Public Act 0071 103RD GENERAL ASSEMBLY




 

 
Public Act 103-0071
 
SB0422 EnrolledLRB103 02874 RLC 47880 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-5-1 as follows:
 
 


    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)

  
    Sec. 3-5-1. Master Record File. 

    (a) The Department of Corrections and the Department of 
Juvenile Justice shall
maintain a master record file on each 
person committed to it,
which shall contain the following 
information:

        (1) all information from the committing court;

        (1.5) ethnic and racial background data collected in 
    accordance with Section 4.5 of the Criminal Identification 
    Act; 
        (2) reception summary;

        (3) evaluation and assignment reports and 
    recommendations;

        (4) reports as to program assignment and progress;

        (5) reports of disciplinary infractions and 
    disposition, including tickets and Administrative Review 
    Board action;

        (6) any parole or aftercare release plan;

        (7) any parole or aftercare release reports;

        (8) the date and circumstances of final discharge; 
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family 
    relationships;
        (12) any grievances filed and responses to those 
    grievances; and
        (13) other information that the respective Department 
    determines is relevant to the secure confinement and 
    rehabilitation of the committed person; .

        (14)  the last known address provided by the person 
    committed; and 
        (15) all medical and dental records. 
    (b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department 
or by disclosure in accordance with a court order or subpoena.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall 
keep a record of all
outside personnel who have access to 
files, the files reviewed,
any file material copied, and the 
purpose of access. If the
respective Department or the 
Prisoner Review Board makes a determination
under this Code 
which affects the length of the period of
confinement or 
commitment, the committed person and his counsel
shall be 
advised of factual information relied upon by the
respective 
Department or Board to make the determination, provided that

the Department or Board shall not be required to advise a

person committed to the Department of Juvenile Justice any 
such information
which in the opinion of the Department of 
Juvenile Justice or Board would be
detrimental to his 
treatment or rehabilitation.

    (c) The master file shall be maintained at a place

convenient to its use by personnel of the respective 
Department in
charge of the person. When custody of a person is 
transferred
from the Department to another department or 
agency, a
summary of the file shall be forwarded to the 
receiving
agency with such other information required by law 
or
requested by the agency under rules and regulations of the

respective Department.

    (d) The master file of a person no longer in the custody
of 
the respective Department shall be placed on inactive status 
and its
use shall be restricted subject to rules and 
regulations of
the Department.

    (e) All public agencies may make available to the

respective Department on request any factual data not 
otherwise
privileged as a matter of law in their possession in 
respect
to individuals committed to the respective Department.

    (f) A committed person may request a summary of the 
committed person's master record file once per year and the 
committed person's  attorney may request one summary of the 
committed person's master record file once per year. The 
Department shall create a form for requesting this summary, 
and shall make that form available to committed persons and to 
the public on its website. Upon receipt of the request form, 
the Department shall provide the summary within 15 days.  The 
summary must contain, unless otherwise prohibited by law:
        (1)  the person's name, ethnic, racial, and other 
    identifying information;
        (2) all digitally available information from the 
    committing court;
        (3)  all information in the Offender 360 system on the 
    person's criminal history;
        (4) the person's complete assignment history in the 
    Department of Corrections;
        (5) the person's disciplinary card;
        (6) additional records about up to 3 specific 
    disciplinary incidents as identified by the requester;
        (7) any available records about up to 5 specific 
    grievances filed by the person, as identified by the 
    requester; and
        (8)  the records of all grievances filed on or after 
    January 1, 2023.
    Notwithstanding any provision of this subsection (f) to 
the contrary, a committed person's master record file is not 
subject to disclosure and copying under the Freedom of 
Information Act. 
    (g)  Subject to appropriation, on or before  July 1, 2025, 
the Department of Corrections shall digitalize all newly  
committed persons' master record files who
become incarcerated 
and all other new information that the Department maintains 
concerning its correctional
institutions, facilities, and 
individuals incarcerated.
    (h) Subject to appropriation, on or before July 1, 2027, 
the Department of Corrections shall digitalize all medical and 
dental records in the master
record files and all other 
information that the Department maintains concerning its 
correctional institutions
and facilities in relation to 
medical records, dental records, and medical and dental needs 
of committed persons.
    (i) Subject to appropriation, on or before July 1, 2029, 
the Department of Corrections shall digitalize all information 
in the master record
files and all other information that the 
Department
maintains concerning its correctional institutions 
and facilities.
    (j) The Department of Corrections shall adopt rules to 
implement subsections (g), (h), and (i) if appropriations are 
available to implement these provisions.
    (k) Subject to appropriation, the Department of 
Corrections, in consultation with the Department of Innovation 
and Technology, shall conduct a study on the best way to 
digitize all Department of Corrections records and the impact 
of that digitizing on State agencies, including the impact on 
the Department of Innovation and Technology.  The study shall 
be completed on or before January 1, 2024. 
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 
revised 12-14-22.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.