Bill Text: IL SB1598 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Racial and Ethnic Impact Research Task Force Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0528 [SB1598 Detail]
Download: Illinois-2013-SB1598-Engrossed.html
Bill Title: Amends the Racial and Ethnic Impact Research Task Force Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0528 [SB1598 Detail]
Download: Illinois-2013-SB1598-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5 and by adding Section 4.5 as follows:
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6 | (20 ILCS 2630/4.5 new) | ||||||
7 | Sec. 4.5. Ethnic and racial data collection. | ||||||
8 | (a) Ethnic and racial background data shall be collected at | ||||||
9 | the point of arrest for all persons arrested. This data shall | ||||||
10 | be collected as outlined in subsection (b) for the purpose of | ||||||
11 | accuracy. If a person arrested is uncooperative or unable to | ||||||
12 | self-identify their ethnicity, race, or both, the officer | ||||||
13 | making the arrest report must orally administer the ethnicity | ||||||
14 | questions provided in subsection (b). If the arrestee is still | ||||||
15 | uncooperative or unable to self-identify or answer the | ||||||
16 | questions, the officer making the arrest report must attempt to | ||||||
17 | orally administer the ethnicity questions a second time. If the | ||||||
18 | arrestee is still uncooperative or unable to self-identify or | ||||||
19 | answer the questions, the officer may then, based on the | ||||||
20 | relevant circumstances and in good faith, deduce the ethnicity, | ||||||
21 | race, or both of the arrestee. If the officer deduces the | ||||||
22 | ethnicity, race, or both of the arrestee, the officer must | ||||||
23 | indicate that he or she has done so on the ethnicity |
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1 | self-identification form. | ||||||
2 | (b) Ethnicity self-identification forms shall be in | ||||||
3 | printed form and completed by each arrestee. The ethnicity | ||||||
4 | self-identification forms shall include ethnicity and race | ||||||
5 | information as distinct variables, with the following minimum | ||||||
6 | ethnicity and race designations and questions: | ||||||
7 | "Are you of Hispanic, Latino, or Spanish origin? | ||||||
8 | (A) Yes. | ||||||
9 | (B) No. | ||||||
10 | What race do you consider yourself to be? | ||||||
11 | (A) American Indian or Alaskan Native. | ||||||
12 | (B) Asian. | ||||||
13 | (C)
Black or African American. | ||||||
14 | (D) Native American or Other
Pacific Islander. | ||||||
15 | (E) White or Caucasian. | ||||||
16 | (F) Unknown." | ||||||
17 | (c) The ethnicity self-identification forms shall include | ||||||
18 | a question indicating whether the answers are self-reported or | ||||||
19 | completed by a law enforcement officer. | ||||||
20 | (d) Ethnic and racial background data self-reported at | ||||||
21 | arrest under subsection (b) shall supersede any ethnic and | ||||||
22 | racial data for that person previously received. | ||||||
23 | (e) Ethnic and racial data of each person committed to the | ||||||
24 | Department of Corrections and the Department of Juvenile | ||||||
25 | Justice shall be collected or corrected at each of the | ||||||
26 | following criminal justice contact points, where applicable, |
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1 | and included in the Department's records: arrest, referral, | ||||||
2 | diversion, detention, petition, delinquency findings, | ||||||
3 | probation, secure confinement, and transfer of juvenile to | ||||||
4 | adult court. The ethnic and racial data of each person shall be | ||||||
5 | collected in accordance with this Section. The most recent | ||||||
6 | self-reported ethnicity and racial data obtained shall | ||||||
7 | supersede ethnicity and racial data previously received.
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8 | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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9 | Sec. 5. Arrest reports. All policing bodies of this State | ||||||
10 | shall furnish to the Department,
daily, in the form and detail | ||||||
11 | the Department requires, fingerprints , and
descriptions , and | ||||||
12 | ethnic and racial background data as provided in Section 4.5 of | ||||||
13 | this Act of all persons who are arrested on charges of | ||||||
14 | violating any penal
statute of this State for offenses that are | ||||||
15 | classified as felonies and Class
A or B misdemeanors and of all | ||||||
16 | minors of the age of 10 and over who have been
arrested for an | ||||||
17 | offense which would be a felony if committed by an adult, and
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18 | may forward such fingerprints and descriptions for minors | ||||||
19 | arrested for Class A
or B misdemeanors. Moving or nonmoving | ||||||
20 | traffic violations under the Illinois
Vehicle Code shall not be | ||||||
21 | reported except for violations of Chapter 4, Section
11-204.1, | ||||||
22 | or Section 11-501 of that Code. In addition, conservation | ||||||
23 | offenses,
as defined in the Supreme Court Rule 501(c), that are | ||||||
24 | classified as Class B
misdemeanors shall not be reported. Those | ||||||
25 | law enforcement records maintained by the Department for minors |
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1 | arrested for an offense prior to their 17th birthday, or minors | ||||||
2 | arrested for a non-felony offense, if committed by an adult, | ||||||
3 | prior to their 18th birthday, shall not be forwarded to the | ||||||
4 | Federal Bureau of Investigation unless those records relate to | ||||||
5 | an arrest in which a minor was charged as an adult under any of | ||||||
6 | the transfer provisions of the Juvenile Court Act of 1987.
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7 | (Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
8 | 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. | ||||||
9 | 7-2-10.)
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10 | Section 10. The Illinois Uniform Conviction Information | ||||||
11 | Act is amended by changing Section 3 as follows:
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12 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
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13 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
14 | purposes
of this Act, unless the context clearly indicates | ||||||
15 | otherwise:
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16 | (A) "Accurate" means factually correct, containing no | ||||||
17 | mistake or error
of a material nature.
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18 | (B) The phrase "administer the criminal laws" includes any | ||||||
19 | of the
following activities: intelligence gathering, | ||||||
20 | surveillance, criminal
investigation, crime detection and | ||||||
21 | prevention (including research),
apprehension, detention, | ||||||
22 | pretrial or post-trial release, prosecution, the
correctional | ||||||
23 | supervision or rehabilitation of accused persons or criminal
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24 | offenders, criminal identification activities, or the |
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1 | collection,
maintenance or dissemination of criminal history | ||||||
2 | record information.
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3 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
4 | Information
Authority.
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5 | (D) "Automated" means the utilization of computers, | ||||||
6 | telecommunication
lines, or other automatic data processing | ||||||
7 | equipment for data collection or
storage, analysis, | ||||||
8 | processing, preservation, maintenance, dissemination, or
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9 | display and is distinguished from a system in which such | ||||||
10 | activities are
performed manually.
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11 | (E) "Complete" means accurately reflecting all the | ||||||
12 | criminal history
record information about an individual that is | ||||||
13 | required to be reported to
the Department pursuant to Section | ||||||
14 | 2.1 of the Criminal Identification Act.
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15 | (F) "Conviction information" means data reflecting a | ||||||
16 | judgment of guilt
or nolo contendere. The term includes all | ||||||
17 | prior and subsequent criminal
history events directly relating | ||||||
18 | to such judgments, such as, but not
limited to: (1) the | ||||||
19 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
20 | sentence imposed; (4) the fine imposed; and (5) all related
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21 | probation, parole, and release information. Information ceases | ||||||
22 | to be
"conviction information" when a judgment of guilt is | ||||||
23 | reversed or vacated.
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24 | For purposes of this Act, continuances to a date certain in | ||||||
25 | furtherance
of an order of supervision granted under Section | ||||||
26 | 5-6-1 of the Unified Code
of Corrections or an order of |
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1 | probation granted under either Section 10 of
the Cannabis | ||||||
2 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
3 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
4 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
5 | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | ||||||
7 | Dependency Act, Section
40-10 of the Alcoholism and Other Drug | ||||||
8 | Abuse and Dependency Act, or Section
10 of the Steroid Control | ||||||
9 | Act shall not be deemed "conviction information".
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10 | (G) "Criminal history record information" means data | ||||||
11 | identifiable to an
individual , including information collected | ||||||
12 | under Section 4.5 of the Criminal Identification Act, and | ||||||
13 | consisting of descriptions or notations of arrests,
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14 | detentions, indictments, informations, pretrial proceedings, | ||||||
15 | trials, or
other formal events in the criminal justice system | ||||||
16 | or descriptions or
notations of criminal charges (including | ||||||
17 | criminal violations of local
municipal ordinances) and the | ||||||
18 | nature of any disposition arising therefrom,
including | ||||||
19 | sentencing, court or correctional supervision, rehabilitation | ||||||
20 | and
release. The term does not apply to statistical records and | ||||||
21 | reports in
which individual are not identified and from which | ||||||
22 | their identities are not
ascertainable, or to information that | ||||||
23 | is for criminal investigative or
intelligence purposes.
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24 | (H) "Criminal justice agency" means (1) a government agency | ||||||
25 | or any
subunit thereof which is authorized to administer the | ||||||
26 | criminal laws and
which allocates a substantial part of its |
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1 | annual budget for that purpose,
or (2) an agency supported by | ||||||
2 | public funds which is authorized as its
principal function to | ||||||
3 | administer the criminal laws and which is officially
designated | ||||||
4 | by the Department as a criminal justice agency for purposes of
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5 | this Act.
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6 | (I) "The Department" means the Illinois Department of State | ||||||
7 | Police.
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8 | (J) "Director" means the Director of the Illinois | ||||||
9 | Department of State
Police.
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10 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
11 | information
in any form, oral, written, or otherwise.
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12 | (L) "Exigency" means pending danger or the threat of | ||||||
13 | pending danger to
an individual or property.
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14 | (M) "Non-criminal justice agency" means a State agency, | ||||||
15 | Federal agency,
or unit of local government that is not a | ||||||
16 | criminal justice agency. The
term does not refer to private | ||||||
17 | individuals, corporations, or
non-governmental agencies or | ||||||
18 | organizations.
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19 | (M-5) "Request" means the submission to the Department, in | ||||||
20 | the form and
manner required, the necessary data elements or | ||||||
21 | fingerprints, or both, to allow
the Department to initiate a | ||||||
22 | search of its criminal history record information
files.
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23 | (N) "Requester" means any private individual, corporation, | ||||||
24 | organization,
employer, employment agency, labor organization, | ||||||
25 | or non-criminal justice
agency that has made a request pursuant | ||||||
26 | to this Act
to obtain
conviction information maintained in the |
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1 | files of the Department of State
Police regarding a particular | ||||||
2 | individual.
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3 | (O) "Statistical information" means data from which the | ||||||
4 | identity of an
individual cannot be ascertained, | ||||||
5 | reconstructed, or verified and to which
the identity of an | ||||||
6 | individual cannot be linked by the recipient of the
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7 | information.
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8 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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9 | Section 15. The Illinois Criminal Justice Information Act | ||||||
10 | is amended by changing Section 3 as follows:
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11 | (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
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12 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
13 | purposes
of this Act unless the context clearly denotes | ||||||
14 | otherwise:
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15 | (a) The term "criminal justice system" includes all | ||||||
16 | activities by
public agencies pertaining to the prevention or
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17 | reduction of crime or enforcement of the criminal law, and | ||||||
18 | particularly,
but without limitation, the prevention, | ||||||
19 | detection, and investigation of
crime; the apprehension of | ||||||
20 | offenders; the protection of victims and
witnesses; the | ||||||
21 | administration of juvenile justice; the prosecution and
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22 | defense of criminal cases; the trial, conviction, and | ||||||
23 | sentencing of
offenders; as well as the correction and | ||||||
24 | rehabilitation of offenders,
which includes imprisonment, |
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1 | probation, parole and treatment.
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2 | (b) The term "Authority" means the Illinois Criminal | ||||||
3 | Justice Information
Authority created by this Act.
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4 | (c) The term "criminal justice information" means any and | ||||||
5 | every type of
information that is collected, transmitted, or | ||||||
6 | maintained by the criminal
justice system.
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7 | (d) The term "criminal history record information" means | ||||||
8 | data
identifiable to an individual , including information | ||||||
9 | collected under Section 4.5 of the Criminal Identification Act, | ||||||
10 | and consisting of descriptions or notations
of arrests, | ||||||
11 | detentions, indictments, informations, pre-trial proceedings,
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12 | trials, or other formal events in the criminal justice system | ||||||
13 | or
descriptions or notations of criminal charges (including | ||||||
14 | criminal
violations of local municipal ordinances) and the | ||||||
15 | nature of any disposition
arising therefrom, including | ||||||
16 | sentencing, court or correctional supervision,
rehabilitation, | ||||||
17 | and release. The term does not apply to statistical
records and | ||||||
18 | reports in which individuals are not identified and from which
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19 | their identities are not ascertainable, or to information that | ||||||
20 | is for
criminal investigative or intelligence purposes.
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21 | (e) The term "unit of general local government" means any | ||||||
22 | county,
municipality or other general purpose political | ||||||
23 | subdivision of this State.
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24 | (Source: P.A. 85-653.)
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25 | Section 20. The Unified Code of Corrections is amended by |
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1 | changing Sections 3-2.5-15, 3-5-1, and 3-5-3 as follows:
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2 | (730 ILCS 5/3-2.5-15)
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3 | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | ||||||
4 | of duties of the Juvenile Division. | ||||||
5 | (a) The Department of Juvenile Justice shall assume the | ||||||
6 | rights, powers, duties, and responsibilities of the Juvenile | ||||||
7 | Division of the Department of Corrections. Personnel, books, | ||||||
8 | records, property, and unencumbered appropriations pertaining | ||||||
9 | to the Juvenile Division of the Department of Corrections shall | ||||||
10 | be transferred to the Department of Juvenile Justice on the | ||||||
11 | effective date of this amendatory Act of the 94th General | ||||||
12 | Assembly. Any rights of employees or the State under the | ||||||
13 | Personnel Code or any other contract or plan shall be | ||||||
14 | unaffected by this transfer. | ||||||
15 | (b) Department of Juvenile Justice personnel who are hired | ||||||
16 | by the Department on or after the effective date of this | ||||||
17 | amendatory Act of the 94th General Assembly and who participate | ||||||
18 | or assist in the rehabilitative and vocational training of | ||||||
19 | delinquent youths, supervise the daily activities involving | ||||||
20 | direct and continuing responsibility for the youth's security, | ||||||
21 | welfare and development, or participate in the personal | ||||||
22 | rehabilitation of delinquent youth by training, supervising, | ||||||
23 | and assisting lower level personnel who perform these duties | ||||||
24 | must be over the age of 21 and have a bachelor's or advanced | ||||||
25 | degree from an accredited college or university with a |
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1 | specialization in criminal justice, education, psychology, | ||||||
2 | social work, or a closely related social science. This | ||||||
3 | requirement shall not apply to security, clerical, food | ||||||
4 | service, and maintenance staff that do not have direct and | ||||||
5 | regular contact with youth. The degree requirements specified | ||||||
6 | in this subsection (b) are not required of persons who provide | ||||||
7 | vocational training and who have adequate knowledge in the | ||||||
8 | skill for which they are providing the vocational training. | ||||||
9 | (c) Subsection (b) of this Section does not apply to | ||||||
10 | personnel transferred to the Department of Juvenile Justice on | ||||||
11 | the effective date of this amendatory Act of the 94th General | ||||||
12 | Assembly. | ||||||
13 | (d) The Department shall be under the direction of the | ||||||
14 | Director of Juvenile Justice as provided in this Code. | ||||||
15 | (e) The Director shall organize divisions within the | ||||||
16 | Department and shall assign functions, powers, duties, and | ||||||
17 | personnel as required by law. The Director may create other | ||||||
18 | divisions and may assign other functions, powers, duties, and | ||||||
19 | personnel as may be necessary or desirable to carry out the | ||||||
20 | functions and responsibilities vested by law in the Department. | ||||||
21 | The Director may, with the approval of the Office of the | ||||||
22 | Governor, assign to and share functions, powers, duties, and | ||||||
23 | personnel with other State agencies such that administrative | ||||||
24 | services and administrative facilities are provided by a shared | ||||||
25 | administrative service center. Where possible, shared services | ||||||
26 | which impact youth should be done with child-serving agencies. |
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1 | These administrative services may include, but are not limited | ||||||
2 | to, all of the following functions: budgeting, accounting | ||||||
3 | related functions, auditing, human resources, legal, | ||||||
4 | procurement, training, data collection and analysis, | ||||||
5 | information technology, internal investigations, intelligence, | ||||||
6 | legislative services, emergency response capability, statewide | ||||||
7 | transportation services, and general office support. | ||||||
8 | (f) The Department of Juvenile Justice may enter into | ||||||
9 | intergovernmental cooperation agreements under which minors | ||||||
10 | adjudicated delinquent and committed to the Department of | ||||||
11 | Juvenile Justice may participate in county juvenile impact | ||||||
12 | incarceration programs established under Section 3-6039 of the | ||||||
13 | Counties Code.
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14 | (g) The Department of Juvenile Justice must comply with the | ||||||
15 | ethnic and racial background data collection procedures | ||||||
16 | provided in subsection (e) of Section 4.5 of the Criminal | ||||||
17 | Identification Act. | ||||||
18 | (Source: P.A. 96-1022, eff. 1-1-11.)
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19 | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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20 | Sec. 3-5-1. Master Record File.
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21 | (a) The Department of Corrections and the Department of | ||||||
22 | Juvenile Justice shall
maintain a master record file on each | ||||||
23 | person committed to it,
which shall contain the following | ||||||
24 | information:
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25 | (1) all information from the committing court;
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1 | (1.5) ethnic and racial background data collected in | ||||||
2 | accordance with subsection (e) of Section 4.5 of the | ||||||
3 | Criminal Identification Act;
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4 | (2) reception summary;
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5 | (3) evaluation and assignment reports and | ||||||
6 | recommendations;
| ||||||
7 | (4) reports as to program assignment and progress;
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8 | (5) reports of disciplinary infractions and | ||||||
9 | disposition, including tickets and Administrative Review | ||||||
10 | Board action;
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11 | (6) any parole plan;
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12 | (7) any parole reports;
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13 | (8) the date and circumstances of final discharge; | ||||||
14 | (9) criminal history; | ||||||
15 | (10) current and past gang affiliations and ranks; | ||||||
16 | (11) information regarding associations and family | ||||||
17 | relationships; | ||||||
18 | (12) any grievances filed and responses to those | ||||||
19 | grievances; and | ||||||
20 | (13) other information that the respective Department | ||||||
21 | determines is relevant to the secure confinement and | ||||||
22 | rehabilitation of the committed person.
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23 | (b) All files shall be confidential and access shall be
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24 | limited to authorized personnel of the respective Department.
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25 | Personnel of other correctional, welfare or law enforcement
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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 Prisoner | ||||||
5 | Review Board makes a determination
under this Code which | ||||||
6 | affects the length of the period of
confinement or commitment, | ||||||
7 | the committed person and his counsel
shall be advised of | ||||||
8 | factual information relied upon by the
respective Department or | ||||||
9 | Board to make the determination, provided that
the Department | ||||||
10 | or Board shall not be required to advise a
person committed to | ||||||
11 | the Department of Juvenile Justice any such information
which | ||||||
12 | in the opinion of the Department of Juvenile Justice or Board | ||||||
13 | would be
detrimental to his treatment or rehabilitation.
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14 | (c) The master file shall be maintained at a place
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15 | convenient to its use by personnel of the respective Department | ||||||
16 | in
charge of the person. When custody of a person is | ||||||
17 | transferred
from the Department to another department or | ||||||
18 | agency, a
summary of the file shall be forwarded to the | ||||||
19 | receiving
agency with such other information required by law or
| ||||||
20 | requested by the agency under rules and regulations of the
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21 | respective Department.
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22 | (d) The master file of a person no longer in the custody
of | ||||||
23 | the respective Department shall be placed on inactive status | ||||||
24 | and its
use shall be restricted subject to rules and | ||||||
25 | regulations of
the Department.
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26 | (e) All public agencies may make available to the
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1 | respective Department on request any factual data not otherwise
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2 | privileged as a matter of law in their possession in respect
to | ||||||
3 | individuals committed to the respective Department.
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4 | (Source: P.A. 97-696, eff. 6-22-12.)
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5 | (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
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6 | Sec. 3-5-3. Annual and other Reports.
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7 | (a) The Director shall make an annual report to the | ||||||
8 | Governor and General Assembly concerning persons committed to | ||||||
9 | the Department, its
institutions, facilities and programs, of | ||||||
10 | all moneys expended and received,
and on what accounts expended | ||||||
11 | and received. The report shall include the ethnic and racial | ||||||
12 | background data, not identifiable to an individual, of all | ||||||
13 | persons committed to the Department, its institutions, | ||||||
14 | facilities, and programs.
| ||||||
15 | (b) (Blank).
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16 | (c) The Director may require such reports from division | ||||||
17 | administrators,
chief administrative officers and other | ||||||
18 | personnel as he deems necessary for
the administration of the | ||||||
19 | Department.
| ||||||
20 | (d) (Blank).
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21 | (Source: P.A. 97-800, eff. 7-13-12.)
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22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2014.
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