97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2873

 

Introduced 2/1/2012, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-5-1  from Ch. 38, par. 1003-5-1

    Amends the Unified Code of Corrections. Includes in the committed person's master record file: (1) disciplinary infraction tickets and Administrative Review Board action; (2) criminal history; (3) current and past gang affiliations and ranks; (4) information regarding associations and family relationships; (5) any grievances filed and responses to those grievances; and (6) other information that the Department of Corrections or Department of Juvenile Justice determines is relevant to the secure confinement and rehabilitation of the committed person. Effective immediately.


LRB097 16884 RLC 62071 b

 

 

A BILL FOR

 

SB2873LRB097 16884 RLC 62071 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-5-1 as follows:
 
6    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
7    Sec. 3-5-1. Master Record File.
8    (a) The Department of Corrections and the Department of
9Juvenile Justice shall maintain a master record file on each
10person committed to it, which shall contain the following
11information:
12        (1) all information from the committing court;
13        (2) reception summary;
14        (3) evaluation and assignment reports and
15    recommendations;
16        (4) reports as to program assignment and progress;
17        (5) reports of disciplinary infractions and
18    disposition, including tickets and Administrative Review
19    Board action;
20        (6) any parole plan;
21        (7) any parole reports;
22        (8) the date and circumstances of final discharge;
23        (9) criminal history;

 

 

SB2873- 2 -LRB097 16884 RLC 62071 b

1        (10) current and past gang affiliations and ranks;
2        (11) information regarding associations and family
3    relationships;
4        (12) any grievances filed and responses to those
5    grievances; and
6        (13) other information that the respective Department
7    determines is relevant to the secure confinement and
8    rehabilitation of the committed person and any other
9    pertinent data concerning the person's background,
10    conduct, associations and family relationships as may be
11    required by the respective Department. A current summary
12    index shall be maintained on each file which shall include
13    the person's known active and past gang affiliations and
14    ranks.
15    (b) All files shall be confidential and access shall be
16limited to authorized personnel of the respective Department.
17Personnel of other correctional, welfare or law enforcement
18agencies may have access to files under rules and regulations
19of the respective Department. The respective Department shall
20keep a record of all outside personnel who have access to
21files, the files reviewed, any file material copied, and the
22purpose of access. If the respective Department or the Prisoner
23Review Board makes a determination under this Code which
24affects the length of the period of confinement or commitment,
25the committed person and his counsel shall be advised of
26factual information relied upon by the respective Department or

 

 

SB2873- 3 -LRB097 16884 RLC 62071 b

1Board to make the determination, provided that the Department
2or Board shall not be required to advise a person committed to
3the Department of Juvenile Justice any such information which
4in the opinion of the Department of Juvenile Justice or Board
5would be detrimental to his treatment or rehabilitation.
6    (c) The master file shall be maintained at a place
7convenient to its use by personnel of the respective Department
8in charge of the person. When custody of a person is
9transferred from the Department to another department or
10agency, a summary of the file shall be forwarded to the
11receiving agency with such other information required by law or
12requested by the agency under rules and regulations of the
13respective Department.
14    (d) The master file of a person no longer in the custody of
15the respective Department shall be placed on inactive status
16and its use shall be restricted subject to rules and
17regulations of the Department.
18    (e) All public agencies may make available to the
19respective Department on request any factual data not otherwise
20privileged as a matter of law in their possession in respect to
21individuals committed to the respective Department.
22(Source: P.A. 94-696, eff. 6-1-06.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.