(730 ILCS 5/3-4-4) (from Ch. 38, par. 1003-4-4)
Sec. 3-4-4.
Interstate Corrections Compact.
(a) The State of Illinois ratifies and approves the following
compact:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve
their institutional facilities and provide adequate programs for the
confinement, treatment and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one another, thereby
serving the best interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The purpose of
this compact is to provide for the mutual development and execution of such
programs of cooperation for the confinement, treatment and rehabilitation
of offenders with the most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an
inmate is sent for confinement other than a state in which conviction or
court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including
but not limited to a facility for the mentally ill or mentally
defective, in which inmates as defined in (d) above may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more
of the other party states for the confinement of inmates on behalf of a
sending state in institutions situated within receiving states. Any such
contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional
services, facilities, programs or treatment not reasonably included as
part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on account
thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and nothing
in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted authorities in a state party to this
compact, and which has entered into a contract pursuant to Article III,
shall decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is necessary or
desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, such official
may direct that the
confinement be within an institution within the territory of such other
party state, the receiving state to act in that regard solely as agent
for the sending state.
(b) The appropriate officials of any state party to this compact shall
have access, at all reasonable times, to any institution in which it has
a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined
in the institution.
(c) Inmates confined in an institution pursuant to this compact shall at
all times be subject to the jurisdiction of the sending state and may at
any time be removed therefrom for transfer to a prison or other
institution within the sending state, for transfer to another
institution in which the
sending state may have a contractual or other right to confine inmates, for
release on probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state. However, the sending state
shall continue to be obligated to such payments as may be required pursuant
to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending
state on the inmates of that sending state who are in institutions
pursuant to this compact including a conduct record of each inmate and shall
certify such record to the official designated by the sending state, in order
that each inmate may have official review of his or her record in determining
and altering the disposition of the inmate in accordance with the law
which may obtain in the sending state and in order that the same may be a
source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to this
compact shall be treated in a reasonable and humane manner and shall be
treated equally with such similar inmates of the receiving state as may
be confined in the same institution. The fact of confinement in a receiving
state shall not deprive any inmate so confined of any legal rights which
the inmate would have had if confined in an appropriate institution of
the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had before
the appropriate authorities of the sending state, or of the receiving state
if authorized by the sending state. The receiving state shall provide
adequate facilities for such hearing as may be conducted by the appropriate
officials of a sending state. In the event such hearing or hearings are had
before officials of the receiving state, the governing law shall be that of
the sending state and a record of the hearing or hearings as prescribed by
the sending state shall be made. The record together with any
recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have been had if
it had taken place in the sending state. In any and all proceedings had
pursuant to the provisions of this paragraph (f), the officials of the
receiving state shall act solely as agents of the sending state and no
final determination shall be made in any matter except by the appropriate
officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate and the sending
and receiving states shall agree upon release in some other place. The
sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to this compact shall have any rights
and all rights to participate in and derive any benefits or incur or be
relieved of any obligations or have such obligations modified or his status
changed on account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the sending
state located within such state.
(i) The parent, guardian, trustee or other person or persons entitled
under the laws of the sending state to act for, advise or otherwise
function with respect to any inmate shall not be deprived of or restricted
in his exercise of any power in respect of any inmate confined pursuant
to the terms of this compact.
ARTICLE V
ACT NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION
(a) Any decision of the sending state in respect of any matter over
which it retains jurisdiction pursuant to this compact shall be conclusive
upon and not reviewable within the receiving state, but if at the time the
sending state seeks to remove an inmate from an institution in the
receiving state there is pending against the inmate within such state any
criminal charge or if the inmate is formally accused of having committed
with such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officer of the sending state shall be
permitted to transport inmates pursuant to this compact through any and all
state party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending state
and from the state in which the institution escaped from is situated. In
the case of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of officers
and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or may be
affected by this compact or any contract pursuant thereto. Any inmate in a
receiving state pursuant to this compact may participate in any such
federally aided program or activity for which the sending and receiving
states have made contractual provision. However, if such program or
activity is not part of the customary correctional regimen, the express
consent of the appropriate official of the sending state shall be
required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding
upon the states so acting when it has been enacted into law by any 2
states. Thereafter, this compact shall enter into force and become
effective and binding as to any other of such states upon similar action
by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the compact and
providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until one year after the notices provided
in the statute have been sent. Such withdrawal shall not relieve the
withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a
withdrawal state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or
impair an agreement or other arrangement which a party state may have with
a non-party state for the confinement, rehabilitation or treatment of
inmates, nor to repeal any other laws of a party state authorizing the
making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any participating state or
of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as
to the remaining states and in full force and effect as to the state
affected as to all severable matters.
(b) Powers. The Department of Corrections is authorized and directed to
do all things necessary or incidental to the carrying out of the compact
in every particular.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
(Text of Section from P.A. 103-18)
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 and Section 2-5 of the No Representation Without Population Act;
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(1.6) the committed person's last known complete
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| street address prior to incarceration or legal residence collected in accordance with Section 2-5 of the No Representation Without Population Act;
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(2) reception summary;
(3) evaluation and assignment reports and
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(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
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| disposition, including tickets and Administrative Review Board action;
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(6) any parole or aftercare release plan;
(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
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(12) any grievances filed and responses to those
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(13) other information that the respective Department
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| 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
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 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 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, last known
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| street address prior to incarceration or legal residence, and other identifying information;
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(2) all digitally available information from the
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(3) all information in the Offender 360 system on
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| the person's criminal history;
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(4) the person's complete assignment history in the
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| Department of Corrections;
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(5) the person's disciplinary card;
(6) additional records about up to 3 specific
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| disciplinary incidents as identified by the requester;
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(7) any available records about up to 5 specific
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| grievances filed by the person, as identified by the requester; and
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(8) the records of all grievances filed on or after
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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.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-18, eff. 1-1-24.)
(Text of Section from P.A. 103-71)
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;
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|
(2) reception summary;
(3) evaluation and assignment reports and
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|
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
|
| disposition, including tickets and Administrative Review Board action;
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|
(6) any parole or aftercare release plan;
(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
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|
(12) any grievances filed and responses to those
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|
(13) other information that the respective Department
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| determines is relevant to the secure confinement and rehabilitation of the committed person;
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(14) the last known address provided by the person
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(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 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 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
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(2) all digitally available information from the
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|
(3) all information in the Offender 360 system on
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| the person's criminal history;
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|
(4) the person's complete assignment history in the
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| Department of Corrections;
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(5) the person's disciplinary card;
(6) additional records about up to 3 specific
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| disciplinary incidents as identified by the requester;
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(7) any available records about up to 5 specific
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| grievances filed by the person, as identified by the requester; and
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(8) the records of all grievances filed on or after
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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.
(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 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; 103-71, eff. 6-9-23.)
(Text of Section from P.A. 103-154)
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
|
|
(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;
(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
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|
(12) any grievances filed and responses to those
|
|
(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
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 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 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
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|
(2) all digitally available information from the
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|
(3) all information in the Offender 360 system on
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| the person's criminal history;
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|
(4) the person's complete assignment history in the
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| Department of Corrections;
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|
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
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| disciplinary incidents as identified by the requester;
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|
(7) any available records about up to 5 specific
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| grievances filed by the person, as identified by the requester; and
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(8) the records of all grievances filed on or after
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|
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.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. Report to the General Assembly. (a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
(b) The Department of Corrections shall, by
January 1st, April
1st, July 1st, and October 1st of each year, electronically transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending 30 days prior to the submission of the report: (1) the number of residents in all Department |
| facilities indicating the number of residents in each listed facility;
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(2) a classification of each facility's residents by
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| the nature of the offense for which each resident was committed to the Department;
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(3) the number of residents in maximum, medium, and
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| minimum security facilities indicating the classification of each facility's residents by the nature of the offense for which each resident was committed to the Department;
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(4) the educational and vocational programs provided
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| at each facility and the number of residents participating in each such program;
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(5) the present design and rated capacity levels in
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(6) the projected design and rated capacity of each
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| facility six months and one year following each reporting date;
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(7) the ratio of the security staff to residents in
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(8) the ratio of total employees to residents in each
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(9) the number of residents in each facility that are
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| single-celled and the number in each facility that are double-celled;
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(10) information indicating the distribution of
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| residents in each facility by the allocated floor space per resident;
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(11) a status of all capital projects currently
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| funded by the Department, location of each capital project, the projected on-line dates for each capital project, including phase-in dates and full occupancy dates;
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(12) the projected adult prison facility populations
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| of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates;
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(13) the projected exits and projected admissions in
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| each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate;
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(14) the locations of all Department-operated or
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| contractually operated community correctional centers, including the present design and rated capacity and population levels at each facility;
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(15) the number of reported assaults on employees at
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(16) the number of reported incidents of resident
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| sexual aggression towards employees at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive language; and
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(17) the number of employee injuries resulting from
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| resident violence at each facility including descriptions of the nature of the injuries, the number of injuries requiring medical treatment at the facility, the number of injuries requiring outside medical treatment, and the number of days off work per injury.
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For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
The report shall also include the data collected under Section 3-2-12 of this Code in the manner required under that Section. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.
(c) A copy of the report required under this Section shall be posted to the Department's Internet website at the time the report is submitted to the General Assembly.
(d) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(e) The Department shall:
(1) establish a reasonable procedure for employees
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| to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
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(2) inform each employee:
(A) of the procedure for reporting work-related
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(B) of the right to report work-related assaults
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(C) that the Department is prohibited from
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| discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
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(3) not discharge, discipline, or in any manner
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| discriminate against any employee for reporting a work-related assault or injury.
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(Source: P.A. 100-907, eff. 1-1-19; 100-1075, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3-8-5 or Section 3-10-5.
(d) The Department of Juvenile Justice shall provide educational programs for all
committed youth so that all youth have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department of Corrections who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department of Corrections and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department of Corrections, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department of Corrections under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department of Corrections until paid.
(d-5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d-5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is |
| required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
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(2) that the person is not capable of giving consent
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| to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
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(e-5) If a physician providing medical care to a committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. Neither the Department of Corrections nor the Department of Juvenile Justice may require a committed person or person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3-2.5-15 of this Code, to pay any co-payment for receiving medical or dental services.
(f-5) The Department shall comply with the Health Care Violence Prevention Act.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
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| separately or together, preceding the inmate's release; and
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(6) a prerelease reunification staffing involving the
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| family advocate, the inmate and the child's counselor, or both and the inmate.
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(i) (Blank).
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a facility of the Department or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally, in writing, by video, or other electronic means, concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (d) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
(m) The chief administrative officer of each institution or facility of the Department shall make a room in the institution or facility available for substance use disorder services to be provided to committed persons on a voluntary basis. The services shall be provided for one hour once a week at a time specified by the chief administrative officer of the institution or facility if the following conditions are met:
(1) the substance use disorder service contacts the
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| chief administrative officer to arrange the meeting;
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(2) the committed person may attend the meeting for
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| substance use disorder services only if the committed person uses pre-existing free time already available to the committed person;
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(3) all disciplinary and other rules of the
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| institution or facility remain in effect;
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(4) the committed person is not given any additional
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| privileges to attend substance use disorder services;
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(5) if the substance use disorder service does not
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| arrange for scheduling a meeting for that week, no substance use disorder services shall be provided to the committed person in the institution or facility for that week;
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(6) the number of committed persons who may attend a
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| substance use disorder meeting shall not exceed 40 during any session held at the correctional institution or facility;
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(7) a volunteer seeking to provide substance use
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| disorder services under this subsection (m) must submit an application to the Department of Corrections under existing Department rules and the Department must review the application within 60 days after submission of the application to the Department; and
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(8) each institution and facility of the Department
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| shall manage the substance use disorder services program according to its own processes and procedures.
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For the purposes of this subsection (m), "substance use disorder services" means recovery services for persons with substance use disorders provided by volunteers of recovery support services recognized by the Department of Human Services.
(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20; 102-350, eff. 8-13-21.)
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