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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.

730 ILCS 5/Ch. III Art. 5

 
    (730 ILCS 5/Ch. III Art. 5 heading)
ARTICLE 5. RECORDS AND REPORTS

730 ILCS 5/3-5-1

    (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
    (Text of Section before amendment by P.A. 98-528)
    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;
        (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;
        (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.
    (b) All files shall be confidential and access shall be limited to authorized personnel of the respective Department. 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.
(Source: P.A. 97-696, eff. 6-22-12; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-528)
    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;
        (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.
    (b) All files shall be confidential and access shall be limited to authorized personnel of the respective Department. 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.
(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

730 ILCS 5/3-5-2

    (730 ILCS 5/3-5-2) (from Ch. 38, par. 1003-5-2)
    Sec. 3-5-2. Institutional Record. The Department shall maintain records of the examination, assignment, transfer, discipline of committed persons and what grievances, if any, are made in each of its institutions, facilities and programs. The record shall contain the name of the persons involved, the time, date, place and purpose of the procedure, the decision and basis therefor, and any review of the decision made.
(Source: P.A. 77-2097.)

730 ILCS 5/3-5-3

    (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
    Sec. 3-5-3. Annual and other Reports.
    (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.
    (b) (Blank).
    (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.
    (d) (Blank).
(Source: P.A. 97-800, eff. 7-13-12; 98-528, eff. 1-1-15.)

730 ILCS 5/3-5-3.1

    (730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
    (Text of Section from P.A. 99-255)
    Sec. 3-5-3.1. As used in this Section, "facility" includes any facility of the Department of Corrections.
    The Department of Corrections shall, by January 1st, April 1st, July 1st, and October 1st of each year, transmit to the General Assembly, a report which shall include the following information reflecting the period ending fifteen 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; 2) a classification of each facility's residents by the nature of the offense for which each resident was committed to the Department; 3) the number of residents in maximum, medium, and 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; 4) the educational and vocational programs provided at each facility and the number of residents participating in each such program; 5) the present capacity levels in each facility; 6) the projected capacity of each facility six months and one year following each reporting date; 7) the ratio of the security guards to residents in each facility; 8) the ratio of total employees to residents in each facility; 9) the number of residents in each facility that are single-celled and the number in each facility that are double-celled; 10) information indicating the distribution of residents in each facility by the allocated floor space per resident; 11) a status of all capital projects currently 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; 12) the projected adult prison facility populations of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates; 13) the projected exits and projected admissions in each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate; and 14) the locations of all Department-operated or contractually operated community correctional centers, including the present capacity and population levels at each facility.
(Source: P.A. 99-255, eff. 1-1-16.)
 
    (Text of Section from P.A. 100-907)
    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, 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; 2) a classification of each facility's residents by the nature of the offense for which each resident was committed to the Department; 3) the number of residents in maximum, medium, and 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; 4) the educational and vocational programs provided at each facility and the number of residents participating in each such program; 5) the present capacity levels in each facility; 6) the projected capacity of each facility six months and one year following each reporting date; 7) the ratio of the security guards to residents in each facility; 8) the ratio of total employees to residents in each facility; 9) the number of residents in each facility that are single-celled and the number in each facility that are double-celled; 10) information indicating the distribution of residents in each facility by the allocated floor space per resident; 11) a status of all capital projects currently 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; 12) the projected adult prison facility populations of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates; 13) the projected exits and projected admissions in each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate; and 14) the locations of all Department-operated or contractually operated community correctional centers, including the present capacity and population levels at each facility. 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.
(Source: P.A. 99-255, eff. 1-1-16; 100-907, eff. 1-1-19.)
 
    (Text of Section from P.A. 100-1075)
    Sec. 3-5-3.1. As used in this Section, "facility" includes any facility of the Department of Corrections.
    (a) 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 fifteen 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; (2) a classification of each facility's residents by the nature of the offense for which each resident was committed to the Department; (3) the number of residents in maximum, medium, and 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; (4) the educational and vocational programs provided at each facility and the number of residents participating in each such program; (5) the present design and rated capacity levels in each facility; (6) the projected design and rated capacity of each facility six months and one year following each reporting date; (7) the ratio of the security staff to residents in each facility; (8) the ratio of total employees to residents in each facility; (9) the number of residents in each facility that are single-celled and the number in each facility that are double-celled; (10) information indicating the distribution of residents in each facility by the allocated floor space per resident; (11) a status of all capital projects currently 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; (12) the projected adult prison facility populations of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates; (13) the projected exits and projected admissions in each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate; (14) the locations of all Department-operated or contractually operated community correctional centers, including the present design and rated capacity and population levels at each facility; (15) the number of reported assaults on employees at each facility; (16) the number of reported incidents of resident sexual aggression towards employees at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive language; and (17) the number of employee injuries resulting from 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. 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.
    (b) The requirements in subsection (a) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
    (c) The Department shall:
        (1) establish a reasonable procedure for employees
    
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;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        
assaults and injuries;
            (B) of the right to report work-related assaults
        
and injuries; and
            (C) that the Department is prohibited from
        
discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
        (3) not discharge, discipline, or in any manner
    
discriminate against any employee for reporting a work-related assault or injury.
(Source: P.A. 99-255, eff. 1-1-16; 100-1075, eff. 1-1-19.)

730 ILCS 5/3-5-4

    (730 ILCS 5/3-5-4)
    Sec. 3-5-4. Exchange of information for child support enforcement.
    (a) The Department shall exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
    (b) Notwithstanding any provisions in this Code to the contrary, the Department shall not be liable to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)