State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB1923eng

 
HB1923 Engrossed                               LRB9206325RCcd

 1        AN ACT in relation to criminal law.

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

 4        Section  10.  The Unified Code of Corrections is  amended
 5    by 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  shall maintain a master record file
 9    on each person committed  to  it,  which  shall  contain  the
10    following information:
11             (1)  all information from the committing court;
12             (2)  reception summary;
13             (3)  evaluation    and    assignment   reports   and
14        recommendations;
15             (4)  reports as to program assignment and progress;
16             (5)  reports   of   disciplinary   infractions   and
17        disposition;
18             (6)  any parole plan;
19             (7)  any parole reports;
20             (8)  the date and circumstances of final  discharge;
21        and  any  other  pertinent  data  concerning the person's
22        background,    conduct,    associations    and     family
23        relationships  as  may  be  required by the Department. A
24        current summary index shall be maintained  on  each  file
25        which  shall  include  the person's known active and past
26        gang affiliations and ranks; and.
27             (9) a photograph of the  person  for  identification
28        purposes  that  the  Department  must require to be taken
29        each year and at other times when  the  Department  deems
30        that the person's appearance has dramatically changed.
31        (b)  All  files shall be confidential and access shall be
 
HB1923 Engrossed            -2-                LRB9206325RCcd
 1    limited to authorized personnel of the Department.  Personnel
 2    of  other  correctional,  welfare or law enforcement agencies
 3    may have access to files under rules and regulations  of  the
 4    Department. The Department shall keep a record of all outside
 5    personnel  who  have access to files, the files reviewed, any
 6    file material copied, and  the  purpose  of  access.  If  the
 7    Department or the Prisoner Review Board makes a determination
 8    under  this  Code  which  affects the length of the period of
 9    confinement or  commitment,  the  committed  person  and  his
10    counsel  shall  be advised of factual information relied upon
11    by  the  Department  or  Board  to  make  the  determination,
12    provided that the Department or Board shall not  be  required
13    to  advise  a  person  committed to the Juvenile Division any
14    such information which in the opinion of  the  Department  or
15    Board    would   be   detrimental   to   his   treatment   or
16    rehabilitation.
17        (c)  The master file  shall  be  maintained  at  a  place
18    convenient  to  its  use  by  personnel  of the Department in
19    charge of the person. When custody of a person is transferred
20    from the  Department  to  another  department  or  agency,  a
21    summary  of  the  file  shall  be  forwarded to the receiving
22    agency  with  such  other  information  required  by  law  or
23    requested by the agency under rules and  regulations  of  the
24    Department.
25        (d)  The master file of a person no longer in the custody
26    of  the Department shall be placed on inactive status and its
27    use shall be restricted subject to rules and  regulations  of
28    the Department.
29        (e)  All  public  agencies  may  make  available  to  the
30    Department   on   request  any  factual  data  not  otherwise
31    privileged as a matter of law in their possession in  respect
32    to individuals committed to the Department.
33    (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)

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