Bill Text: IL HB1245 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1245 Detail]

Download: Illinois-2023-HB1245-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1245 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3
Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.
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A BILL FOR
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AN ACT creating the Department of Returning Resident
Affairs.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Second
Chance Public Health and Safety Act.
Section 5. Legislative declarations and findings. The
General Assembly finds and declares that:
(1) The health, welfare, and prosperity of all
Illinois citizens requires the State to change its
response to individuals impacted by the judicial system
from failed siloed programming to a comprehensive,
coordinated, and holistic approach that provides those
returning residents with a real second chance to succeed
in life.
(2) Approximately 42% of Illinois' working age
population has an arrest or conviction record. The fact
that many of these Illinoisans had no first chance at
success in life before their interaction with the judicial
system, let alone a real second chance after their
release, underscores the need to respond to these
individuals when their justice involvement begins without
waiting until it ends.

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(3) This condition is exacerbated after these
individuals are released from incarceration because they
are often perceived as being forever irredeemable even
though they have paid their debt to society. Their
post-incarceration environment is therefore fraught with
barriers to their success, with obstacles impeding them
from accessing such basic human necessities as decent
housing, meaningful employment, transportation,
education, digital literacy, health care, and nutrition.
(4) The cost of those obstacles to Illinois is high,
both in terms of dollars and violence. Approximately 41%
of persons incarcerated in Illinois will recidivate within
3 years. Each recidivism event costs Illinois taxpayers
over $151,000. The cost of recidivism in terms of violence
to Illinois communities is higher, with 39% of returning
residents being re-arrested for a violent crime within 9
years of release and 86% of persons charged with a
homicide in Illinois having arrest or conviction records.
An uncalculated cost to Illinois is the loss of
productivity and profitability to our State's businesses
that suffer from labor shortages when returning residents
could be supported and prepared to enter the workforce.
(5) Illinois' current approach to returning residents
fails because it requires them to navigate through the
requirements of numerous disjointed, siloed, and
uncoordinated programs that do not fit their individual

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needs and without the fundamental knowledge, tools, and
assistance needed for those returning residents to
navigate them.
(6) It is in the best interests of all Illinois
citizens for the State to reduce the cost of recidivism by
moving from this failed approach. It is therefore in the
best interests of all Illinois citizens for the State to
create a comprehensive, coordinated, and holistic program
that provides returning residents with effective
assistance to respond to the social determinants and
obstacles that impede their successful reentry to society.
(7) This approach is best achieved by the State's
creation of a single Department to coordinate the
provision of programs to returning residents through
community-based navigators working for community-based
organizations. Those navigators and community-based
organizations understand returning residents' assessed and
individualized needs because they work in the communities
where returning residents live. With this experience, they
can support returning residents with the resources and
assistance they need to navigate through and connect with
the multiple systems and service providers that returning
residents require to be successful in life.
(8) The General Assembly therefore finds that it is
necessary to create the Department of Returning Resident
Affairs and to require the Department to take the actions

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and establish the programs described in this Act.
Section 10. Definitions. As used in this Act:
"Community-based organization" means a private, non-profit
entity that has established demonstrable experience providing
services to Illinois' returning resident community and an
understanding of the issues affecting those returning
residents, which is evidenced by:
(1) the provision of services to returning residents
in Illinois for at least 5 years;
(2) experience providing returning residents with
assistance regarding issues necessary for those returning
residents' success in life, including, without limitation,
job preparation training, skills training, job placement,
housing, financial and digital literacy, and physical and
behavioral health;
(3) experience providing educational programming to
returning residents;
(4) experience providing that assistance on a
comprehensive, coordinated, and holistic basis;
(5) experience using service delivery systems that
employ the navigators or personnel similar to the
navigators described in this Act to connect returning
residents to other community-based service providers;
(6) establishment of relationships with other
community-based service providers that serve returning

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residents' needs;
(7) the organization's history of employing returning
residents; and
(8) the organization's leadership reflecting the
diversity of the community in which the organization
operates.
"Council" means the Returning Resident Interagency
Council.
"Director" means the Director of Returning Resident
Affairs.
"Department" means the Department of Returning Resident
Affairs.
"For-profit correctional entity" means a person or entity
that directly, indirectly, or beneficially operates a
correctional or detention facility for profit.
"Hub site operator" means the community-based organization
that contracts with the Department to operate a hub site under
the Program;
"Navigator" means one of the various types of navigators
described in this Act or similarly identified individuals who
are employed by or contracted with a hub site operator under
the Program.
"Program" means the Second Chance State Program described
in this Act.
"Program participant" means a returning resident who has
consented to participate in the Program.

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"Returning resident" means an Illinois resident who is (i)
at least 17 years old or (ii) under 17 years old and is being
or has been charged or prosecuted for a crime as an adult; and:
(1) has been detained by a law enforcement officer or
correctional officer of this State or any agency or
political subdivision of this State;
(2) is a defendant in a criminal prosecution pending
in any State or federal court sitting in the State of
Illinois;
(3) is incarcerated or otherwise detained in any
local, county, State, or federal correctional or detention
facility located in the State of Illinois; or
(4) has been incarcerated or otherwise detained in any
local, county, State, or federal correctional or detention
facility.
Section 15. Creation of the Department of Returning
Resident Affairs. The Department of Returning Resident Affairs
is created. The Department shall exercise governmental and
public powers, be perpetual in duration, and have the powers
and duties enumerated in this Act, together with other powers
and duties conferred upon it by law and powers and duties that
are necessary or implied for the purpose of effectuating the
policy declared in Section 5.
Section 20. General powers of the Department.

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(a) Except as otherwise limited by this Act, the
Department has all of the powers necessary or convenient to
carry out the purposes and provisions of this Act, including,
without limitation, each of the following:
(1) To have a corporate seal, and to alter that seal at
pleasure, and to use it by causing it or a facsimile to be
affixed or impressed or reproduced in any other manner.
(2) To obtain and employ personnel and hire
consultants that are necessary to fulfill the Department's
purposes, and to make expenditures for that purpose within
the appropriations for that purpose.
(3) To purchase, receive, take by grant, gift, devise,
bequest, or otherwise, lease, or otherwise acquire, own,
hold, improve, employ, use, convey in whole or in part,
and otherwise deal in and with real or personal property
whether tangible or intangible, or any interest therein,
within the State.
(4) To make and execute agreements, contracts, and
other instruments necessary or convenient in the exercise
of the powers and functions of the Department under this
Act, including contracts with any person, local
government, State Department, or other entity. All State
agencies and all local governments are authorized to enter
into and do all things necessary to perform any such
agreement, contract, or other instrument with the
Department. No such agreement, contract, or other

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instrument shall exceed 40 years.
(6) To maintain the Department at such place or places
in the State as it may determine.
(7) To request information, and to make any inquiry,
investigation, survey, or study that the Department may
deem necessary to enable it effectively to carry out the
provisions of this Act.
(8) To accept and expend appropriations.
(9) To engage in any activity or operation that is
incidental to and in furtherance of efficient operation to
accomplish the Department's purposes.
(10) To adopt, revise, amend, and repeal rules with
respect to its operations as may be necessary or
convenient to carry out the purposes of this Act, subject
to the provisions of the Illinois Administrative Procedure
Act. The Department shall consult and collaborate with
community-based organizations in a meaningful manner when
developing the rules. The Department shall provide all
community-based organizations that file a written
statement of interest with the Department with at least 10
business days to comment on any proposed rules of the
Department before the Department publishes notice of the
proposed rules in the Illinois Register in accordance with
Section 5-40 of the Illinois Administrative Procedure Act.
(b) Unless otherwise stated, the Department is subject to
the provisions of all applicable laws, including, but not

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limited to:
(1) The State Records Act.
(2) The Illinois Procurement Code.
(3) The Freedom of Information Act.
(4) The State Property Control Act.
Section 25. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act shall
apply to all administrative rules and procedures of the
Department.
Section 30. Administrative Review Law. Any final
administrative decision of the Department is subject to review
under the Administrative Review Law.
Section 35. Illinois State Auditing Act. For purposes of
the Illinois State Auditing Act, the Department is a State
agency within the meaning of that Act and is subject to the
jurisdiction of the Auditor General.
Section 40. Department officials.
(a) The Department shall have a Director who meets the
qualifications specified in subsection (a) of Section 5-240 of
the Civil Administrative Code of Illinois.
(b) The Department shall have an Assistant Director and
General Counsel who meet the qualifications specified in

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subsection (b) of Section 5-240 of the Civil Administrative
Code of Illinois.
Section 45. The Second Chance State Program.
(a) Subject to appropriation, within one year of the
effective date of this Act, the Department shall develop,
create, implement, and administer the Second Chance State
Program.
(b) The following actions shall be taken to implement the
Program:
(1) Within 2 hours after making an arrest, or sooner
if the arrestee is released in less than 2 hours, each law
enforcement officer shall provide each person that the law
enforcement officer arrests with information about the
Program, including, without limitation, contact
information for the Program and an opportunity for the
arrestee to consent to the law enforcement officer's
direct referral of the arrestee to the Program. Upon the
arrestee's consent to such direct referral and provision
of appropriate contact information to the law enforcement
officer, that law enforcement officer shall forward the
arrestee's consent and contact information to the Program
within 5 business days after the law enforcement officer
receives such information.
(2) Simultaneously with a defendant's first appearance
in a criminal proceeding, the clerk of the circuit court

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where the defendant's case is pending shall provide the
defendant with information about the Program, including,
without limitation, contact information for the Program
and an opportunity for the defendant to consent to the
clerk's direct referral of the defendant to the Program.
Upon the defendant's consent to such direct referral and
provision of appropriate contact information to the clerk,
that clerk shall forward the defendant's consent and
contact information to the Program within 5 business days
after the clerk receives such information.
(3) Each county sheriff shall provide the following to
each person detained in a facility over which that sheriff
has jurisdiction, prior to each detainee's release from
the facility to the community: (A) information about the
Program, including, without limitation, contact
information for the Program and (B) an opportunity for the
detainee to consent to the sheriff's direct referral of
the detainee to the Program. Upon the detainee's consent
to such direct referral and provision of appropriate
contact information to the sheriff, that sheriff shall
forward the detainee's consent and contact information to
the Program within 5 business days after the sheriff
receives such information.
(4) The Department of Corrections shall provide the
following to each person incarcerated in a facility
operated directly by or under contract with the Department

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of Corrections within 6 months of the individual's
projected release from the facility to the community: (A)
information about the Program, including, without
limitation, contact information for the Program and (B) an
opportunity for the incarcerated individual to consent to
the Department of Corrections' direct referral of the
individual to the Program. Upon the incarcerated
individual's consent to such direct referral and provision
of appropriate contact information to the Department of
Corrections, the Department of Corrections shall forward
the incarcerated individual's consent and contact
information to the Program within 5 business days after
the Department of Corrections receives such information.
(5) The Department shall provide both hard copy and
electronic versions of the information and consent forms
described in this Act in English, Spanish, Polish, and
such other languages as the Department may choose to
clerks of the circuit court, county sheriffs, the
Department of Corrections, and other entities that request
such information and forms. The Department shall create a
system that allows for law enforcement officers, clerks of
the circuit court, the Department of Corrections, and
others to electronically transmit information to the
Department that is required by this Act in the most
reasonably efficient and expeditious manner. The
obligations imposed upon law enforcement officers, clerks

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of the circuit court, the Department of Corrections, and
others by this Act shall not be held in abeyance or
otherwise altered while the Department creates such a
system.
(6) The Department shall, on its own or under contract
with a community-based organization, maintain a
non-automated, toll-free telephone hotline for returning
residents to contact about their immediate needs and
referral to the Program. That hotline shall be solely
answered and staffed by individuals trained to triage and
otherwise provide a trauma-informed response to the needs
of returning residents who may be experiencing a crisis.
The Department shall endeavor to cause the hotline to be
staffed in a manner that allows for callers to it to be
connected to hotline staff within not less than 10 minutes
after the call is placed. Hotline staff shall connect
returning residents who call the hotline to:
(A) the 9-8-8 Suicide and Crisis Lifeline, another
suicide prevention hotline, or a qualified mental
health professional that can respond to the caller's
immediate needs if hotline staff determines that the
caller is in danger of harming the caller or others;
(B) community-based organizations or
community-based providers that can respond to other
immediate needs of the caller;
(C) a hub site for participation in the Program if

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the caller is a returning resident who consents to
such referral and provides the hotline with
information necessary to make the referral.
The Department shall partner, collaborate, and
otherwise work with community-based organizations to
develop a plan to publicize and promote this hotline.
(7) The Department shall partner, collaborate, and
otherwise work with federal correctional facilities
located in Illinois, other State agencies, community-based
organizations, community-based service providers,
religious and other charitable entities, and any other
entity it deems necessary to disseminate information about
the Program to returning residents and offer them an
opportunity to participate in the Program. Other State
agencies shall be required to partner, collaborate, and
otherwise work with the Department for this purpose.
(8) The Program shall be operated at 13 hub sites
geographically distributed across the State, including at
least one hub site located in or near each of the following
areas: Chicago (South Side), Chicago (Northwest and West
Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
Champaign, Danville, Decatur, Carbondale, East St. Louis,
and Alton.
(9) The Program's elements shall be delivered at each
hub site by community-based organizations, which shall act
as the hub site operator under contract with the

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Department, and the community-based organizations. The
Department shall not select a community-based organization
to deliver the Program's elements to more than 2 hub sites
throughout Illinois as a hub site operator, with each
community-based organization delivering the Program's
elements as a hub site operator at the hub site or hub
sites assigned to it by the Department for not less than a
3-year period. Those community-based organizations may
provide the Program elements as a hub site operator on
their own or in whole or part under subcontracts with
other community-based providers. The Department shall
employ not less than 3 Regional Supervisors to oversee the
work of the hub site operators.
(10) The Department shall electronically transmit
consents and contact information for each returning
resident that is referred to or otherwise contacts the
Program, to the hub site that services the geographic area
in which the returning resident is or expects to be
located within 2 business days after the Department
receives that information.
(11) The Program's elements at each hub site shall
consist of the following:
(A) Each hub site operator shall develop a network
of community-based service providers that provide
those services needed by each individual Program
participant to avoid incarceration and otherwise

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succeed in life, including, without limitation,
pretrial services (including, without limitation,
facilitating participation in participatory defense
and restorative justice programs and other
alternatives to traditional criminal proceedings),
education, job preparation and training, skills
training, job placement, housing, financial and
digital literacy, and physical and behavioral health.
(B) Each hub site operator shall employ pretrial
navigators at each hub site it operates. Each
returning resident who has been detained by law
enforcement or is a defendant in a criminal action and
who consents to participation in the Program shall be
assigned to a pretrial navigator.
(C) Law enforcement officers shall allow and
facilitate communications and in-person visits between
arrestees who have consented to referral to the
Program and pretrial navigators assigned to those
arrestees.
(D) Each hub site operator shall employ reentry
navigators at each hub site it operates. Each
returning resident who consents to participation in
the Program shall be assigned to a reentry navigator.
(E) The Department of Corrections shall allow and
facilitate communications and in-person visits between
returning residents incarcerated in correctional

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facilities operated directly by or under contract with
the Department of Corrections and who have consented
to referral to the Program and the reentry navigators
assigned to those returning residents, for the
purposes establishing a seamless transition of those
returning residents from the Department of Corrections
to the Program upon the returning residents' release
from incarceration into the community. Upon the
consent of a returning resident, the Department of
Corrections shall provide the reentry navigator
assigned to the returning resident with all:
(i) Medicaid-related information pertaining to
the returning resident that was obtained under
subsection (a-4) of Section 3-14-1 of the Unified
Code of Corrections; and
(ii) health care coverage information
pertaining to the returning resident that was
obtained under subsection (f) of Section 3-14-1 of
the Unified Code of Corrections.
Upon a returning resident's release from
incarceration, the Department of Corrections shall
also provide that returning resident with one month's
supply of any prescribed medications the returning
resident was taking at the time of the returning
resident's release.
(F) Each county sheriff shall allow and facilitate

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communications and in-person visits between returning
residents appearing in courts within that sheriff's
jurisdiction or detained in facilities operated
directly by or under contract with the county sheriff
and who have consented to referral to the Program and
the navigators assigned to those returning residents,
for the purpose of establishing a seamless transition
of those returning residents from those facilities to
the Program upon the returning residents' release from
detention into the community.
(G) Navigators shall be in regular communication
with the Program participants assigned to them for the
purposes of:
(i) assessing that participant's individual
needs to avoid recidivating and otherwise succeed
in life;
(ii) determining what community-based service
providers or others are best suited to provide
services to the participant that are necessary for
that purpose;
(iii) maintaining regular and continuing
contact with the Program participant for as long
as is necessary to ensure that the participant's
needs are being met and until the navigator
reasonably believes that the participant is not in
danger of recidivating and will otherwise maintain

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a healthy and successful life on a continuing
basis; and
(iv) providing other services that the
navigator may be required or authorized to provide
under law.
(H) Each hub site operator shall endeavor to limit
each navigator's active caseload of Program
participants assigned to that navigator to not more
than 25 returning residents.
(I) Each hub site operator shall employ one or
more Education Counselors at each hub site it operates
to assist pretrial and reentry navigators at that site
with obtaining and facilitating educational and
education-related financial aid opportunities for
Program participants and the presentation of
educational programming in correctional and detention
facilities. Each hub site shall conduct educational
programming for Program participants before, during,
and after they have been incarcerated or detained. The
Department of Corrections shall allow and facilitate
in-person and virtual contact between returning
residents incarcerated in correctional facilities
operated directly by or under contract with the
Department of Corrections and hub site personnel for
the purpose of conducting this programming. Each
county sheriff shall allow and facilitate in-person

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and virtual contact between returning residents
detained in facilities operated directly by or under
contract with the county sheriff and hub site
personnel for the purpose of conducting this
programming.
(J) Each hub site operator shall employ one or
more housing counselors at each hub site that it
operates, to assist pretrial and reentry navigators at
that site with housing issues affecting Program
participants.
(K) Each hub site operator shall employ one or
more job developers at each hub site that it operates,
to assist pretrial and reentry navigators at that site
with employment issues affecting Program participants.
(L) Each hub site operator shall employ one or
more qualified mental health professionals at each hub
site that it operates, to provide behavioral health
treatment to Program participants and assist pretrial
and reentry navigators at that site with behavioral
health issues affecting Program participants. Each hub
site operator shall endeavor to limit the caseload of
Program participants assigned to each qualified mental
health professional for treatment by that qualified
mental health professional to 25 Program participants.
(M) Each hub site operator shall employ one or
more certified alcohol and drug counselors at each hub

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site that it operates to assist pretrial and reentry
navigators at that site with substance use issues
affecting Program participants. Each hub site operator
shall endeavor to limit the caseload of Program
participants assigned to each certified alcohol and
drug counselor for treatment by that counselor to 25
Program participants.
(N) Each hub site operator shall employ one or
more persons who have been incarcerated to work as
certified peer support specialists at each hub site
that it operates. Each certified peer support
specialist shall assist Program participants with such
matters that include, without limitation, articulating
goals, developing plans, learning and practicing new
skills, monitoring progress, treatment support,
effective coping techniques, and self-help strategies,
and shall also assist pretrial and reentry navigators
at that site with issues affecting Program
participants. Each hub site operator shall endeavor to
limit the caseload of Program participants assigned to
each certified peer support specialist to 25 Program
participants.
(O) Within 2 years of the date of a hub site
operator's contract with the Department to operate a
hub site, the hub site operator shall develop and
implement a program to train individuals for

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certification as certified alcohol and drug counselors
and certified peer support specialists without charge
to those individuals. Preference for such training
shall be given to persons who have been incarcerated.
(P) When making employment decisions regarding the
employment of individuals at their hub sites, hub site
operators shall give preference to persons who have
been incarcerated. Hub site operators shall only
employ persons who have been incarcerated as certified
peer support specialists.
(Q) Hub site operators and the hub sites they
operate shall partner, collaborate, and otherwise work
together to develop best practices to achieve the
purposes of this Act and leverage resources available
for those purposes. The Department shall convene
in-person meetings or virtual meetings of all hub site
operators for this purpose on not less than a monthly
basis.
(R) The Department and the hub site operators
shall operate each hub site in cooperation and
geographic proximity with any hub sites that may be
operated under the Clean Jobs Workforce Network
Program, Clean Energy Contractor Incubator Program,
Returning Residents Clean Jobs Training Program,
Illinois Climate Works Preapprenticeship Program, or
Clean Energy Primes Contractor Accelerator Program.

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Section 50. Metrics and reporting.
(a) Each hub site operator shall report the following to
the Department on a quarterly basis for Program participants
served by the hub site:
(1) the total number of Program participants referred
to, assessed by, and enrolled in a program by the hub site
and total number of those Program participants who
successfully completed a program related to their referral
to the hub site;
(2) pretrial program referrals and 90-day, 180-day,
1-year, 2-year, 3-year, and 5-year incarceration or
recidivism rates for Program participants referred to
those programs, categorized by incarceration or recidivism
resulting from:
(i) violation of court-imposed restrictions;
(ii) alleged commission of a violent crime; and
(iii) alleged commission of a non-violent crime;
(3) 90-day, 180-day, 1-year, 2-year, 3-year and 5-year
recidivism rates for Program participants, categorized by
the recidivism resulting from:
(i) violation of probation, violation of mandatory
supervised release, technical parole violation, or
similar activity;
(ii) alleged commission of a violent crime; and
(iii) alleged commission of a non-violent crime;

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(4) job referrals, job starts, and 30-day, 60-day,
90-day, and 365-day job retention data;
(5) preapprenticeship training referrals,
preapprenticeship training acceptances, apprenticeship
program referrals, apprenticeship program acceptances and
30-day, 60-day, 90-day, and 365-day job retention data;
(6) the number of hours of educational programming
provided in correctional or detention facilities and the
number of incarcerated or detained individuals attending
that programming;
(7) educational referrals and placements, including,
without limitation, referrals to and placements in high
school equivalency programs, postsecondary educational
classes, and vocational classes;
(8) housing referrals, housing placements 30-day,
60-day, 90-day, and 365-day housing retention data,
categorized by transitional housing and permanent housing;
(9) non-hospital admission medical referrals,
non-hospital admission medical placements; hospital
admission referrals, hospital admission placements;
(10) behavioral health service referrals, behavioral
health assessments, behavioral health program enrollments,
and successful completions of behavioral health programs;
(11) substance or alcohol use referrals, substance or
alcohol use assessments, substance or alcohol use
treatment enrollments, and successful completions of

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substance or alcohol use treatment programs;
(12) referrals to other community-based service
providers and placements with those providers, categorized
by provider;
(13) financial expenditures for the operation of the
Program, itemized by categories, which shall be determined
by the Department; and
(14) such other information as the Department may
require.
(b) To facilitate the reporting required under this
Section that pertains to incarcerations or recidivism, the
Department of Corrections shall, on a monthly basis, provide
the Department with the identity of all individuals who were
taken into the custody of the Department of Corrections during
the previous month. The Department of Corrections shall also
provide the Department with such other information as the
Department reasonably requires for reporting purposes or to
otherwise implement or conduct the Program.
(c) The Department shall make the reports provided to it
by the hub site operators under this Section available on the
Department's website.
(d) The Department shall make an annual report to the
Governor and General Assembly that includes cumulative data
that reflects the information provided to the Department under
this Section.
(e) The Department shall annually perform an analysis of

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the financial costs and benefits of the Department's programs
and other programs that support or otherwise relate to
returning residents. This analysis shall include, at a
minimum, the financial impact of returning resident education,
training and employment programs and other returning resident
programs, the net tax revenues to the State and its political
subdivisions that result from returning resident programs, the
reduction in public assistance to returning residents that
results from returning resident programs, and such other
similar financial costs and benefits as the Director deems
necessary to analyze. The Governor's Office of Management and
Budget shall be the lead agency to provide principal support
to the Department for this analysis. All other State agencies
shall provide such information as the Department deems
reasonably necessary for this analysis and shall assist with
it. The Department shall report the findings of this analysis
to the General Assembly and the Governor and shall publish
those findings on its website.
Section 55. Privilege for communications by returning
residents.
(a) Except as provided in subsection (c), anything said or
done by an arrestee or Program participant as part of, in
anticipation of or as a follow-up to that that individual's
participation in the Program shall be privileged, shall not be
disclosed and may not be used in any pending or future civil,

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criminal, juvenile, court, administrative, or other proceeding
unless the privilege is waived in writing by the individual
covered by the privilege after the individual's informed
consent.
(b) Any waiver of privilege provided by this Section is
limited to the participation and communication of the waiving
party only, and the participation or communications of any
other arrestee or Program participant shall remain privileged
unless waived by the other individual.
(c) The privilege afforded by this Section does not apply
if disclosure is necessary to prevent death, great bodily
harm, or the commission of a crime.
Section 60. Prohibition on relationships with for-profit
correctional entities.
(a) Neither the Department nor any hub site operator shall
enter into a contractual or other financial, service, or
volunteer relationship with and shall not pay any money or
provide any other form of consideration to:
(1) a for-profit correctional entity;
(2) a person or entity that directly, indirectly, or
beneficially, in the name of the person or entity or in the
name of a nominee, has an ownership interest in or other
form of control over more than 7 1/2% of a for-profit
correctional entity;
(3) an entity where a person or entity described in

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paragraph (1) or (2) directly, indirectly, or
beneficially, in the name of the person or entity or in the
name of a nominee, has an ownership interest in or other
form of control over more than 7 1/2%;
(4) an entity where a person described in paragraph
(2) is an officer, director, trustee, administrator, or
employee;
(5) a person who is or has been an officer, director,
trustee, administrator, or employee of a for-profit
correctional entity;
(6) an entity where a person described in paragraph
(5) is an officer, director, trustee, administrator, or
employee;
(7) an entity in which a for-profit correctional
entity, directly, indirectly, or beneficially, in its own
name or in the name of a nominee, has an ownership interest
in or other form of control over more than 7 1/2%;
(8) a non-profit entity that was or is organized by,
operated by, or funded in part by, or has as an officer,
director, trustee, administrator, or employee, any person
or entity described in paragraphs (1) through (7).
(b) A hub site operator shall not assign or otherwise
transfer any of its powers, duties, or obligations that are
set forth in this Act or any agreement it enters into under
this Act to any person or entity described in subsection (a).
The Department, any officer, director, administrator, or

HB1245 - 29 - LRB103 05223 RLC 50240 b
employee of the Department, a hub site operator or any
officer, director, trustee, administrator, or employee shall
not refer a returning resident for any service whatsoever to a
person or entity described in paragraphs (1) through (7) of
subsection (a).
(c) Each party to any contract, agreement, memorandum of
understanding, or similar instrument with the Department or a
hub site operator shall certify in writing that, under penalty
of perjury, the party has performed due diligence to determine
whether the party complies with this Section and, after
performing that due diligence, has determined that the party
complies with this Section.
(d) Each employee of the Department and each hub site
operator shall certify in writing that, under penalty of
perjury, the employee or operator performed due diligence to
determine whether the employee or operator complies with this
Section and, after performing that due diligence, has
determined that the employee or operator complies with this
Section.
Section 65. Returning Residents Interagency Council. The
Returning Residents Interagency Council is established to
identify the manner in which State officials and agencies can
designate, allocate, and coordinate the use of their resources
to best support the needs of returning residents. The Director
shall be the chair of the Council. Each of the following shall

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appoint an employee from that office as a representative to
the Council:
(1) The Governor.
(2) The Attorney General.
(3) The Chief Justice of the Supreme Court.
(4) The Department on Aging.
(5) The Department of Agriculture.
(6) The Department of Central Management Services.
(7) The Department of Children and Family Services.
(8) The Department of Commerce and Economic
Opportunity.
(9) The Department of Corrections.
(10) The Department of Employment Security.
(11) The Department of Financial and Professional
Regulation.
(12) The Department of Healthcare and Family Services.
(13) The Department of Human Services.
(14) The Department of Innovation and Technology.
(15) The Department of Insurance.
(16) The Department of Labor.
(17) The Department of Public Health.
(18) The Department of Revenue.
(19) The Department of Transportation.
(20) The Department of Veterans' Affairs.
(21) The Governor's Office of Management and Budget.
(22) The Illinois Community College Board.

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(23) The Illinois Criminal Justice Information
Authority.
(24) The Illinois Finance Authority.
(25) The Illinois Housing Development Authority.
(26) The State Board of Higher Education.
(27) The Illinois State Police.
(28) The Secretary of State.
(29) The State Superintendent of Education.
(30) The State Treasurer.
(31) The sheriffs of the counties where the hubs
created pursuant to this Act are located.
(32) The Illinois Association of Court Clerks.
(33) The Illinois State's Attorneys Association.
(34) The Illinois Association of Chiefs of Police.
The Director may appoint other persons to the Council as
the Director determines necessary. The Council shall meet no
less than quarterly in places determined by the Director. The
Department shall provide the support and assistance needed by
the Council.
Section 75. Provisions of Act mandatory. Subject only to
appropriation, the provisions of this Act are mandatory and
shall not be considered to be directory or discretionary.
Section 905. The Freedom of Information Act is amended by
changing Section 7 as follows:

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(5 ILCS 140/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless

HB1245 - 33 - LRB103 05223 RLC 50240 b
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a

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confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency

HB1245 - 35 - LRB103 05223 RLC 50240 b
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.

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(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not

HB1245 - 37 - LRB103 05223 RLC 50240 b
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held

HB1245 - 38 - LRB103 05223 RLC 50240 b
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The

HB1245 - 39 - LRB103 05223 RLC 50240 b
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for

HB1245 - 40 - LRB103 05223 RLC 50240 b
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but

HB1245 - 41 - LRB103 05223 RLC 50240 b
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.

HB1245 - 42 - LRB103 05223 RLC 50240 b
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure

HB1245 - 43 - LRB103 05223 RLC 50240 b
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois

HB1245 - 44 - LRB103 05223 RLC 50240 b
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to

HB1245 - 45 - LRB103 05223 RLC 50240 b
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding

HB1245 - 46 - LRB103 05223 RLC 50240 b
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Records reflecting or otherwise pertaining to
anything said or done by a returning resident (as that
term is defined in the Second Chance Public Health and
Safety Act) as part of, in anticipation of or as a
follow-up to that returning resident's participation in
the Second Chance State Program set forth in the Second
Chance Public Health and Safety Act or any other program
conducted by the Department of Returning Resident Affairs.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a

HB1245 - 47 - LRB103 05223 RLC 50240 b
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
12-13-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall

HB1245 - 48 - LRB103 05223 RLC 50240 b
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body

HB1245 - 49 - LRB103 05223 RLC 50240 b
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;

HB1245 - 50 - LRB103 05223 RLC 50240 b
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit

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Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional

HB1245 - 52 - LRB103 05223 RLC 50240 b
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those

HB1245 - 53 - LRB103 05223 RLC 50240 b
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.

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Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic

HB1245 - 55 - LRB103 05223 RLC 50240 b
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public

HB1245 - 56 - LRB103 05223 RLC 50240 b
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or

HB1245 - 57 - LRB103 05223 RLC 50240 b
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,

HB1245 - 58 - LRB103 05223 RLC 50240 b
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,

HB1245 - 59 - LRB103 05223 RLC 50240 b
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.

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(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to

HB1245 - 61 - LRB103 05223 RLC 50240 b
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back

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Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Records reflecting or otherwise pertaining to
anything said or done by a returning resident (as that
term is defined in the Second Chance Public Health and
Safety Act) as part of, in anticipation of or as a
follow-up to that returning resident's participation in
the Second Chance State Program set forth in the Second
Chance Public Health and Safety Act or any other program
conducted by the Department of Returning Resident Affairs.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

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101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
6-10-22; revised 12-13-22.)
Section 910. The Civil Administrative Code of Illinois is
amended by changing Sections 5-15 and 5-20 and by adding
Sections 5-172, 5-240, and 5-402 as follows:
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.

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The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Returning Resident Affairs.
The Department of Revenue.
The Illinois State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.

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Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.

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Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Returning Resident Affairs, for the Department
of Returning Resident Affairs.
Director of Revenue, for the Department of Revenue.
Director of the Illinois State Police, for the Illinois
State Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 5/5-172 new)
Sec. 5-172. In the Department of Returning Resident
Affairs. Assistant Director of Returning Resident Affairs and
General Counsel of the Department of Returning Resident
Affairs.
(20 ILCS 5/5-240 new)
Sec. 5-240. In the Department of Returning Resident
Affairs.
(a) The Director of Returning Resident Affairs:
(1) shall have experience working with or for a

HB1245 - 67 - LRB103 05223 RLC 50240 b
community-based organization, as that term is defined in
the Second Chance Public Health and Safety Act and such
other expertise and qualifications as are deemed necessary
by the Governor for that individual to perform the duties
of that office; and
(2) shall have been incarcerated in an Illinois
Department of Corrections facility for not less than one
year.
(b) The Assistant Director of Returning Resident Affairs
and General Counsel of the Department of Returning Resident
Affairs shall each be licensed to practice law in the State of
Illinois and have such other expertise and qualifications as
are deemed necessary by the Governor for that individual to
perform the duties of that office.
(20 ILCS 5/5-402 new)
Sec. 5-402. In the Department of Returning Resident
Affairs. The Director of Returning Resident Affairs, Assistant
Director of Returning Resident Affairs, and General Counsel of
the Department of Returning Resident Affairs shall each
receive an annual salary as set by law.
Section 915. The Unified Code of Corrections is amended by
changing Section 3-14-3 as follows:
(730 ILCS 5/3-14-3) (from Ch. 38, par. 1003-14-3)

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Sec. 3-14-3. Parole services. To assist parolees or
releasees, the Department shall provide them with information
about and an opportunity to consent for referral to the Second
Chance State Program. The Department shall provide parolees or
releasees who do not consent to referral to the Second Chance
State Program with employment counseling and job placement
services, and may in addition to other services provide the
following:
(1) assistance in residential placement;
(2) family and individual counseling and treatment
placement;
(3) financial counseling;
(4) vocational and educational counseling and
placement; and
(5) referral services to any other State or local
agencies. The Department shall make information about the
availability of these services known to a parolee or
releasee prior to his or her release from the correctional
facility where the parolee or releasee has been residing.
The Department may purchase necessary services for a
parolee or releasee if they are otherwise unavailable and
the parolee or releasee is unable to pay for them. It may
assess all or part of the costs of such services to a
parolee or releasee in accordance with his ability to pay
for them.
(Source: P.A. 102-478, eff. 8-20-21.)

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Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 998. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.