Full Text of SB2128 103rd General Assembly
SB2128sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 2128
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2128 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | Juvenile Justice shall
maintain a master record file on each | 10 | | person committed to it,
which shall contain the following | 11 | | information:
| 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;
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| 1 | | (3) evaluation and assignment reports and | 2 | | recommendations;
| 3 | | (4) reports as to program assignment and progress;
| 4 | | (5) reports of disciplinary infractions and | 5 | | disposition, including tickets and Administrative Review | 6 | | Board action;
| 7 | | (6) any parole or aftercare release plan;
| 8 | | (7) any parole or aftercare release reports;
| 9 | | (8) the date and circumstances of final discharge; | 10 | | (9) criminal history; | 11 | | (10) current and past gang affiliations and ranks; | 12 | | (11) information regarding associations and family | 13 | | relationships; | 14 | | (12) any grievances filed and responses to those | 15 | | grievances; and | 16 | | (13) other information that the respective Department | 17 | | determines is relevant to the secure confinement and | 18 | | rehabilitation of the committed person .
| 19 | | (14) the last known address provided by the person | 20 | | committed; and | 21 | | (15) all medical and dental records. | 22 | | (b) All files shall be confidential and access shall be
| 23 | | limited to authorized personnel of the respective Department | 24 | | or by disclosure in accordance with a court order or subpoena.
| 25 | | Personnel of other correctional, welfare or law enforcement
| 26 | | agencies may have access to files under rules and regulations
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| 1 | | of the respective Department. The respective Department shall | 2 | | keep a record of all
outside personnel who have access to | 3 | | files, the files reviewed,
any file material copied, and the | 4 | | purpose of access. If the
respective Department or the | 5 | | Prisoner Review Board makes a determination
under this Code | 6 | | which affects the length of the period of
confinement or | 7 | | commitment, the committed person and his counsel
shall be | 8 | | advised of factual information relied upon by the
respective | 9 | | Department or Board to make the determination, provided that
| 10 | | the Department or Board shall not be required to advise a
| 11 | | person committed to the Department of Juvenile Justice any | 12 | | such information
which in the opinion of the Department of | 13 | | Juvenile Justice or Board would be
detrimental to his | 14 | | treatment or rehabilitation.
| 15 | | (c) The master file shall be maintained at a place
| 16 | | convenient to its use by personnel of the respective | 17 | | Department in
charge of the person. When custody of a person is | 18 | | transferred
from the Department to another department or | 19 | | agency, a
summary of the file shall be forwarded to the | 20 | | receiving
agency with such other information required by law | 21 | | or
requested by the agency under rules and regulations of the
| 22 | | respective Department.
| 23 | | (d) The master file of a person no longer in the custody
of | 24 | | the respective Department shall be placed on inactive status | 25 | | and its
use shall be restricted subject to rules and | 26 | | regulations of
the Department.
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| 1 | | (e) All public agencies may make available to the
| 2 | | respective Department on request any factual data not | 3 | | otherwise
privileged as a matter of law in their possession in | 4 | | respect
to individuals committed to the respective Department.
| 5 | | (f) A committed person may request a summary of the | 6 | | committed person's master record file once per year and the | 7 | | committed person's attorney may request one summary of the | 8 | | committed person's master record file once per year. The | 9 | | Department shall create a form for requesting this summary, | 10 | | and shall make that form available to committed persons and to | 11 | | the public on its website. Upon receipt of the request form, | 12 | | the Department shall provide the summary within 15 days. The | 13 | | summary must contain, unless otherwise prohibited by law: | 14 | | (1) the person's name, ethnic, racial, and other | 15 | | identifying information; | 16 | | (2) all digitally available information from the | 17 | | committing court; | 18 | | (3) all information in the Offender 360 system on the | 19 | | person's criminal history; | 20 | | (4) the person's complete assignment history in the | 21 | | Department of Corrections; | 22 | | (5) the person's disciplinary card; | 23 | | (6) additional records about up to 3 specific | 24 | | disciplinary incidents as identified by the requester; | 25 | | (7) any available records about up to 5 specific | 26 | | grievances filed by the person, as identified by the |
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| 1 | | requester; and | 2 | | (8) the records of all grievances filed on or after | 3 | | January 1, 2023. | 4 | | Notwithstanding any provision of this subsection (f) to | 5 | | the contrary, a committed person's master record file is not | 6 | | subject to disclosure and copying under the Freedom of | 7 | | Information Act. | 8 | | (g) On July 1, 2024, the Department of Corrections shall | 9 | | digitalize all newly committed persons' master record files | 10 | | who
become incarcerated and all other new information that the | 11 | | Department maintains concerning its correctional
institutions, | 12 | | facilities, and individuals incarcerated. | 13 | | (h) On or before July 1, 2026, the Department of | 14 | | Corrections shall digitalize all medical and dental records in | 15 | | the master
record files and all other information that the | 16 | | Department maintains concerning its correctional institutions
| 17 | | and facilities in relation to medical records, dental records, | 18 | | and medical and dental needs of committed persons. | 19 | | (i) On or before July 1, 2028, the Department of | 20 | | Corrections shall digitalize all information in the master | 21 | | record
files and all other information that the Department
| 22 | | maintains concerning its correctional institutions and | 23 | | facilities. | 24 | | (j) The Department of Corrections shall adopt rules to | 25 | | implement subsections (g), (h), and (i). | 26 | | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; |
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| 1 | | revised 12-14-22.)".
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