
11    (e) The clerk of the court shall transmit to the
12department, agency or institution, if any, to which the
13defendant is committed, the following:
14        (1) the sentence imposed;
15        (2) any statement by the court of the basis for
16    imposing the sentence;
17        (3) any presentence reports;
18        (3.3) the person's last known complete street address
19    prior to incarceration or legal residence, the person's
20    race, whether the person is of Hispanic or Latino origin,
21    and whether the person is 18 years of age or older;
22        (3.5) any sex offender evaluations;
23        (3.6) any substance abuse treatment eligibility
24    screening and assessment of the defendant by an agent
25    designated by the State of Illinois to provide assessment
26    services for the Illinois courts;



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1        (4) the number of days, if any, which the defendant
2    has been in custody and for which he is entitled to credit
3    against the sentence, which information shall be provided
4    to the clerk by the sheriff;
5        (4.1) any finding of great bodily harm made by the
6    court with respect to an offense enumerated in subsection
7    (c-1);
8        (5) all statements filed under subsection (d) of this
9    Section;
10        (6) any medical or mental health records or summaries
11    of the defendant;
12        (7) the municipality where the arrest of the offender
13    or the commission of the offense has occurred, where such
14    municipality has a population of more than 25,000 persons;
15        (8) all statements made and evidence offered under
16    paragraph (7) of subsection (a) of this Section; and
17        (9) all additional matters which the court directs the
18    clerk to transmit.
19    (f) In cases in which the court finds that a motor vehicle
20was used in the commission of the offense for which the
21defendant is being sentenced, the clerk of the court shall,
22within 5 days thereafter, forward a report of such conviction
23to the Secretary of State.
24(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
25101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
26Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)



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1    Section 10. The No Representation Without Population Act
2is amended by changing Section 2-10 as follows:
3    (730 ILCS 205/2-10)
4    Sec. 2-10. Reports to the State Board of Elections.
5    (a) Within 30 days after the effective date of this Act,
6and thereafter, on or before May 1 of each year in which the
7federal decennial census is taken but in which the United
8States Bureau of the Census allocates incarcerated persons as
9residents of correctional facilities, the Department shall
10deliver to the State Board of Elections the following
12        (1) A unique identifier, not including the name or
13    Department-assigned inmate number, for each incarcerated
14    person subject to the jurisdiction of the Department on
15    the date for which the decennial census reports
16    population. The unique identifier shall enable the State
17    Board of Elections to address inquiries about specific
18    address records to the Department, without making it
19    possible for anyone outside of the Department to identify
20    the inmate to whom the address record pertains.
21        (2) The street address of the correctional facility
22    where the person was incarcerated at the time of the
23    report.
24        (3) The last known address of the person prior to



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1    incarceration or other legal residence, if known. If the
2    last address or legal address of the person is unknown,
3    the Department shall use, if available, addresses
4    collected for purposes of parole, mandatory supervised
5    release, or aftercare release programs.
6        (4) The person's race, whether the person is of
7    Hispanic or Latino origin, and whether the person is age
8    18 or older, if known.
9        (5) Any additional information as the State Board of
10    Elections may request pursuant to law.
11    (b) The Department shall provide the information specified
12in subsection (a) in the form that the State Board of Elections
13shall specify.
14    (c) Notwithstanding any other provision of law, the
15information required to be provided to the State Board of
16Elections pursuant to this Section shall not include the name
17of any incarcerated person and shall not allow for the
18identification of any person therefrom, except to the
19Department. The information shall be treated as confidential
20and shall not be disclosed by the State Board of Elections
21except as redistricting data aggregated by census block for
22purposes specified in Section 2-20.
23(Source: P.A. 101-652, eff. 1-1-25; 102-813, eff. 5-13-22.)