Full Text of SB3513 96th General Assembly
SB3513 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3513
Introduced 2/10/2010, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: |
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105 ILCS 10/6 |
from Ch. 122, par. 50-6 |
705 ILCS 405/5-145 |
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Amends the Illinois School Student Records Act. Provides that school student records or information contained in those records may be released to SHOCAP committee members who fall within the meaning of
"state and local officials and authorities" for the purpose of identifying criminal trends and victim information to prevent outbreaks of violence by and against students. Amends the Juvenile Court Act of 1987. Provides that the SHOCAP committee shall adopt, by a majority of the members, criteria to identify criminal trends in order to prevent outbreaks of violence by or against students and criteria to determine when sharing of juvenile victim information would deter further acts of violence by or against juveniles. Effective immediately.
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A BILL FOR
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SB3513 |
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LRB096 18293 RLC 33668 b |
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| AN ACT concerning juveniles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois School Student Records Act is | 5 |
| amended by changing Section 6 as follows:
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| (105 ILCS 10/6) (from Ch. 122, par. 50-6)
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| Sec. 6. (a) No school student records or information
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| contained therein may be released, transferred, disclosed or | 9 |
| otherwise
disseminated, except as follows:
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| (1) To a parent or student or person specifically
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| designated as a representative by a parent, as provided in | 12 |
| paragraph (a)
of Section 5;
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| (2) To an employee or official of the school or
school | 14 |
| district or State Board with current demonstrable | 15 |
| educational
or administrative interest in the student, in | 16 |
| furtherance of such interest;
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| (3) To the official records custodian of another school | 18 |
| within
Illinois or an official with similar | 19 |
| responsibilities of a school
outside Illinois, in which the | 20 |
| student has enrolled, or intends to enroll,
upon the | 21 |
| request of such official or student;
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| (4) To any person for the purpose of research,
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| statistical reporting, or planning, provided that such |
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| research, statistical reporting, or planning is | 2 |
| permissible under and undertaken in accordance with the | 3 |
| federal Family Educational Rights and Privacy Act (20 | 4 |
| U.S.C. 1232g);
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| (5) Pursuant to a court order, provided that the
parent | 6 |
| shall be given prompt written notice upon receipt
of such | 7 |
| order of the terms of the order, the nature and
substance | 8 |
| of the information proposed to be released
in compliance | 9 |
| with such order and an opportunity to
inspect and copy the | 10 |
| school student records and to
challenge their contents | 11 |
| pursuant to Section 7;
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| (6) To any person as specifically required by State
or | 13 |
| federal law;
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| (6.5) To juvenile authorities
when necessary for the | 15 |
| discharge of their official duties
who request information | 16 |
| prior to
adjudication of the student and who certify in | 17 |
| writing that the information
will not be disclosed to any | 18 |
| other party except as provided under law or order
of court. | 19 |
| For purposes of this Section "juvenile authorities" means:
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| (i) a judge of
the circuit court and members of the staff | 21 |
| of the court designated by the
judge; (ii) parties to the | 22 |
| proceedings under the Juvenile Court Act of 1987 and
their | 23 |
| attorneys; (iii) probation
officers and court appointed | 24 |
| advocates for the juvenile authorized by the judge
hearing | 25 |
| the case; (iv) any individual, public or private agency | 26 |
| having custody
of the child pursuant to court order; (v) |
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| any individual, public or private
agency providing | 2 |
| education, medical or mental health service to the child | 3 |
| when
the requested information is needed to determine the | 4 |
| appropriate service or
treatment for the minor; (vi) any | 5 |
| potential placement provider when such
release
is | 6 |
| authorized by the court for the limited purpose of | 7 |
| determining the
appropriateness of the potential | 8 |
| placement; (vii) law enforcement officers and
prosecutors;
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| (viii) adult and juvenile prisoner review boards; (ix) | 10 |
| authorized military
personnel; (x)
individuals authorized | 11 |
| by court;
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| (7) Subject to regulations of the State Board,
in | 13 |
| connection with an emergency, to appropriate persons
if the | 14 |
| knowledge of such information is necessary to protect
the | 15 |
| health or safety of the student or other
persons;
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| (8) To any person, with the prior specific dated
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| written consent of the parent designating the person
to | 18 |
| whom the records may be released, provided that at
the time | 19 |
| any such consent is requested or obtained,
the parent shall | 20 |
| be advised in writing that he has the right
to inspect and | 21 |
| copy such records in accordance with Section 5, to
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| challenge their contents in accordance with Section 7 and | 23 |
| to limit any such
consent to
designated records or | 24 |
| designated portions of the information contained
therein;
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| (9) To a governmental agency, or social service agency | 26 |
| contracted by a
governmental agency, in furtherance of an |
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| investigation of a student's school
attendance pursuant to | 2 |
| the compulsory student attendance laws of this State,
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| provided that the records are released to the employee or | 4 |
| agent designated by
the agency;
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| (10) To those SHOCAP committee members who fall within | 6 |
| the meaning of
"state and local officials and authorities", | 7 |
| as those terms are used within the
meaning of the federal | 8 |
| Family Educational Rights and Privacy Act, for
the
purposes | 9 |
| of identifying serious habitual juvenile offenders and | 10 |
| matching those
offenders with community resources pursuant | 11 |
| to Section 5-145 of the Juvenile
Court Act of 1987, and | 12 |
| identifying criminal trends and victim information to | 13 |
| prevent outbreaks of violence by and against students, but | 14 |
| only to the extent that the release, transfer,
disclosure, | 15 |
| or dissemination is consistent with the Family Educational | 16 |
| Rights
and Privacy Act; or
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| (11) To the Department of Healthcare and Family | 18 |
| Services in furtherance of the
requirements of Section | 19 |
| 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 20 |
| Section 10 of the School Breakfast and Lunch
Program Act ; | 21 |
| or .
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| (12) To the State Board or another State government | 23 |
| agency or between or among State government agencies in | 24 |
| order to evaluate or audit federal and State programs or | 25 |
| perform research and planning, but only to the extent that | 26 |
| the release, transfer, disclosure, or dissemination is |
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| consistent with the federal Family Educational Rights and | 2 |
| Privacy Act (20 U.S.C. 1232g). | 3 |
| (b) No information may be released pursuant to | 4 |
| subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 5 |
| unless the parent receives
prior written notice of the nature | 6 |
| and substance of the information
proposed to be released, and | 7 |
| an opportunity to inspect
and copy such records in accordance | 8 |
| with Section 5 and to
challenge their contents in accordance | 9 |
| with Section 7. Provided, however,
that such notice shall be | 10 |
| sufficient if published in a local newspaper of
general | 11 |
| circulation or other publication directed generally to the | 12 |
| parents
involved where the proposed release of information is | 13 |
| pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | 14 |
| and relates to more
than 25 students.
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| (c) A record of any release of information pursuant
to this | 16 |
| Section must be made and kept as a part of the
school student | 17 |
| record and subject to the access granted by Section 5.
Such | 18 |
| record of release shall be maintained for the life of the
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| school student records and shall be available only to the | 20 |
| parent
and the official records custodian.
Each record of | 21 |
| release shall also include:
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| (1) The nature and substance of the information | 23 |
| released;
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| (2) The name and signature of the official records
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| custodian releasing such information;
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| (3) The name of the person requesting such information,
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| the capacity in which such a request has been made, and the | 2 |
| purpose of such
request;
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| (4) The date of the release; and
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| (5) A copy of any consent to such release.
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| (d) Except for the student and his parents, no person
to | 6 |
| whom information is released pursuant to this Section
and no | 7 |
| person specifically designated as a representative by a parent
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| may permit any other person to have access to such information | 9 |
| without a prior
consent of the parent obtained in accordance | 10 |
| with the requirements
of subparagraph (8) of paragraph (a) of | 11 |
| this Section.
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| (e) Nothing contained in this Act shall prohibit the
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| publication of student directories which list student names, | 14 |
| addresses
and other identifying information and similar | 15 |
| publications which
comply with regulations issued by the State | 16 |
| Board.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 18 |
| 96-107, eff. 7-30-09; revised 11-3-09.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 20 |
| changing Section 5-145 as follows:
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| (705 ILCS 405/5-145)
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| Sec. 5-145.
Cooperation of agencies; Serious Habitual | 23 |
| Offender
Comprehensive Action Program.
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| (a) The Serious Habitual Offender Comprehensive Action |
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LRB096 18293 RLC 33668 b |
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| Program (SHOCAP)
is a multi-disciplinary interagency case | 2 |
| management and information sharing
system that enables the | 3 |
| juvenile justice system, schools, and social
service agencies | 4 |
| to make more informed decisions regarding a small number
of | 5 |
| juveniles who repeatedly commit serious delinquent acts.
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| (b) Each county in the State of Illinois, other than Cook | 7 |
| County, may
establish a
multi-disciplinary agency (SHOCAP) | 8 |
| committee. In Cook County, each
subcircuit or group of | 9 |
| subcircuits may establish a multi-disciplinary agency
(SHOCAP) | 10 |
| committee. The committee shall consist
of representatives from | 11 |
| the following agencies: local law enforcement, area
school | 12 |
| district, state's attorney's office, and court services | 13 |
| (probation).
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| The chairman may appoint additional members to the | 15 |
| committee as deemed
appropriate to accomplish the goals of this | 16 |
| program, including, but not
limited to, representatives from | 17 |
| the juvenile detention center, mental
health, the Illinois | 18 |
| Department of Children and Family Services, Department of
Human | 19 |
| Services and
community representatives at large.
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| (c) The SHOCAP committee shall adopt, by a majority of the | 21 |
| members:
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| (1) criteria that will identify those who qualify as a | 23 |
| serious
habitual juvenile offender; and
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| (1.1) criteria to identify criminal trends in order to | 25 |
| prevent outbreaks of violence by or against students; | 26 |
| (1.2) criteria to determine when sharing of juvenile |
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LRB096 18293 RLC 33668 b |
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| victim information would deter further acts of violence by | 2 |
| or against juveniles; and
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| (2) a written interagency information sharing | 4 |
| agreement to be signed
by the chief executive officer of | 5 |
| each of the agencies represented on the
committee. The | 6 |
| interagency information sharing agreement shall include a
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| provision that requires that all records pertaining to a | 8 |
| serious habitual
offender (SHO) shall be confidential | 9 |
| subject to the provisions of this Act . Disclosure of | 10 |
| information may be
made to other staff from member agencies | 11 |
| as authorized by the SHOCAP
committee for the furtherance | 12 |
| of case management and tracking of the SHO.
Staff from the | 13 |
| member agencies who receive this information shall be
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| governed by the confidentiality provisions of this Act. The | 15 |
| staff from the
member agencies who will qualify to have | 16 |
| access to the SHOCAP information
must be limited to those | 17 |
| individuals who provide direct services to the SHO
or who | 18 |
| provide supervision of the SHO.
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| (c-5) Using the criteria listed in subsection (c), the | 20 |
| SHOCAP committee may identify, as needed: | 21 |
| (1) those who qualify as a serious habitual juvenile | 22 |
| offenders; | 23 |
| (2) specific criminal trends in order to prevent | 24 |
| outbreaks of violence by or against students; and | 25 |
| (3) juvenile victims when sharing juvenile victim | 26 |
| information would deter further acts of violence by or |
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LRB096 18293 RLC 33668 b |
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| against juveniles. | 2 |
| (d) The Chief Juvenile Circuit Judge, or the Chief Circuit | 3 |
| Judge, or his
or her designee, may issue a comprehensive | 4 |
| information sharing court order.
The
court order shall allow | 5 |
| agencies who are represented on the SHOCAP
committee and whose | 6 |
| chief executive officer has signed the interagency
information | 7 |
| sharing agreement to provide and disclose information to the | 8 |
| SHOCAP
committee. The sharing of information will ensure the | 9 |
| coordination and
cooperation of all agencies represented in | 10 |
| providing case management and
enhancing the effectiveness of | 11 |
| the SHOCAP efforts.
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| (e) Any person or agency who is participating in good faith | 13 |
| in the
sharing of SHOCAP information under this Act shall have | 14 |
| immunity from any
liability, civil, criminal, or otherwise, | 15 |
| that might result by reason of the
type of information | 16 |
| exchanged. For the purpose of any proceedings, civil
or | 17 |
| criminal, the good faith of any person or agency permitted to | 18 |
| share
SHOCAP information under this Act shall be presumed.
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| (f) All reports concerning SHOCAP clients made available to | 20 |
| members of
the SHOCAP committee and all records generated from | 21 |
| these reports shall be
confidential and shall not be disclosed, | 22 |
| except as specifically authorized
by this Act or other | 23 |
| applicable law. It is a Class A misdemeanor to
permit, assist, | 24 |
| or encourage the unauthorized release of any information
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| contained in SHOCAP reports or records.
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| (Source: P.A. 90-590, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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