Public Act 90-0590 of the 90th General Assembly
Public Act 90-0590
SB363 Re-enrolled LRB9002769NTsb
AN ACT in relation to juveniles, which may be referred to
as the Juvenile Justice Reform Provisions of 1998.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1001. JUVENILE RECORDS
Section 1001-5. The Children and Family Services Act is
amended by changing Section 35.1 as follows:
(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
Sec. 35.1. The case and clinical records of patients in
Department supervised facilities, wards of the Department,
children receiving or applying for child welfare services,
persons receiving or applying for other services of the
Department, and Department reports of injury or abuse to
children shall not be open to the general public. Such case
and clinical records and reports or the information contained
therein shall be disclosed by the Director of the Department
to juvenile authorities when necessary for the discharge of
their official duties who request information concerning the
minor and who certify in writing that the information will
not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section,
"juvenile authorities" means: (i) a judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (iii) probation
officers and court appointed advocates for the juvenile
authorized by the judge hearing the case; (iv) any
individual, public or private agency having custody of the
child pursuant to court order; (v) any individual, public or
private agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose of
determining the appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii) adult
and juvenile prisoner review boards; (ix) authorized military
personnel; (x) only to proper law enforcement officials,
individuals authorized by court; (xi), the Illinois General
Assembly or any committee or commission thereof, and to such
other persons and for such reasons as the Director shall
designate by rule or regulation. This Section does not apply
to the Department's fiscal records, other records of a purely
administrative nature, or any forms, documents or other
records required of facilities subject to licensure by the
Department except as may otherwise be provided under the
Child Care Act of 1969.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to juveniles subject to the provisions of the Serious
Habitual Offender Comprehensive Action Program when that
information is used to assist in the early identification and
treatment of habitual juvenile offenders.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to the death of a minor under the care of or receiving
services from the Department and under the jurisdiction of
the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
Nothing contained in this Section prohibits or prevents
any individual dealing with or providing services to a minor
from sharing information with another individual dealing with
or providing services to a minor for the purpose of
coordinating efforts on behalf of the minor. The sharing of
such information is only for the purpose stated herein and is
to be consistent with the intent and purpose of the
confidentiality provisions of the Juvenile Court Act of 1987.
This provision does not abrogate any recognized privilege.
Sharing information does not include copying of records,
reports or case files unless authorized herein.
(Source: P.A. 90-15, eff. 6-13-97.)
Section 1001-10. The Civil Administrative Code of
Illinois is amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
juvenile police youth officers so that juvenile police youth
officers will be able to obtain rapid access to the
juvenile's background from other jurisdictions to the end
that the juvenile police youth officers can make appropriate
dispositions which will best serve the interest of the child
and the community. Information maintained in the
adjudicatory and dispositional record system shall be limited
to the incidents or offenses for which the minor was
adjudicated delinquent by a court, and a copy of the court's
dispositional order. All individually identifiable records
in the adjudicatory and dispositional records system shall be
destroyed when the person reaches 19 years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered juvenile police youth
officers.
For the purposes of this Act "juvenile police youth
officer" means a member of a duly organized State, county or
municipal police force who is assigned by his or her
Superintendent, Sheriff or chief of police, as the case may
be, to specialize in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; revised 9-29-97.)
(Text of Section after amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central juvenile
adjudicatory and dispositional records system for persons
arrested prior to the age of 17 under Section 5-401 of the
Juvenile Court Act of 1987 or under 19 years of age who have
been adjudicated delinquent minors and to make information
available to local law enforcement registered participating
police youth officers so that law enforcement police youth
officers will be able to obtain rapid access to the
background of the minor juvenile's background from other
jurisdictions to the end that the juvenile police youth
officers can make appropriate decisions dispositions which
will best serve the interest of the child and the community.
The Department shall submit a quarterly report to the General
Assembly and Governor which shall contain the number of
juvenile records that the Department has received in that
quarter, a list, by category, of offenses that minors were
arrested for or convicted of by age, race and gender.
Information maintained in the adjudicatory and dispositional
record system shall be limited to the incidents or offenses
for which the minor was adjudicated delinquent by a court,
and a copy of the court's dispositional order. All
individually identifiable records in the adjudicatory and
dispositional records system shall be destroyed when the
person reaches 19 years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable juvenile adjudicatory and
dispositional records except to juvenile authorities who
request information concerning the minor and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section, "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff of
the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public of private agency
having custody of the child pursuant to court order; (v) any
individual, public or private agency providing education,
medical or mental health service to the child when the
requested information is needed to determine the appropriate
service or treatment for the minor; (vi) any potential
placement provider when such release is authorized by the
court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law
enforcement officers and prosecutors; (viii) adult and
juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court; (xi) the
Illinois General Assembly or any committee or commission
thereof. when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable juvenile adjudicatory and dispositional records
for the purpose of determining or challenging the accuracy of
the records. Final administrative decisions shall be subject
to the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Standards Board shall
develop and certify a course of such training to be made
available to local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the Statewide Central Juvenile
adjudicatory and dispositional record system as defined in
subdivision (A)19 of this Section if the Department of
Children and Family Services determines the information is
necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The request shall
be in the form and manner specified by the Department of
State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
exchanging information, in the form and manner required by
the Department of State Police to facilitate the location of
individuals for establishing paternity, and establishing,
modifying, and enforcing child support obligations, pursuant
to the Public Aid Code and Title IV, Section D of the Social
Security Act.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
Section 1001-15. The Criminal Identification Act is
amended by changing Sections 2.1 and 5 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police,
it is necessary for all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and State's Attorney
of each county to submit certain criminal arrest, charge, and
disposition information to the Department for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as
provided in this Section, both in the form and manner
required by the Department and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also
notify the Department of all decisions by the arresting
agency not to refer such arrests for prosecution. With
approval of the Department, an agency making such arrests may
enter into arrangements with other agencies for the purpose
of furnishing daily such fingerprints, charges and
descriptions to the Department upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Department of all charges filed and
all petitions filed alleging that a minor is delinquent,
including all those added subsequent to the filing of a case,
and whether charges were not filed in cases for which the
Department has received information required to be reported
pursuant to paragraph (a) of this Section. With approval of
the Department, the State's Attorney may enter into
arrangements with other agencies for the purpose of
furnishing the information required by this subsection (b) to
the Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Department, in the
form and manner required by the Supreme Court, with all final
dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph
paragraphs (a) or (d) of this Section. Such information shall
include, for each charge, all (1) judgments of not guilty,
judgments of guilty including the sentence pronounced by the
court, findings that a minor is delinquent and any sentence
made based on those findings, discharges and dismissals in
the court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) 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 Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 12-4.3 of the Criminal Code of 1961,
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, or Section 5-615 of the Juvenile Court Act of
1987; and (4) judgments or court orders terminating or
revoking a sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing or
new court orders entered by a juvenile court relating to the
disposition of a minor's case involving delinquency after
such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences a
minor following a trial in which a minor was found to be
delinquent or issues an order of supervision or an order
of probation granted under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 12-4.3 of the Criminal Code of
1961, 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, or Section 5-615 of the Juvenile
Court Act of 1987 for any offense which is required by
statute to be collected, maintained, or disseminated by
the Department of State Police, the State's Attorney of
each county shall ask the court to order a law
enforcement agency to fingerprint immediately all persons
appearing before the court who have not previously been
fingerprinted for the same case. The court shall so order
the requested fingerprinting, if it determines that any
such person has not previously been fingerprinted for the
same case. The law enforcement agency shall submit such
fingerprints to the Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of delinquency
for any offense which is not required by statute to be
collected, maintained, or disseminated by the Department
of State Police, the prosecuting attorney may ask the
court to order a law enforcement agency to fingerprint
immediately all persons appearing before the court who
have not previously been fingerprinted for the same case.
The court may so order the requested fingerprinting, if
it determines that any so sentenced person has not
previously been fingerprinted for the same case. The law
enforcement agency may retain such fingerprints in its
files.
(e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole,
commutation of sentence, granting of executive clemency or
discharge of an individual who has been sentenced or
committed to the agency's custody for any offenses which are
mandated by statute to be collected, maintained or
disseminated by the Department of State Police. For an
individual who has been charged with any such offense and who
escapes from custody or dies while in custody, all
information concerning the receipt and escape or death,
whichever is appropriate, shall also be so furnished to the
Department.
(Source: P.A. 88-538; 88-670, eff. 12-2-94.)
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions 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 may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. or taken into custody before their 17th
birthday for an offense that if committed by an adult would
constitute the offense of unlawful use of weapons under
Article 24 of the Criminal Code of 1961, a forcible felony as
defined in Section 2-8 of the Criminal Code of 1961, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, or Chapter 4 of the
Illinois Vehicle Code. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be
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.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3 b(1)
and (2) of the Criminal Code of 1961, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act when the
judgment of conviction has been vacated, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act when the
judgment of conviction has been vacated, or Section 10 of the
Steroid Control Act shall not be expunged from the records of
the arresting authority nor impounded by the court until 5
years after termination of probation or supervision. Those
records that result from a supervision for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, shall not be expunged. All
records set out above may be ordered by the court to be
expunged from the records of the arresting authority and
impounded by the court after 5 years, but shall not be
expunged by the Department, but shall, on court order be
sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
has name. The records of the clerk of the circuit court
clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the States Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the clerk of the circuit court shall promptly
mail a copy of the order to the person who was pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, 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.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
Section 1001-16. The School Code is amended by changing
Section 34-2.1 as follows:
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local
school council shall consist of the following 11 voting
members: the principal of the attendance center, 2 teachers
employed and assigned to perform the majority of their
employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2
community residents. Neither the parents nor the community
residents who serve as members of the local school council
shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 12 voting members -- the 11 voting members
described above and one full-time student member, appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not
carrying out its financial duties effectively, the chief
executive officer is authorized to appoint a representative
of the business community with experience in finance and
management to serve as an advisor to the local school
council for the purpose of providing advice and assistance to
the local school council on fiscal matters. The advisor
shall have access to relevant financial records of the local
school council. The advisor may attend executive sessions.
The chief executive officer shall issue a written policy
defining the circumstances under which a local school council
is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be
a parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all
the powers and duties of local school councils as set forth
in this amendatory Act of 1991. The Mayor's appointments
shall not require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance
center served by the local school council.
(c) Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set
second semester Parent Report Card Pick-up Day for Local
School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the
school system. Elections shall be conducted as provided
herein by the Board of Education in consultation with the
local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center:
(i) The elected members of each local school
council shall consist of the 6 parent members and the 2
community resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible
voters for each attendance center shall consist of the
parents and community residents for that attendance
center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective
of whether such candidates are parent or community
resident candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote
in the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members of each local school
council shall be appointed as provided in subsection (l)
below each to serve for a two-year term coinciding with
that of the elected parent and community resident
members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
(e) The Council shall publicize the date and place of
the election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters.
(f) Nomination. The Council shall publicize the opening
of nominations by posting notices at the attendance center,
in public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters. Not less than 2 weeks before the election
date, persons eligible to run for the Council shall submit
their name and some evidence of eligibility to the Council.
The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at
the attendance center. Each person nominated who runs as a
candidate shall disclose, in a manner determined by the
Board, any economic interest held by such person, by such
person's spouse or children, or by each business entity in
which such person has an ownership interest, in any contract
with the Board, any local school council or any public school
in the school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by the
Board, if he or she ever has been convicted of any of the
offenses specified in subsection (c) of Section 34-18.5;
provided that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure of
any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
1987. Failure to make such disclosure shall render a person
ineligible for election to the local school council. The
same disclosure shall be required of persons under
consideration for appointment to the Council pursuant to
subsections (l) and (m) of this Section.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00
p.m.
(i) Candidates receiving the highest number of votes
shall be declared elected by the Council. In cases of a tie,
the Council shall determine the winner by lot.
(j) The Council shall certify the results of the
election and shall publish the results in the minutes of the
Council.
(k) The general superintendent shall resolve any
disputes concerning election procedure or results and shall
ensure that, except as provided in subsections (e) and (g),
no resources of any attendance center shall be used to
endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year and in
every even numbered year thereafter, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on
the local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school
council. These appointments shall be made from among
those teachers who are nominated in accordance with
subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members
to local school councils, irrespective of the preferences
expressed in any such poll.
(m) Beginning with the 1995-1996 school year, and in
every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These
appointments shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter.
The form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in
every year, the principal of each attendance center shall
conduct a non-binding, advisory poll to ascertain the
preferences of the school students regarding the
appointment of a student to the local school council for
that attendance center. At such poll, each student shall
be entitled to indicate his or her preference for up to
one candidate from among those who submitted statements
of candidacy as described above. The Board shall
promulgate rules to ensure that these non-binding,
advisory polls are conducted in a fair and equitable
manner and maximize the involvement of all school
students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall
be advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in
any such poll.
(iii) For the 1995-96 school year only,
appointments shall be made from among those students who
submitted statements of candidacy to the principal of the
attendance center during the first 2 weeks of the school
year. The principal shall communicate the results of any
nonbinding, advisory poll to the Board. These results
shall be advisory only, and the Board shall maintain
absolute discretion to appoint student members to local
school councils, irrespective of the preferences
expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed
necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the
vacancy, except that any teacher vacancy shall be filled by
the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of
school staff.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure
to comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members in addition to the requirements
of the Illinois Governmental Ethics Act applicable to local
school council members.
(r) If a parent member of a Local School Council ceases
to have any child enrolled in the attendance center governed
by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council
and all voting rights are terminated immediately as of the
date of the child's graduation or voluntary transfer.
Further, a local school council member may be removed from
the Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including
committee meetings, or 5 regular meetings in a 12 month
period, not including committee meetings. Further, a local
school council member may be removed by the council by a
majority vote of the council as provided in subsection (c) of
Section 34-2.2 if the council determines that a member failed
to disclose a conviction of any of the offenses specified in
subsection (c) of Section 34-18.5 as required in subsection
(f) of this Section 34-2.1. A vote to remove a Council member
shall only be valid if the Council member has been notified
personally or by certified mail, mailed to the person's last
known address, of the Council's intent to vote on the Council
member's removal at least 7 days prior to the vote. The
Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The
provisions of this subsection shall be contained within the
petitions used to nominate Council candidates.
(Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
8-14-97.)
Section 1001-20. The Illinois School Student Records Act
is amended by changing Sections 2, 4, 5, and 6 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care
center, kindergarten, nursery, elementary or secondary
educational institution, vocational school, special
educational facility or any other elementary or secondary
educational agency or institution and any person, agency or
institution which maintains school student records from more
than one school, but does not include a private or non-public
school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a
school or at its direction or by an employee of a school,
regardless of how or where the information is stored. The
following shall not be deemed school student records under
this Act: writings or other recorded information maintained
by an employee of a school or other person at the direction
of a school for his or her exclusive use; provided that all
such writings and other recorded information are destroyed
not later than the student's graduation or permanent
withdrawal from the school; and provided further that no such
records or recorded information may be released or disclosed
to any person except a person designated by the school as a
substitute unless they are first incorporated in a school
student record and made subject to all of the provisions of
this Act. School student records shall not include
information maintained by law enforcement professionals
working in the school.
(e) "Student Permanent Record" means the minimum
personal information necessary to a school in the education
of the student and contained in a school student record.
Such information may include the student's name, birth date,
address, grades and grade level, parents' names and
addresses, attendance records, and such other entries as the
State Board may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include
family background information, intelligence test scores,
aptitude test scores, psychological and personality test
results, teacher evaluations, and other information of clear
relevance to the education of the student, all subject to
regulations of the State Board. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm
to another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary
responsibility for the care and upbringing of the student.
All rights and privileges accorded to a parent under this Act
shall become exclusively those of the student upon his 18th
birthday, graduation from secondary school, marriage or entry
into military service, whichever occurs first. Such rights
and privileges may also be exercised by the student at any
time with respect to the student's permanent school record.
(Source: P.A. 79-1108.)
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
Sec. 4. (a) Each school shall designate an official
records custodian who is responsible for the maintenance,
care and security of all school student records, whether or
not such records are in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school
student record shall be limited to information which is of
clear relevance to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or
otherwise permanently withdrawn from the school.
(f) Each school shall maintain student temporary records
and the information contained in those records for not less
than 5 years after the student has transferred, graduated, or
otherwise withdrawn from the school. However, student
temporary records shall not be disclosed except as provided
in Section 5 or by court order, notwithstanding the
provisions of Section 6. No school shall maintain any student
temporary record or the information contained therein beyond
its period of usefulness to the student and the school, and
in no case longer than 5 years after the student has
transferred, graduated or otherwise permanently withdrawn
from the school. Notwithstanding the foregoing, A school
may maintain indefinitely anonymous information from student
temporary records for authorized research, statistical
reporting or planning purposes, provided that no student or
parent can be individually identified from the information
maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review
of the student temporary records and length of time for
maintenance of entries to such records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent shall be given
reasonable prior notice in accordance with regulations
adopted by the State Board and an opportunity to copy the
record and information proposed to be destroyed or deleted.
(i) No school shall be required to separate permanent
and temporary school student records of a student not
enrolled in such school on or after the effective date of
this Act or to destroy any such records, or comply with the
provisions of paragraph (g) of this Section with respect to
such records, except (1) in accordance with the request of
the parent that any or all of such actions be taken in
compliance with the provisions of this Act or (2) in
accordance with regulations adopted by the State Board.
(Source: P.A. 79-1108.)
(105 ILCS 10/5) (from Ch. 122, par. 50-5)
Sec. 5. (a) A parent or any person specifically
designated as a representative by a parent shall have the
right to inspect and copy all school student permanent and
temporary records of that parent's child. A student shall
have the right to inspect and copy his or her school student
permanent record. No person who is prohibited by an order of
protection from inspecting or obtaining school records of a
student pursuant to the Illinois Domestic Violence Act of
1986, as now or hereafter amended, shall have any right of
access to, or inspection of, the school records of that
student. If a school's principal or person with like
responsibilities or his designee has knowledge of such order
of protection, the school shall prohibit access or inspection
of the student's school records by such person.
(b) Whenever access to any person is granted pursuant
to paragraph (a) of this Section, at the option of either the
parent or the school a qualified professional, who may be a
psychologist, counsellor or other advisor, and who may be an
employee of the school or employed by the parent, may be
present to interpret the information contained in the student
temporary record. If the school requires that a professional
be present, the school shall secure and bear any cost of the
presence of the professional. If the parent so requests, the
school shall secure and bear any cost of the presence of a
professional employed by the school.
(c) A parent's or student's request to inspect and copy
records, or to allow a specifically designated representative
to inspect and copy records, must be granted within a
reasonable time, and in no case later than 15 school days
after the date of receipt of such request by the official
records custodian.
(d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts
fixed in schedules adopted by the State Board, to any person
permitted to copy such records, except that no parent or
student shall be denied a copy of school student records as
permitted under this Section 5 for inability to bear the cost
of such copying.
(e) Nothing contained in this Section 5 shall make
available to a parent or student confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary
recognition, provided such letters and statements are not
used for purposes other than those for which they were
specifically intended, and
(1) were placed in a school student record prior to
January 1, 1975; or
(2) the student has waived access thereto after being
advised of his right to obtain upon request the names of all
such persons making such confidential recommendations.
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
(1) Communications otherwise protected by law as
privileged or confidential, including but not limited to,
information communicated in confidence to a physician,
psychologist or other psychotherapist; or
(2) Information which is communicated by a student or
parent in confidence to school personnel; or
(3) Information which is communicated by a student,
parent, or guardian to a law enforcement professional working
in the school, except as provided by court order.
(Source: P.A. 86-966.)
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) To an employee or official of the school or school
district or State Board with current demonstrable educational
or administrative interest in the student, in furtherance of
such interest;
(3) To the official records custodian of another school
within Illinois or an official with similar responsibilities
of a school outside Illinois, in which the student has
enrolled, or intends to enroll, upon the request of such
official or student;
(4) To any person for the purpose of research,
statistical reporting or planning, provided that no student
or parent can be identified from the information released and
the person to whom the information is released signs an
affidavit agreeing to comply with all applicable statutes and
rules pertaining to school student records;
(5) Pursuant to a court order, provided that the parent
shall be given prompt written notice upon receipt of such
order of the terms of the order, the nature and substance of
the information proposed to be released in compliance with
such order and an opportunity to inspect and copy the school
student records and to challenge their contents pursuant to
Section 7;
(6) To any person as specifically required by State or
federal law;
(6.5) To juvenile authorities when necessary for the
discharge of their official duties who request information
prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff of
the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public or private agency
having custody of the child pursuant to court order; (v) any
individual, public or private agency providing education,
medical or mental health service to the child when the
requested information is needed to determine the appropriate
service or treatment for the minor; (vi) any potential
placement provider when such release is authorized by the
court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law
enforcement officers and prosecutors; (viii) adult and
juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or other persons; or
(8) To any person, with the prior specific dated written
consent of the parent designating the person to whom the
records may be released, provided that at the time any such
consent is requested or obtained, the parent shall be advised
in writing that he has the right to inspect and copy such
records in accordance with Section 5, to challenge their
contents in accordance with Section 7 and to limit any such
consent to designated records or designated portions of the
information contained therein.
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such information,
the capacity in which such a request has been made, and the
purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a
parent may permit any other person to have access to such
information without a prior consent of the parent obtained in
accordance with the requirements of subparagraph (8) of
paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the
State Board.
(Source: P.A. 86-1028.)
Section 1001-25. The Illinois Public Aid Code is amended
by changing Section 11-9 as follows:
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles IV, V, VI, and VII shall be made available without
subpoena or formal notice to the officers of any court, to
all law enforcing agencies, and to such other persons or
agencies as from time to time may be authorized by any court.
In particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient
with respect to whom an arrest warrant is outstanding.
Information shall also be disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or audit
by the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 8 of "The Civil Administrative Code of
Illinois", approved March 7, 1917, as amended.
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the extent
that they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
90-14, eff. 7-1-97.)
ARTICLE 2001. JUVENILE JUSTICE REFORM
Section 2001-5. The Children and Family Services Act is
amended by changing Sections 5 and 5.15 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-740 5-29 of
the Juvenile Court Act of 1987 in accordance with the
federal Adoption Assistance and Child Welfare Act of
1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques approved by the Department of Human Services, as a
successor to the Department of Alcoholism and Substance
Abuse, for the purpose of identifying to identify children
and adults who should be referred to an alcohol and drug
abuse treatment program for professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The