Bill Text: IL SB0422 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Provides that the master record file shall contain the last known address provided by the person committed and all medical and dental records of the committed person. Subject to appropriation, provides for the digitizing of Department of Corrections master record files on a staggered timeline. Provides that the Department of Corrections shall adopt rules concerning the digitalization of master record files. Provides that, subject to appropriation, the Department of Corrections, in consultation with the Department of Innovation and Technology, shall conduct a study on the best way to digitize all Department of Corrections records and the impact of that digitizing on State agencies, including the impact on the Department of Innovation and Technology. Provides that the study shall be completed on or before January 1, 2024. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0071 [SB0422 Detail]

Download: Illinois-2023-SB0422-Engrossed.html

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SB0422 Engrossed LRB103 02874 RLC 47880 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-5-1 as follows:
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in
accordance with Section 4.5 of the Criminal Identification
Act;
(2) reception summary;
(3) evaluation and assignment reports and
recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
disposition, including tickets and Administrative Review
Board action;
(6) any parole or aftercare release plan;

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(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
relationships;
(12) any grievances filed and responses to those
grievances; and
(13) other information that the respective Department
determines is relevant to the secure confinement and
rehabilitation of the committed person; .
(14) the last known address provided by the person
committed; and
(15) all medical and dental records.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department
or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the
Prisoner Review Board makes a determination under this Code
which affects the length of the period of confinement or
commitment, the committed person and his counsel shall be

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advised of factual information relied upon by the respective
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any
such information which in the opinion of the Department of
Juvenile Justice or Board would be detrimental to his
treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective
Department in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law
or requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not
otherwise privileged as a matter of law in their possession in
respect to individuals committed to the respective Department.
(f) A committed person may request a summary of the
committed person's master record file once per year and the
committed person's attorney may request one summary of the

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committed person's master record file once per year. The
Department shall create a form for requesting this summary,
and shall make that form available to committed persons and to
the public on its website. Upon receipt of the request form,
the Department shall provide the summary within 15 days. The
summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, and other
identifying information;
(2) all digitally available information from the
committing court;
(3) all information in the Offender 360 system on the
person's criminal history;
(4) the person's complete assignment history in the
Department of Corrections;
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
disciplinary incidents as identified by the requester;
(7) any available records about up to 5 specific
grievances filed by the person, as identified by the
requester; and
(8) the records of all grievances filed on or after
January 1, 2023.
Notwithstanding any provision of this subsection (f) to
the contrary, a committed person's master record file is not
subject to disclosure and copying under the Freedom of
Information Act.

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(g) Subject to appropriation, on or before July 1, 2025,
the Department of Corrections shall digitalize all newly
committed persons' master record files who become incarcerated
and all other new information that the Department maintains
concerning its correctional institutions, facilities, and
individuals incarcerated.
(h) Subject to appropriation, on or before July 1, 2027,
the Department of Corrections shall digitalize all medical and
dental records in the master record files and all other
information that the Department maintains concerning its
correctional institutions and facilities in relation to
medical records, dental records, and medical and dental needs
of committed persons.
(i) Subject to appropriation, on or before July 1, 2029,
the Department of Corrections shall digitalize all information
in the master record files and all other information that the
Department maintains concerning its correctional institutions
and facilities.
(j) The Department of Corrections shall adopt rules to
implement subsections (g), (h), and (i) if appropriations are
available to implement these provisions.
(k) Subject to appropriation, the Department of
Corrections, in consultation with the Department of Innovation
and Technology, shall conduct a study on the best way to
digitize all Department of Corrections records and the impact
of that digitizing on State agencies, including the impact on

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the Department of Innovation and Technology. The study shall
be completed on or before January 1, 2024.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
revised 12-14-22.)