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| Public Act 098-0528
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| SB1598 Enrolled | LRB098 10198 MRW 40357 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by |
changing Section 5 and by adding Section 4.5 as follows:
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(20 ILCS 2630/4.5 new) |
Sec. 4.5. Ethnic and racial data collection. |
(a) Ethnic and racial data for every adult or juvenile |
arrested shall be collected at the following points of contact |
by the entity identified in this subsection or another entity |
authorized and qualified to collect and report on this data: |
(1) at arrest or booking, by the supervising law |
enforcement agency; |
(2) upon admittance to the Department of Corrections, |
by the Department of Corrections; |
(3) upon admittance to the Department of Juvenile |
Justice, by the Department of Juvenile Justice; and |
(3) upon transfer from the Department of Juvenile |
Justice to the Department of Corrections, by the Department |
of Juvenile Justice. |
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(b) Ethnic and racial data shall be collected through |
selection of one of the following categories: |
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(1) American Indian or Alaskan Native; |
(2) Asian or Pacific Islander; |
(3) Black or African American; |
(4) White or Caucasian; |
(5) Hispanic or Latino; or |
(6) Unknown. |
(c) The collecting entity shall make a good-faith effort to |
collect race and ethnicity information as self-reported by the |
adult or juvenile. If the adult or juvenile is unable or |
unwilling to provide race and ethnicity information, the |
collecting entity shall make a good-faith effort to deduce the |
race and ethnicity of the adult or juvenile.
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(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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Sec. 5. Arrest reports. All policing bodies of this State |
shall furnish to the Department,
daily, in the form and detail |
the Department requires, fingerprints, and
descriptions, and |
ethnic and racial background data as provided in Section 4.5 of |
this Act of all persons who are arrested on charges of |
violating any penal
statute of this State for offenses that are |
classified as felonies and Class
A or B misdemeanors and of all |
minors of the age of 10 and over who have been
arrested for an |
offense which would be a felony if committed by an adult, and
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may forward such fingerprints and descriptions for minors |
arrested for Class A
or B misdemeanors. Moving or nonmoving |
traffic violations under the Illinois
Vehicle Code shall not be |
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reported except for violations of Chapter 4, Section
11-204.1, |
or Section 11-501 of that Code. In addition, conservation |
offenses,
as defined in the Supreme Court Rule 501(c), that are |
classified as Class B
misdemeanors shall not be reported. Those |
law enforcement records maintained by the Department for minors |
arrested for an offense prior to their 17th birthday, or minors |
arrested for a non-felony offense, if committed by an adult, |
prior to their 18th birthday, shall not be forwarded to the |
Federal Bureau of Investigation unless those records relate to |
an arrest in which a minor was charged as an adult under any of |
the transfer provisions of the Juvenile Court Act of 1987.
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(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; |
96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. |
7-2-10.)
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Section 10. The Illinois Uniform Conviction Information |
Act is amended by changing Section 3 as follows:
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(20 ILCS 2635/3) (from Ch. 38, par. 1603)
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Sec. 3. Definitions. Whenever used in this Act, and for the |
purposes
of this Act, unless the context clearly indicates |
otherwise:
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(A) "Accurate" means factually correct, containing no |
mistake or error
of a material nature.
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(B) The phrase "administer the criminal laws" includes any |
of the
following activities: intelligence gathering, |
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surveillance, criminal
investigation, crime detection and |
prevention (including research),
apprehension, detention, |
pretrial or post-trial release, prosecution, the
correctional |
supervision or rehabilitation of accused persons or criminal
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offenders, criminal identification activities, or the |
collection,
maintenance or dissemination of criminal history |
record information.
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(C) "The Authority" means the Illinois Criminal Justice |
Information
Authority.
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(D) "Automated" means the utilization of computers, |
telecommunication
lines, or other automatic data processing |
equipment for data collection or
storage, analysis, |
processing, preservation, maintenance, dissemination, or
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display and is distinguished from a system in which such |
activities are
performed manually.
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(E) "Complete" means accurately reflecting all the |
criminal history
record information about an individual that is |
required to be reported to
the Department pursuant to Section |
2.1 of the Criminal Identification Act.
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(F) "Conviction information" means data reflecting a |
judgment of guilt
or nolo contendere. The term includes all |
prior and subsequent criminal
history events directly relating |
to such judgments, such as, but not
limited to: (1) the |
notation of arrest; (2) the notation of charges filed;
(3) the |
sentence imposed; (4) the fine imposed; and (5) all related
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probation, parole, and release information. Information ceases |
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to be
"conviction information" when a judgment of guilt is |
reversed or vacated.
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For purposes of this Act, continuances to a date certain in |
furtherance
of an order of supervision granted under Section |
5-6-1 of the Unified Code
of Corrections or an order of |
probation granted under either Section 10 of
the Cannabis |
Control Act, Section 410 of the Illinois Controlled
Substances |
Act, Section 70 of the Methamphetamine Control and Community |
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section |
12-3.05 of the Criminal Code of 1961 or the Criminal Code of |
2012, Section
10-102 of the Illinois Alcoholism and Other Drug |
Dependency Act, Section
40-10 of the Alcoholism and Other Drug |
Abuse and Dependency Act, or Section
10 of the Steroid Control |
Act shall not be deemed "conviction information".
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(G) "Criminal history record information" means data |
identifiable to an
individual, including information collected |
under Section 4.5 of the Criminal Identification Act, and |
consisting of descriptions or notations of arrests,
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detentions, indictments, informations, pretrial proceedings, |
trials, or
other formal events in the criminal justice system |
or descriptions or
notations of criminal charges (including |
criminal violations of local
municipal ordinances) and the |
nature of any disposition arising therefrom,
including |
sentencing, court or correctional supervision, rehabilitation |
and
release. The term does not apply to statistical records and |
reports in
which individual are not identified and from which |
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their identities are not
ascertainable, or to information that |
is for criminal investigative or
intelligence purposes.
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(H) "Criminal justice agency" means (1) a government agency |
or any
subunit thereof which is authorized to administer the |
criminal laws and
which allocates a substantial part of its |
annual budget for that purpose,
or (2) an agency supported by |
public funds which is authorized as its
principal function to |
administer the criminal laws and which is officially
designated |
by the Department as a criminal justice agency for purposes of
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this Act.
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(I) "The Department" means the Illinois Department of State |
Police.
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(J) "Director" means the Director of the Illinois |
Department of State
Police.
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(K) "Disseminate" means to disclose or transmit conviction |
information
in any form, oral, written, or otherwise.
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(L) "Exigency" means pending danger or the threat of |
pending danger to
an individual or property.
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(M) "Non-criminal justice agency" means a State agency, |
Federal agency,
or unit of local government that is not a |
criminal justice agency. The
term does not refer to private |
individuals, corporations, or
non-governmental agencies or |
organizations.
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(M-5) "Request" means the submission to the Department, in |
the form and
manner required, the necessary data elements or |
fingerprints, or both, to allow
the Department to initiate a |
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search of its criminal history record information
files.
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(N) "Requester" means any private individual, corporation, |
organization,
employer, employment agency, labor organization, |
or non-criminal justice
agency that has made a request pursuant |
to this Act
to obtain
conviction information maintained in the |
files of the Department of State
Police regarding a particular |
individual.
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(O) "Statistical information" means data from which the |
identity of an
individual cannot be ascertained, |
reconstructed, or verified and to which
the identity of an |
individual cannot be linked by the recipient of the
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information.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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Section 15. The Illinois Criminal Justice Information Act |
is amended by changing Section 3 as follows:
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(20 ILCS 3930/3) (from Ch. 38, par. 210-3)
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Sec. 3. Definitions. Whenever used in this Act, and for the |
purposes
of this Act unless the context clearly denotes |
otherwise:
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(a) The term "criminal justice system" includes all |
activities by
public agencies pertaining to the prevention or
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reduction of crime or enforcement of the criminal law, and |
particularly,
but without limitation, the prevention, |
detection, and investigation of
crime; the apprehension of |
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offenders; the protection of victims and
witnesses; the |
administration of juvenile justice; the prosecution and
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defense of criminal cases; the trial, conviction, and |
sentencing of
offenders; as well as the correction and |
rehabilitation of offenders,
which includes imprisonment, |
probation, parole and treatment.
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(b) The term "Authority" means the Illinois Criminal |
Justice Information
Authority created by this Act.
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(c) The term "criminal justice information" means any and |
every type of
information that is collected, transmitted, or |
maintained by the criminal
justice system.
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(d) The term "criminal history record information" means |
data
identifiable to an individual, including information |
collected under Section 4.5 of the Criminal Identification Act, |
and consisting of descriptions or notations
of arrests, |
detentions, indictments, informations, pre-trial proceedings,
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trials, or other formal events in the criminal justice system |
or
descriptions or notations of criminal charges (including |
criminal
violations of local municipal ordinances) and the |
nature of any disposition
arising therefrom, including |
sentencing, court or correctional supervision,
rehabilitation, |
and release. The term does not apply to statistical
records and |
reports in which individuals are not identified and from which
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their identities are not ascertainable, or to information that |
is for
criminal investigative or intelligence purposes.
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(e) The term "unit of general local government" means any |
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county,
municipality or other general purpose political |
subdivision of this State.
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(Source: P.A. 85-653.)
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Section 20. The Unified Code of Corrections is amended by |
changing Sections 3-2.5-15, 3-5-1, and 3-5-3 as follows:
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(730 ILCS 5/3-2.5-15)
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Sec. 3-2.5-15. Department of Juvenile Justice; assumption |
of duties of the Juvenile Division. |
(a) The Department of Juvenile Justice shall assume the |
rights, powers, duties, and responsibilities of the Juvenile |
Division of the Department of Corrections. Personnel, books, |
records, property, and unencumbered appropriations pertaining |
to the Juvenile Division of the Department of Corrections shall |
be transferred to the Department of Juvenile Justice on the |
effective date of this amendatory Act of the 94th General |
Assembly. Any rights of employees or the State under the |
Personnel Code or any other contract or plan shall be |
unaffected by this transfer. |
(b) Department of Juvenile Justice personnel who are hired |
by the Department on or after the effective date of this |
amendatory Act of the 94th General Assembly and who participate |
or assist in the rehabilitative and vocational training of |
delinquent youths, supervise the daily activities involving |
direct and continuing responsibility for the youth's security, |
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welfare and development, or participate in the personal |
rehabilitation of delinquent youth by training, supervising, |
and assisting lower level personnel who perform these duties |
must be over the age of 21 and have a bachelor's or advanced |
degree from an accredited college or university with a |
specialization in criminal justice, education, psychology, |
social work, or a closely related social science. This |
requirement shall not apply to security, clerical, food |
service, and maintenance staff that do not have direct and |
regular contact with youth. The degree requirements specified |
in this subsection (b) are not required of persons who provide |
vocational training and who have adequate knowledge in the |
skill for which they are providing the vocational training. |
(c) Subsection (b) of this Section does not apply to |
personnel transferred to the Department of Juvenile Justice on |
the effective date of this amendatory Act of the 94th General |
Assembly. |
(d) The Department shall be under the direction of the |
Director of Juvenile Justice as provided in this Code. |
(e) The Director shall organize divisions within the |
Department and shall assign functions, powers, duties, and |
personnel as required by law. The Director may create other |
divisions and may assign other functions, powers, duties, and |
personnel as may be necessary or desirable to carry out the |
functions and responsibilities vested by law in the Department. |
The Director may, with the approval of the Office of the |
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Governor, assign to and share functions, powers, duties, and |
personnel with other State agencies such that administrative |
services and administrative facilities are provided by a shared |
administrative service center. Where possible, shared services |
which impact youth should be done with child-serving agencies. |
These administrative services may include, but are not limited |
to, all of the following functions: budgeting, accounting |
related functions, auditing, human resources, legal, |
procurement, training, data collection and analysis, |
information technology, internal investigations, intelligence, |
legislative services, emergency response capability, statewide |
transportation services, and general office support. |
(f) The Department of Juvenile Justice may enter into |
intergovernmental cooperation agreements under which minors |
adjudicated delinquent and committed to the Department of |
Juvenile Justice may participate in county juvenile impact |
incarceration programs established under Section 3-6039 of the |
Counties Code.
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(g) The Department of Juvenile Justice must comply with the |
ethnic and racial background data collection procedures |
provided in Section 4.5 of the Criminal Identification Act. |
(Source: P.A. 96-1022, eff. 1-1-11.)
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(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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Sec. 3-5-1. Master Record File.
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(a) The Department of Corrections and the Department of |
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Juvenile Justice shall
maintain a master record file on each |
person committed to it,
which shall contain the following |
information:
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(1) all information from the committing court;
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(1.5) ethnic and racial background data collected in |
accordance with Section 4.5 of the Criminal Identification |
Act;
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(2) reception summary;
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(3) evaluation and assignment reports and |
recommendations;
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(4) reports as to program assignment and progress;
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(5) reports of disciplinary infractions and |
disposition, including tickets and Administrative Review |
Board action;
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(6) any parole plan;
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(7) any parole reports;
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(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.
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(b) All files shall be confidential and access shall be
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limited to authorized personnel of the respective Department.
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Personnel of other correctional, welfare or law enforcement
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agencies may have access to files under rules and regulations
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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 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.
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(c) The master file shall be maintained at a place
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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
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requested by the agency under rules and regulations of the
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respective Department.
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(d) The master file of a person no longer in the custody
of |
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the respective Department shall be placed on inactive status |
and its
use shall be restricted subject to rules and |
regulations of
the Department.
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(e) All public agencies may make available to the
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respective Department on request any factual data not otherwise
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privileged as a matter of law in their possession in respect
to |
individuals committed to the respective Department.
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(Source: P.A. 97-696, eff. 6-22-12.)
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(730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
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Sec. 3-5-3. Annual and other Reports.
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(a) The Director shall make an annual report to the |
Governor and General Assembly concerning persons committed to |
the Department, its
institutions, facilities and programs, of |
all moneys expended and received,
and on what accounts expended |
and received. The report shall include the ethnic and racial |
background data, not identifiable to an individual, of all |
persons committed to the Department, its institutions, |
facilities, and programs.
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(b) (Blank).
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(c) The Director may require such reports from division |
administrators,
chief administrative officers and other |
personnel as he deems necessary for
the administration of the |
Department.
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(d) (Blank).
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(Source: P.A. 97-800, eff. 7-13-12.)
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