Bill Text: IL HB5155 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Incarceration Demographic Data Transparency Act. Provides that for each person confined for any length of time in a State correctional institution or county jail demographic data shall be collected. Provides that the data shall consist of the race, ethnicity, and gender of confined persons. Provides that the Department of Corrections shall establish uniform statewide standards for the collection of demographic data that: (1) are consistent with applicable federal civil rights reporting requirements; (2) promote accuracy and consistency across jurisdictions; and (3) protect the dignity, privacy, and safety of confined individuals. Provides that the Department shall collect and maintain demographic data for all covered individuals confined in State correctional facilities. Provides that each county sheriff shall collect demographic data for covered individuals confined in county jails and shall submit such data to the Department in the form and manner prescribed by the Department. Provides that demographic data shall be submitted and reported at least quarterly and shall include: (1) snapshot population counts; and (2) admissions and releases occurring during the reporting period. Provides that the Department shall publish demographic data collected under the Act on a publicly accessible website in a searchable and downloadable manner. Provides that publicly reported data shall: (1) be aggregated and de-identified; and (2) exclude or suppress categories where disclosure would create a reasonable risk of identifying an individual. Provides that nothing in the Act authorizes the public release of personally identifiable information. Provides that the Department shall oversee implementation and compliance with the Act and provide guidance, reporting templates, and technical assistance to county sheriffs as necessary to implement the Act. Provides that the implementation of the Act is subject to appropriation. Provides that no criminal penalty shall apply to good-faith errors, technical mistakes, or omissions that are promptly corrected upon notice. Provides that the criminal penalties provided in this provision do not preclude administrative sanctions, civil penalties, injunctive relief, or other remedies authorized by law.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB5155 Detail]

Download: Illinois-2025-HB5155-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5155 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
New Act
Creates the Incarceration Demographic Data Transparency Act. Provides that for each person confined for any length of time in a State correctional institution or county jail demographic data shall be collected. Provides that the data shall consist of the race, ethnicity, and gender of confined persons. Provides that the Department of Corrections shall establish uniform statewide standards for the collection of demographic data that: (1) are consistent with applicable federal civil rights reporting requirements; (2) promote accuracy and consistency across jurisdictions; and (3) protect the dignity, privacy, and safety of confined individuals. Provides that the Department shall collect and maintain demographic data for all covered individuals confined in State correctional facilities. Provides that each county sheriff shall collect demographic data for covered individuals confined in county jails and shall submit such data to the Department in the form and manner prescribed by the Department. Provides that demographic data shall be submitted and reported at least quarterly and shall include: (1) snapshot population counts; and (2) admissions and releases occurring during the reporting period. Provides that the Department shall publish demographic data collected under the Act on a publicly accessible website in a searchable and downloadable. Provides that publicly reported data shall: (1) be aggregated and de-identified; and (2) exclude or suppress categories where disclosure would create a reasonable risk of identifying an individual. Provides that nothing in the Act authorizes the public release of personally identifiable information. Provides that the Department shall oversee implementation and compliance with the Act and provide guidance, reporting templates, and technical assistance to county sheriffs as necessary to implement the Act. Provides that the implementation of the Act is subject to appropriation. Provides that no criminal penalty shall apply to good-faith errors, technical mistakes, or omissions that are promptly corrected upon notice. Provides that the criminal penalties provided in this provision do not preclude administrative sanctions, civil penalties, injunctive relief, or other remedies authorized by law.
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A BILL FOR
HB5155 LRB104 17828 RLC 31262 b
AN ACT concerning criminal law.
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
Incarceration Demographic Data Transparency Act.
Section 5. Purpose. The purpose of this Act is to require
the uniform collection and public reporting of demographic
data for individuals confined in Illinois State correctional
facilities and county jails, in order to promote transparency,
equity, and evidence-based criminal justice policy, while
protecting individual privacy and safety.
Section 10. Definitions. In this Act:
"County jail" means any jail, detention center, or
correctional facility operated by a county sheriff for the
confinement of persons:
(1) awaiting trial or disposition; or
(2) serving a sentence of less than one year.
"Covered individual" means any person confined in a State
correctional facility or county jail for any length of time.
"Demographic data" means information regarding race,
ethnicity, and gender collected under Section 15 of this Act.
"De-identified data" means data from which all personally

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identifying information has been removed, including, but not
limited to name, date of birth, booking number, and any unique
identifier.
"Department" means the Department of Corrections.
Section 15. Demographic data collection.
(a) For each covered individual, the following demographic
data shall be collected:
(1) race;
(2) ethnicity; and
(3) gender.
(b) The Department shall establish uniform statewide
standards for the collection of demographic data that:
(1) are consistent with applicable federal civil
rights reporting requirements;
(2) promote accuracy and consistency across
jurisdictions; and
(3) protect the dignity, privacy, and safety of
confined individuals.
(c) The standards for gender data collection shall, to the
extent practicable:
(1) permit self-identification;
(2) avoid forced or inaccurate classification; and
(3) distinguish between sex assigned at birth and
current gender identity.

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Section 20. Reporting requirements.
(a) The Department shall collect and maintain demographic
data for all covered individuals confined in State
correctional facilities.
(b) Each county sheriff shall collect demographic data for
covered individuals confined in county jails and shall submit
such data to the Department in the form and manner prescribed
by the Department.
(c) Demographic data shall be submitted and reported at
least quarterly and shall include:
(1) snapshot population counts; and
(2) admissions and releases occurring during the
reporting period.
Section 25. Public reporting.
(a) The Department shall publish demographic data
collected under this Act on a publicly accessible website in a
searchable and downloadable format.
(b) Publicly reported data shall:
(1) be aggregated and de-identified; and
(2) exclude or suppress categories where disclosure
would create a reasonable risk of identifying an
individual.
(c) Nothing in this Act authorizes the public release of
personally identifiable information.

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Section 30. Oversight and compliance.
(a) The Department shall oversee implementation and
compliance with this Act.
(b) The Department shall provide guidance, reporting
templates, and technical assistance to county sheriffs as
necessary to implement this Act.
Section 35. Funding. The implementation of this Act is
subject to appropriation. The Department shall not require
county compliance with reporting requirements unless
sufficient funding or technical support is made available by
the State.
Section 40. Rulemaking. The Department shall adopt rules
necessary to implement this Act no later than 12 months after
the effective date of the Act.
Section 45. Enforcement and criminal penalties.
(a) Any person who knowingly falsifies, alters, or
fabricates demographic data required to be collected or
reported under this Act, or who knowingly causes such
falsification, alteration, or fabrication, commits a Class A
misdemeanor.
(b) Any responsible official who knowingly and willfully
fails to submit required demographic data after receiving
written notice of noncompliance from the overseeing agency and

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a reasonable opportunity to cure shall be guilty of a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(c) A person commits a Class A misdemeanor if the person
knowingly retaliate against a covered individual or employee
for providing accurate information or for reporting a
violation of this Act.
(d) No criminal penalty shall apply to good-faith errors,
technical mistakes, or omissions that are promptly corrected
upon notice.
(e) The criminal penalties provided in this Section do not
preclude administrative sanctions, civil penalties, injunctive
relief, or other remedies authorized by law.