103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0075

 

Introduced 1/20/2023, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7
20 ILCS 5/5-15  was 20 ILCS 5/3
20 ILCS 5/5-20  was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3  from Ch. 38, par. 1003-14-3

    Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.


LRB103 04675 RLC 50239 b

 

 

A BILL FOR

 

SB0075LRB103 04675 RLC 50239 b

1    AN ACT creating the Department of Returning Resident
2Affairs.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Short title. This Act may be cited as the Second
6Chance Public Health and Safety Act.
 
7    Section 5. Legislative declarations and findings. The
8General Assembly finds and declares that:
9        (1) The health, welfare, and prosperity of all
10    Illinois citizens requires the State to change its
11    response to individuals impacted by the judicial system
12    from failed siloed programming to a comprehensive,
13    coordinated, and holistic approach that provides those
14    returning residents with a real second chance to succeed
15    in life.
16        (2) Approximately 42% of Illinois' working age
17    population has an arrest or conviction record. The fact
18    that many of these Illinoisans had no first chance at
19    success in life before their interaction with the judicial
20    system, let alone a real second chance after their
21    release, underscores the need to respond to these
22    individuals when their justice involvement begins without
23    waiting until it ends.

 

 

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1        (3) This condition is exacerbated after these
2    individuals are released from incarceration because they
3    are often perceived as being forever irredeemable even
4    though they have paid their debt to society. Their
5    post-incarceration environment is therefore fraught with
6    barriers to their success, with obstacles impeding them
7    from accessing such basic human necessities as decent
8    housing, meaningful employment, transportation,
9    education, digital literacy, health care, and nutrition.
10        (4) The cost of those obstacles to Illinois is high,
11    both in terms of dollars and violence. Approximately 41%
12    of persons incarcerated in Illinois will recidivate within
13    3 years. Each recidivism event costs Illinois taxpayers
14    over $151,000. The cost of recidivism in terms of violence
15    to Illinois communities is higher, with 39% of returning
16    residents being re-arrested for a violent crime within 9
17    years of release and 86% of persons charged with a
18    homicide in Illinois having arrest or conviction records.
19    An uncalculated cost to Illinois is the loss of
20    productivity and profitability to our State's businesses
21    that suffer from labor shortages when returning residents
22    could be supported and prepared to enter the workforce.
23        (5) Illinois' current approach to returning residents
24    fails because it requires them to navigate through the
25    requirements of numerous disjointed, siloed, and
26    uncoordinated programs that do not fit their individual

 

 

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1    needs and without the fundamental knowledge, tools, and
2    assistance needed for those returning residents to
3    navigate them.
4        (6) It is in the best interests of all Illinois
5    citizens for the State to reduce the cost of recidivism by
6    moving from this failed approach. It is therefore in the
7    best interests of all Illinois citizens for the State to
8    create a comprehensive, coordinated, and holistic program
9    that provides returning residents with effective
10    assistance to respond to the social determinants and
11    obstacles that impede their successful reentry to society.
12        (7) This approach is best achieved by the State's
13    creation of a single Department to coordinate the
14    provision of programs to returning residents through
15    community-based navigators working for community-based
16    organizations. Those navigators and community-based
17    organizations understand returning residents' assessed and
18    individualized needs because they work in the communities
19    where returning residents live. With this experience, they
20    can support returning residents with the resources and
21    assistance they need to navigate through and connect with
22    the multiple systems and service providers that returning
23    residents require to be successful in life.
24        (8) The General Assembly therefore finds that it is
25    necessary to create the Department of Returning Resident
26    Affairs and to require the Department to take the actions

 

 

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1    and establish the programs described in this Act.
 
2    Section 10. Definitions. As used in this Act:
3    "Community-based organization" means a private, non-profit
4entity that has established demonstrable experience providing
5services to Illinois' returning resident community and an
6understanding of the issues affecting those returning
7residents, which is evidenced by:
8        (1) the provision of services to returning residents
9    in Illinois for at least 5 years;
10        (2) experience providing returning residents with
11    assistance regarding issues necessary for those returning
12    residents' success in life, including, without limitation,
13    job preparation training, skills training, job placement,
14    housing, financial and digital literacy, and physical and
15    behavioral health;
16        (3) experience providing educational programming to
17    returning residents;
18        (4) experience providing that assistance on a
19    comprehensive, coordinated, and holistic basis;
20        (5) experience using service delivery systems that
21    employ the navigators or personnel similar to the
22    navigators described in this Act to connect returning
23    residents to other community-based service providers;
24        (6) establishment of relationships with other
25    community-based service providers that serve returning

 

 

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1    residents' needs;
2        (7) the organization's history of employing returning
3    residents; and
4        (8) the organization's leadership reflecting the
5    diversity of the community in which the organization
6    operates.
7    "Council" means the Returning Resident Interagency
8Council.
9    "Director" means the Director of Returning Resident
10Affairs.
11    "Department" means the Department of Returning Resident
12Affairs.
13    "For-profit correctional entity" means a person or entity
14that directly, indirectly, or beneficially operates a
15correctional or detention facility for profit.
16    "Hub site operator" means the community-based organization
17that contracts with the Department to operate a hub site under
18the Program;
19    "Navigator" means one of the various types of navigators
20described in this Act or similarly identified individuals who
21are employed by or contracted with a hub site operator under
22the Program.
23    "Program" means the Second Chance State Program described
24in this Act.
25    "Program participant" means a returning resident who has
26consented to participate in the Program.

 

 

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1    "Returning resident" means an Illinois resident who is (i)
2at least 17 years old or (ii) under 17 years old and is being
3or has been charged or prosecuted for a crime as an adult; and:
4        (1) has been detained by a law enforcement officer or
5    correctional officer of this State or any agency or
6    political subdivision of this State;
7        (2) is a defendant in a criminal prosecution pending
8    in any State or federal court sitting in the State of
9    Illinois;
10        (3) is incarcerated or otherwise detained in any
11    local, county, State, or federal correctional or detention
12    facility located in the State of Illinois; or
13        (4) has been incarcerated or otherwise detained in any
14    local, county, State, or federal correctional or detention
15    facility.
 
16    Section 15. Creation of the Department of Returning
17Resident Affairs. The Department of Returning Resident Affairs
18is created. The Department shall exercise governmental and
19public powers, be perpetual in duration, and have the powers
20and duties enumerated in this Act, together with other powers
21and duties conferred upon it by law and powers and duties that
22are necessary or implied for the purpose of effectuating the
23policy declared in Section 5.
 
24    Section 20. General powers of the Department.

 

 

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1    (a) Except as otherwise limited by this Act, the
2Department has all of the powers necessary or convenient to
3carry out the purposes and provisions of this Act, including,
4without limitation, each of the following:
5        (1) To have a corporate seal, and to alter that seal at
6    pleasure, and to use it by causing it or a facsimile to be
7    affixed or impressed or reproduced in any other manner.
8        (2) To obtain and employ personnel and hire
9    consultants that are necessary to fulfill the Department's
10    purposes, and to make expenditures for that purpose within
11    the appropriations for that purpose.
12        (3) To purchase, receive, take by grant, gift, devise,
13    bequest, or otherwise, lease, or otherwise acquire, own,
14    hold, improve, employ, use, convey in whole or in part,
15    and otherwise deal in and with real or personal property
16    whether tangible or intangible, or any interest therein,
17    within the State.
18        (4) To make and execute agreements, contracts, and
19    other instruments necessary or convenient in the exercise
20    of the powers and functions of the Department under this
21    Act, including contracts with any person, local
22    government, State Department, or other entity. All State
23    agencies and all local governments are authorized to enter
24    into and do all things necessary to perform any such
25    agreement, contract, or other instrument with the
26    Department. No such agreement, contract, or other

 

 

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1    instrument shall exceed 40 years.
2        (6) To maintain the Department at such place or places
3    in the State as it may determine.
4        (7) To request information, and to make any inquiry,
5    investigation, survey, or study that the Department may
6    deem necessary to enable it effectively to carry out the
7    provisions of this Act.
8        (8) To accept and expend appropriations.
9        (9) To engage in any activity or operation that is
10    incidental to and in furtherance of efficient operation to
11    accomplish the Department's purposes.
12        (10) To adopt, revise, amend, and repeal rules with
13    respect to its operations as may be necessary or
14    convenient to carry out the purposes of this Act, subject
15    to the provisions of the Illinois Administrative Procedure
16    Act. The Department shall consult and collaborate with
17    community-based organizations in a meaningful manner when
18    developing the rules. The Department shall provide all
19    community-based organizations that file a written
20    statement of interest with the Department with at least 10
21    business days to comment on any proposed rules of the
22    Department before the Department publishes notice of the
23    proposed rules in the Illinois Register in accordance with
24    Section 5-40 of the Illinois Administrative Procedure Act.
25    (b) Unless otherwise stated, the Department is subject to
26the provisions of all applicable laws, including, but not

 

 

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1limited to:
2        (1) The State Records Act.
3        (2) The Illinois Procurement Code.
4        (3) The Freedom of Information Act.
5        (4) The State Property Control Act.
 
6    Section 25. Illinois Administrative Procedure Act. The
7provisions of the Illinois Administrative Procedure Act shall
8apply to all administrative rules and procedures of the
9Department.
 
10    Section 30. Administrative Review Law. Any final
11administrative decision of the Department is subject to review
12under the Administrative Review Law.
 
13    Section 35. Illinois State Auditing Act. For purposes of
14the Illinois State Auditing Act, the Department is a State
15agency within the meaning of that Act and is subject to the
16jurisdiction of the Auditor General.
 
17    Section 40. Department officials.
18    (a) The Department shall have a Director who meets the
19qualifications specified in subsection (a) of Section 5-240 of
20the Civil Administrative Code of Illinois.
21    (b) The Department shall have an Assistant Director and
22General Counsel who meet the qualifications specified in

 

 

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1subsection (b) of Section 5-240 of the Civil Administrative
2Code of Illinois.
 
3    Section 45. The Second Chance State Program.
4    (a) Subject to appropriation, within one year of the
5effective date of this Act, the Department shall develop,
6create, implement, and administer the Second Chance State
7Program.
8    (b) The following actions shall be taken to implement the
9Program:
10        (1) Within 2 hours after making an arrest, or sooner
11    if the arrestee is released in less than 2 hours, each law
12    enforcement officer shall provide each person that the law
13    enforcement officer arrests with information about the
14    Program, including, without limitation, contact
15    information for the Program and an opportunity for the
16    arrestee to consent to the law enforcement officer's
17    direct referral of the arrestee to the Program. Upon the
18    arrestee's consent to such direct referral and provision
19    of appropriate contact information to the law enforcement
20    officer, that law enforcement officer shall forward the
21    arrestee's consent and contact information to the Program
22    within 5 business days after the law enforcement officer
23    receives such information.
24        (2) Simultaneously with a defendant's first appearance
25    in a criminal proceeding, the clerk of the circuit court

 

 

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1    where the defendant's case is pending shall provide the
2    defendant with information about the Program, including,
3    without limitation, contact information for the Program
4    and an opportunity for the defendant to consent to the
5    clerk's direct referral of the defendant to the Program.
6    Upon the defendant's consent to such direct referral and
7    provision of appropriate contact information to the clerk,
8    that clerk shall forward the defendant's consent and
9    contact information to the Program within 5 business days
10    after the clerk receives such information.
11        (3) Each county sheriff shall provide the following to
12    each person detained in a facility over which that sheriff
13    has jurisdiction, prior to each detainee's release from
14    the facility to the community: (A) information about the
15    Program, including, without limitation, contact
16    information for the Program and (B) an opportunity for the
17    detainee to consent to the sheriff's direct referral of
18    the detainee to the Program. Upon the detainee's consent
19    to such direct referral and provision of appropriate
20    contact information to the sheriff, that sheriff shall
21    forward the detainee's consent and contact information to
22    the Program within 5 business days after the sheriff
23    receives such information.
24        (4) The Department of Corrections shall provide the
25    following to each person incarcerated in a facility
26    operated directly by or under contract with the Department

 

 

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1    of Corrections within 6 months of the individual's
2    projected release from the facility to the community: (A)
3    information about the Program, including, without
4    limitation, contact information for the Program and (B) an
5    opportunity for the incarcerated individual to consent to
6    the Department of Corrections' direct referral of the
7    individual to the Program. Upon the incarcerated
8    individual's consent to such direct referral and provision
9    of appropriate contact information to the Department of
10    Corrections, the Department of Corrections shall forward
11    the incarcerated individual's consent and contact
12    information to the Program within 5 business days after
13    the Department of Corrections receives such information.
14        (5) The Department shall provide both hard copy and
15    electronic versions of the information and consent forms
16    described in this Act in English, Spanish, Polish, and
17    such other languages as the Department may choose to
18    clerks of the circuit court, county sheriffs, the
19    Department of Corrections, and other entities that request
20    such information and forms. The Department shall create a
21    system that allows for law enforcement officers, clerks of
22    the circuit court, the Department of Corrections, and
23    others to electronically transmit information to the
24    Department that is required by this Act in the most
25    reasonably efficient and expeditious manner. The
26    obligations imposed upon law enforcement officers, clerks

 

 

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1    of the circuit court, the Department of Corrections, and
2    others by this Act shall not be held in abeyance or
3    otherwise altered while the Department creates such a
4    system.
5        (6) The Department shall, on its own or under contract
6    with a community-based organization, maintain a
7    non-automated, toll-free telephone hotline for returning
8    residents to contact about their immediate needs and
9    referral to the Program. That hotline shall be solely
10    answered and staffed by individuals trained to triage and
11    otherwise provide a trauma-informed response to the needs
12    of returning residents who may be experiencing a crisis.
13    The Department shall endeavor to cause the hotline to be
14    staffed in a manner that allows for callers to it to be
15    connected to hotline staff within not less than 10 minutes
16    after the call is placed. Hotline staff shall connect
17    returning residents who call the hotline to:
18            (A) the 9-8-8 Suicide and Crisis Lifeline, another
19        suicide prevention hotline, or a qualified mental
20        health professional that can respond to the caller's
21        immediate needs if hotline staff determines that the
22        caller is in danger of harming the caller or others;
23            (B) community-based organizations or
24        community-based providers that can respond to other
25        immediate needs of the caller;
26            (C) a hub site for participation in the Program if

 

 

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1        the caller is a returning resident who consents to
2        such referral and provides the hotline with
3        information necessary to make the referral.
4        The Department shall partner, collaborate, and
5    otherwise work with community-based organizations to
6    develop a plan to publicize and promote this hotline.
7        (7) The Department shall partner, collaborate, and
8    otherwise work with federal correctional facilities
9    located in Illinois, other State agencies, community-based
10    organizations, community-based service providers,
11    religious and other charitable entities, and any other
12    entity it deems necessary to disseminate information about
13    the Program to returning residents and offer them an
14    opportunity to participate in the Program. Other State
15    agencies shall be required to partner, collaborate, and
16    otherwise work with the Department for this purpose.
17        (8) The Program shall be operated at 13 hub sites
18    geographically distributed across the State, including at
19    least one hub site located in or near each of the following
20    areas: Chicago (South Side), Chicago (Northwest and West
21    Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
22    Champaign, Danville, Decatur, Carbondale, East St. Louis,
23    and Alton.
24        (9) The Program's elements shall be delivered at each
25    hub site by community-based organizations, which shall act
26    as the hub site operator under contract with the

 

 

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1    Department, and the community-based organizations. The
2    Department shall not select a community-based organization
3    to deliver the Program's elements to more than 2 hub sites
4    throughout Illinois as a hub site operator, with each
5    community-based organization delivering the Program's
6    elements as a hub site operator at the hub site or hub
7    sites assigned to it by the Department for not less than a
8    3-year period. Those community-based organizations may
9    provide the Program elements as a hub site operator on
10    their own or in whole or part under subcontracts with
11    other community-based providers. The Department shall
12    employ not less than 3 Regional Supervisors to oversee the
13    work of the hub site operators.
14        (10) The Department shall electronically transmit
15    consents and contact information for each returning
16    resident that is referred to or otherwise contacts the
17    Program, to the hub site that services the geographic area
18    in which the returning resident is or expects to be
19    located within 2 business days after the Department
20    receives that information.
21        (11) The Program's elements at each hub site shall
22    consist of the following:
23            (A) Each hub site operator shall develop a network
24        of community-based service providers that provide
25        those services needed by each individual Program
26        participant to avoid incarceration and otherwise

 

 

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1        succeed in life, including, without limitation,
2        pretrial services (including, without limitation,
3        facilitating participation in participatory defense
4        and restorative justice programs and other
5        alternatives to traditional criminal proceedings),
6        education, job preparation and training, skills
7        training, job placement, housing, financial and
8        digital literacy, and physical and behavioral health.
9            (B) Each hub site operator shall employ pretrial
10        navigators at each hub site it operates. Each
11        returning resident who has been detained by law
12        enforcement or is a defendant in a criminal action and
13        who consents to participation in the Program shall be
14        assigned to a pretrial navigator.
15            (C) Law enforcement officers shall allow and
16        facilitate communications and in-person visits between
17        arrestees who have consented to referral to the
18        Program and pretrial navigators assigned to those
19        arrestees.
20            (D) Each hub site operator shall employ reentry
21        navigators at each hub site it operates. Each
22        returning resident who consents to participation in
23        the Program shall be assigned to a reentry navigator.
24            (E) The Department of Corrections shall allow and
25        facilitate communications and in-person visits between
26        returning residents incarcerated in correctional

 

 

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1        facilities operated directly by or under contract with
2        the Department of Corrections and who have consented
3        to referral to the Program and the reentry navigators
4        assigned to those returning residents, for the
5        purposes establishing a seamless transition of those
6        returning residents from the Department of Corrections
7        to the Program upon the returning residents' release
8        from incarceration into the community. Upon the
9        consent of a returning resident, the Department of
10        Corrections shall provide the reentry navigator
11        assigned to the returning resident with all:
12                (i) Medicaid-related information pertaining to
13            the returning resident that was obtained under
14            subsection (a-4) of Section 3-14-1 of the Unified
15            Code of Corrections; and
16                (ii) health care coverage information
17            pertaining to the returning resident that was
18            obtained under subsection (f) of Section 3-14-1 of
19            the Unified Code of Corrections.
20            Upon a returning resident's release from
21        incarceration, the Department of Corrections shall
22        also provide that returning resident with one month's
23        supply of any prescribed medications the returning
24        resident was taking at the time of the returning
25        resident's release.
26            (F) Each county sheriff shall allow and facilitate

 

 

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1        communications and in-person visits between returning
2        residents appearing in courts within that sheriff's
3        jurisdiction or detained in facilities operated
4        directly by or under contract with the county sheriff
5        and who have consented to referral to the Program and
6        the navigators assigned to those returning residents,
7        for the purpose of establishing a seamless transition
8        of those returning residents from those facilities to
9        the Program upon the returning residents' release from
10        detention into the community.
11            (G) Navigators shall be in regular communication
12        with the Program participants assigned to them for the
13        purposes of:
14                (i) assessing that participant's individual
15            needs to avoid recidivating and otherwise succeed
16            in life;
17                (ii) determining what community-based service
18            providers or others are best suited to provide
19            services to the participant that are necessary for
20            that purpose;
21                (iii) maintaining regular and continuing
22            contact with the Program participant for as long
23            as is necessary to ensure that the participant's
24            needs are being met and until the navigator
25            reasonably believes that the participant is not in
26            danger of recidivating and will otherwise maintain

 

 

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1            a healthy and successful life on a continuing
2            basis; and
3                (iv) providing other services that the
4            navigator may be required or authorized to provide
5            under law.
6            (H) Each hub site operator shall endeavor to limit
7        each navigator's active caseload of Program
8        participants assigned to that navigator to not more
9        than 25 returning residents.
10            (I) Each hub site operator shall employ one or
11        more Education Counselors at each hub site it operates
12        to assist pretrial and reentry navigators at that site
13        with obtaining and facilitating educational and
14        education-related financial aid opportunities for
15        Program participants and the presentation of
16        educational programming in correctional and detention
17        facilities. Each hub site shall conduct educational
18        programming for Program participants before, during,
19        and after they have been incarcerated or detained. The
20        Department of Corrections shall allow and facilitate
21        in-person and virtual contact between returning
22        residents incarcerated in correctional facilities
23        operated directly by or under contract with the
24        Department of Corrections and hub site personnel for
25        the purpose of conducting this programming. Each
26        county sheriff shall allow and facilitate in-person

 

 

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1        and virtual contact between returning residents
2        detained in facilities operated directly by or under
3        contract with the county sheriff and hub site
4        personnel for the purpose of conducting this
5        programming.
6            (J) Each hub site operator shall employ one or
7        more housing counselors at each hub site that it
8        operates, to assist pretrial and reentry navigators at
9        that site with housing issues affecting Program
10        participants.
11            (K) Each hub site operator shall employ one or
12        more job developers at each hub site that it operates,
13        to assist pretrial and reentry navigators at that site
14        with employment issues affecting Program participants.
15            (L) Each hub site operator shall employ one or
16        more qualified mental health professionals at each hub
17        site that it operates, to provide behavioral health
18        treatment to Program participants and assist pretrial
19        and reentry navigators at that site with behavioral
20        health issues affecting Program participants. Each hub
21        site operator shall endeavor to limit the caseload of
22        Program participants assigned to each qualified mental
23        health professional for treatment by that qualified
24        mental health professional to 25 Program participants.
25            (M) Each hub site operator shall employ one or
26        more certified alcohol and drug counselors at each hub

 

 

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1        site that it operates to assist pretrial and reentry
2        navigators at that site with substance use issues
3        affecting Program participants. Each hub site operator
4        shall endeavor to limit the caseload of Program
5        participants assigned to each certified alcohol and
6        drug counselor for treatment by that counselor to 25
7        Program participants.
8            (N) Each hub site operator shall employ one or
9        more persons who have been incarcerated to work as
10        certified peer support specialists at each hub site
11        that it operates. Each certified peer support
12        specialist shall assist Program participants with such
13        matters that include, without limitation, articulating
14        goals, developing plans, learning and practicing new
15        skills, monitoring progress, treatment support,
16        effective coping techniques, and self-help strategies,
17        and shall also assist pretrial and reentry navigators
18        at that site with issues affecting Program
19        participants. Each hub site operator shall endeavor to
20        limit the caseload of Program participants assigned to
21        each certified peer support specialist to 25 Program
22        participants.
23            (O) Within 2 years of the date of a hub site
24        operator's contract with the Department to operate a
25        hub site, the hub site operator shall develop and
26        implement a program to train individuals for

 

 

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1        certification as certified alcohol and drug counselors
2        and certified peer support specialists without charge
3        to those individuals. Preference for such training
4        shall be given to persons who have been incarcerated.
5            (P) When making employment decisions regarding the
6        employment of individuals at their hub sites, hub site
7        operators shall give preference to persons who have
8        been incarcerated. Hub site operators shall only
9        employ persons who have been incarcerated as certified
10        peer support specialists.
11            (Q) Hub site operators and the hub sites they
12        operate shall partner, collaborate, and otherwise work
13        together to develop best practices to achieve the
14        purposes of this Act and leverage resources available
15        for those purposes. The Department shall convene
16        in-person meetings or virtual meetings of all hub site
17        operators for this purpose on not less than a monthly
18        basis.
19            (R) The Department and the hub site operators
20        shall operate each hub site in cooperation and
21        geographic proximity with any hub sites that may be
22        operated under the Clean Jobs Workforce Network
23        Program, Clean Energy Contractor Incubator Program,
24        Returning Residents Clean Jobs Training Program,
25        Illinois Climate Works Preapprenticeship Program, or
26        Clean Energy Primes Contractor Accelerator Program.
 

 

 

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1    Section 50. Metrics and reporting.
2    (a) Each hub site operator shall report the following to
3the Department on a quarterly basis for Program participants
4served by the hub site:
5        (1) the total number of Program participants referred
6    to, assessed by, and enrolled in a program by the hub site
7    and total number of those Program participants who
8    successfully completed a program related to their referral
9    to the hub site;
10        (2) pretrial program referrals and 90-day, 180-day,
11    1-year, 2-year, 3-year, and 5-year incarceration or
12    recidivism rates for Program participants referred to
13    those programs, categorized by incarceration or recidivism
14    resulting from:
15            (i) violation of court-imposed restrictions;
16            (ii) alleged commission of a violent crime; and
17            (iii) alleged commission of a non-violent crime;
18        (3) 90-day, 180-day, 1-year, 2-year, 3-year and 5-year
19    recidivism rates for Program participants, categorized by
20    the recidivism resulting from:
21            (i) violation of probation, violation of mandatory
22        supervised release, technical parole violation, or
23        similar activity;
24            (ii) alleged commission of a violent crime; and
25            (iii) alleged commission of a non-violent crime;

 

 

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1        (4) job referrals, job starts, and 30-day, 60-day,
2    90-day, and 365-day job retention data;
3        (5) preapprenticeship training referrals,
4    preapprenticeship training acceptances, apprenticeship
5    program referrals, apprenticeship program acceptances and
6    30-day, 60-day, 90-day, and 365-day job retention data;
7        (6) the number of hours of educational programming
8    provided in correctional or detention facilities and the
9    number of incarcerated or detained individuals attending
10    that programming;
11        (7) educational referrals and placements, including,
12    without limitation, referrals to and placements in high
13    school equivalency programs, postsecondary educational
14    classes, and vocational classes;
15        (8) housing referrals, housing placements 30-day,
16    60-day, 90-day, and 365-day housing retention data,
17    categorized by transitional housing and permanent housing;
18        (9) non-hospital admission medical referrals,
19    non-hospital admission medical placements; hospital
20    admission referrals, hospital admission placements;
21        (10) behavioral health service referrals, behavioral
22    health assessments, behavioral health program enrollments,
23    and successful completions of behavioral health programs;
24        (11) substance or alcohol use referrals, substance or
25    alcohol use assessments, substance or alcohol use
26    treatment enrollments, and successful completions of

 

 

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1    substance or alcohol use treatment programs;
2        (12) referrals to other community-based service
3    providers and placements with those providers, categorized
4    by provider;
5        (13) financial expenditures for the operation of the
6    Program, itemized by categories, which shall be determined
7    by the Department; and
8        (14) such other information as the Department may
9    require.
10    (b) To facilitate the reporting required under this
11Section that pertains to incarcerations or recidivism, the
12Department of Corrections shall, on a monthly basis, provide
13the Department with the identity of all individuals who were
14taken into the custody of the Department of Corrections during
15the previous month. The Department of Corrections shall also
16provide the Department with such other information as the
17Department reasonably requires for reporting purposes or to
18otherwise implement or conduct the Program.
19    (c) The Department shall make the reports provided to it
20by the hub site operators under this Section available on the
21Department's website.
22    (d) The Department shall make an annual report to the
23Governor and General Assembly that includes cumulative data
24that reflects the information provided to the Department under
25this Section.
26    (e) The Department shall annually perform an analysis of

 

 

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1the financial costs and benefits of the Department's programs
2and other programs that support or otherwise relate to
3returning residents. This analysis shall include, at a
4minimum, the financial impact of returning resident education,
5training and employment programs and other returning resident
6programs, the net tax revenues to the State and its political
7subdivisions that result from returning resident programs, the
8reduction in public assistance to returning residents that
9results from returning resident programs, and such other
10similar financial costs and benefits as the Director deems
11necessary to analyze. The Governor's Office of Management and
12Budget shall be the lead agency to provide principal support
13to the Department for this analysis. All other State agencies
14shall provide such information as the Department deems
15reasonably necessary for this analysis and shall assist with
16it. The Department shall report the findings of this analysis
17to the General Assembly and the Governor and shall publish
18those findings on its website.
 
19    Section 55. Privilege for communications by returning
20residents.
21    (a) Except as provided in subsection (c), anything said or
22done by an arrestee or Program participant as part of, in
23anticipation of or as a follow-up to that that individual's
24participation in the Program shall be privileged, shall not be
25disclosed and may not be used in any pending or future civil,

 

 

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1criminal, juvenile, court, administrative, or other proceeding
2unless the privilege is waived in writing by the individual
3covered by the privilege after the individual's informed
4consent.
5    (b) Any waiver of privilege provided by this Section is
6limited to the participation and communication of the waiving
7party only, and the participation or communications of any
8other arrestee or Program participant shall remain privileged
9unless waived by the other individual.
10    (c) The privilege afforded by this Section does not apply
11if disclosure is necessary to prevent death, great bodily
12harm, or the commission of a crime.
 
13    Section 60. Prohibition on relationships with for-profit
14correctional entities.
15    (a) Neither the Department nor any hub site operator shall
16enter into a contractual or other financial, service, or
17volunteer relationship with and shall not pay any money or
18provide any other form of consideration to:
19        (1) a for-profit correctional entity;
20        (2) a person or entity that directly, indirectly, or
21    beneficially, in the name of the person or entity or in the
22    name of a nominee, has an ownership interest in or other
23    form of control over more than 7 1/2% of a for-profit
24    correctional entity;
25        (3) an entity where a person or entity described in

 

 

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1    paragraph (1) or (2) directly, indirectly, or
2    beneficially, in the name of the person or entity or in the
3    name of a nominee, has an ownership interest in or other
4    form of control over more than 7 1/2%;
5        (4) an entity where a person described in paragraph
6    (2) is an officer, director, trustee, administrator, or
7    employee;
8        (5) a person who is or has been an officer, director,
9    trustee, administrator, or employee of a for-profit
10    correctional entity;
11        (6) an entity where a person described in paragraph
12    (5) is an officer, director, trustee, administrator, or
13    employee;
14        (7) an entity in which a for-profit correctional
15    entity, directly, indirectly, or beneficially, in its own
16    name or in the name of a nominee, has an ownership interest
17    in or other form of control over more than 7 1/2%;
18        (8) a non-profit entity that was or is organized by,
19    operated by, or funded in part by, or has as an officer,
20    director, trustee, administrator, or employee, any person
21    or entity described in paragraphs (1) through (7).
22    (b) A hub site operator shall not assign or otherwise
23transfer any of its powers, duties, or obligations that are
24set forth in this Act or any agreement it enters into under
25this Act to any person or entity described in subsection (a).
26The Department, any officer, director, administrator, or

 

 

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1employee of the Department, a hub site operator or any
2officer, director, trustee, administrator, or employee shall
3not refer a returning resident for any service whatsoever to a
4person or entity described in paragraphs (1) through (7) of
5subsection (a).
6    (c) Each party to any contract, agreement, memorandum of
7understanding, or similar instrument with the Department or a
8hub site operator shall certify in writing that, under penalty
9of perjury, the party has performed due diligence to determine
10whether the party complies with this Section and, after
11performing that due diligence, has determined that the party
12complies with this Section.
13    (d) Each employee of the Department and each hub site
14operator shall certify in writing that, under penalty of
15perjury, the employee or operator performed due diligence to
16determine whether the employee or operator complies with this
17Section and, after performing that due diligence, has
18determined that the employee or operator complies with this
19Section.
 
20    Section 65. Returning Residents Interagency Council. The
21Returning Residents Interagency Council is established to
22identify the manner in which State officials and agencies can
23designate, allocate, and coordinate the use of their resources
24to best support the needs of returning residents. The Director
25shall be the chair of the Council. Each of the following shall

 

 

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1appoint an employee from that office as a representative to
2the Council:
3        (1) The Governor.
4        (2) The Attorney General.
5        (3) The Chief Justice of the Supreme Court.
6        (4) The Department on Aging.
7        (5) The Department of Agriculture.
8        (6) The Department of Central Management Services.
9        (7) The Department of Children and Family Services.
10        (8) The Department of Commerce and Economic
11    Opportunity.
12        (9) The Department of Corrections.
13        (10) The Department of Employment Security.
14        (11) The Department of Financial and Professional
15    Regulation.
16        (12) The Department of Healthcare and Family Services.
17        (13) The Department of Human Services.
18        (14) The Department of Innovation and Technology.
19        (15) The Department of Insurance.
20        (16) The Department of Labor.
21        (17) The Department of Public Health.
22        (18) The Department of Revenue.
23        (19) The Department of Transportation.
24        (20) The Department of Veterans' Affairs.
25        (21) The Governor's Office of Management and Budget.
26        (22) The Illinois Community College Board.

 

 

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1        (23) The Illinois Criminal Justice Information
2    Authority.
3        (24) The Illinois Finance Authority.
4        (25) The Illinois Housing Development Authority.
5        (26) The State Board of Higher Education.
6        (27) The Illinois State Police.
7        (28) The Secretary of State.
8        (29) The State Superintendent of Education.
9        (30) The State Treasurer.
10        (31) The sheriffs of the counties where the hubs
11    created pursuant to this Act are located.
12        (32) The Illinois Association of Court Clerks.
13        (33) The Illinois State's Attorneys Association.
14        (34) The Illinois Association of Chiefs of Police.
15    The Director may appoint other persons to the Council as
16the Director determines necessary. The Council shall meet no
17less than quarterly in places determined by the Director. The
18Department shall provide the support and assistance needed by
19the Council.
 
20    Section 75. Provisions of Act mandatory. Subject only to
21appropriation, the provisions of this Act are mandatory and
22shall not be considered to be directory or discretionary.
 
23    Section 905. The Freedom of Information Act is amended by
24changing Section 7 as follows:
 

 

 

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1    (5 ILCS 140/7)
2    (Text of Section before amendment by P.A. 102-982)
3    Sec. 7. Exemptions.
4    (1) When a request is made to inspect or copy a public
5record that contains information that is exempt from
6disclosure under this Section, but also contains information
7that is not exempt from disclosure, the public body may elect
8to redact the information that is exempt. The public body
9shall make the remaining information available for inspection
10and copying. Subject to this requirement, the following shall
11be exempt from inspection and copying:
12        (a) Information specifically prohibited from
13    disclosure by federal or State law or rules and
14    regulations implementing federal or State law.
15        (b) Private information, unless disclosure is required
16    by another provision of this Act, a State or federal law,
17    or a court order.
18        (b-5) Files, documents, and other data or databases
19    maintained by one or more law enforcement agencies and
20    specifically designed to provide information to one or
21    more law enforcement agencies regarding the physical or
22    mental status of one or more individual subjects.
23        (c) Personal information contained within public
24    records, the disclosure of which would constitute a
25    clearly unwarranted invasion of personal privacy, unless

 

 

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1    the disclosure is consented to in writing by the
2    individual subjects of the information. "Unwarranted
3    invasion of personal privacy" means the disclosure of
4    information that is highly personal or objectionable to a
5    reasonable person and in which the subject's right to
6    privacy outweighs any legitimate public interest in
7    obtaining the information. The disclosure of information
8    that bears on the public duties of public employees and
9    officials shall not be considered an invasion of personal
10    privacy.
11        (d) Records in the possession of any public body
12    created in the course of administrative enforcement
13    proceedings, and any law enforcement or correctional
14    agency for law enforcement purposes, but only to the
15    extent that disclosure would:
16            (i) interfere with pending or actually and
17        reasonably contemplated law enforcement proceedings
18        conducted by any law enforcement or correctional
19        agency that is the recipient of the request;
20            (ii) interfere with active administrative
21        enforcement proceedings conducted by the public body
22        that is the recipient of the request;
23            (iii) create a substantial likelihood that a
24        person will be deprived of a fair trial or an impartial
25        hearing;
26            (iv) unavoidably disclose the identity of a

 

 

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1        confidential source, confidential information
2        furnished only by the confidential source, or persons
3        who file complaints with or provide information to
4        administrative, investigative, law enforcement, or
5        penal agencies; except that the identities of
6        witnesses to traffic accidents, traffic accident
7        reports, and rescue reports shall be provided by
8        agencies of local government, except when disclosure
9        would interfere with an active criminal investigation
10        conducted by the agency that is the recipient of the
11        request;
12            (v) disclose unique or specialized investigative
13        techniques other than those generally used and known
14        or disclose internal documents of correctional
15        agencies related to detection, observation, or
16        investigation of incidents of crime or misconduct, and
17        disclosure would result in demonstrable harm to the
18        agency or public body that is the recipient of the
19        request;
20            (vi) endanger the life or physical safety of law
21        enforcement personnel or any other person; or
22            (vii) obstruct an ongoing criminal investigation
23        by the agency that is the recipient of the request.
24        (d-5) A law enforcement record created for law
25    enforcement purposes and contained in a shared electronic
26    record management system if the law enforcement agency

 

 

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1    that is the recipient of the request did not create the
2    record, did not participate in or have a role in any of the
3    events which are the subject of the record, and only has
4    access to the record through the shared electronic record
5    management system.
6        (d-6) Records contained in the Officer Professional
7    Conduct Database under Section 9.2 of the Illinois Police
8    Training Act, except to the extent authorized under that
9    Section. This includes the documents supplied to the
10    Illinois Law Enforcement Training Standards Board from the
11    Illinois State Police and Illinois State Police Merit
12    Board.
13        (e) Records that relate to or affect the security of
14    correctional institutions and detention facilities.
15        (e-5) Records requested by persons committed to the
16    Department of Corrections, Department of Human Services
17    Division of Mental Health, or a county jail if those
18    materials are available in the library of the correctional
19    institution or facility or jail where the inmate is
20    confined.
21        (e-6) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials include records from staff members' personnel
25    files, staff rosters, or other staffing assignment
26    information.

 

 

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1        (e-7) Records requested by persons committed to the
2    Department of Corrections or Department of Human Services
3    Division of Mental Health if those materials are available
4    through an administrative request to the Department of
5    Corrections or Department of Human Services Division of
6    Mental Health.
7        (e-8) Records requested by a person committed to the
8    Department of Corrections, Department of Human Services
9    Division of Mental Health, or a county jail, the
10    disclosure of which would result in the risk of harm to any
11    person or the risk of an escape from a jail or correctional
12    institution or facility.
13        (e-9) Records requested by a person in a county jail
14    or committed to the Department of Corrections or
15    Department of Human Services Division of Mental Health,
16    containing personal information pertaining to the person's
17    victim or the victim's family, including, but not limited
18    to, a victim's home address, home telephone number, work
19    or school address, work telephone number, social security
20    number, or any other identifying information, except as
21    may be relevant to a requester's current or potential case
22    or claim.
23        (e-10) Law enforcement records of other persons
24    requested by a person committed to the Department of
25    Corrections, Department of Human Services Division of
26    Mental Health, or a county jail, including, but not

 

 

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1    limited to, arrest and booking records, mug shots, and
2    crime scene photographs, except as these records may be
3    relevant to the requester's current or potential case or
4    claim.
5        (f) Preliminary drafts, notes, recommendations,
6    memoranda, and other records in which opinions are
7    expressed, or policies or actions are formulated, except
8    that a specific record or relevant portion of a record
9    shall not be exempt when the record is publicly cited and
10    identified by the head of the public body. The exemption
11    provided in this paragraph (f) extends to all those
12    records of officers and agencies of the General Assembly
13    that pertain to the preparation of legislative documents.
14        (g) Trade secrets and commercial or financial
15    information obtained from a person or business where the
16    trade secrets or commercial or financial information are
17    furnished under a claim that they are proprietary,
18    privileged, or confidential, and that disclosure of the
19    trade secrets or commercial or financial information would
20    cause competitive harm to the person or business, and only
21    insofar as the claim directly applies to the records
22    requested.
23        The information included under this exemption includes
24    all trade secrets and commercial or financial information
25    obtained by a public body, including a public pension
26    fund, from a private equity fund or a privately held

 

 

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1    company within the investment portfolio of a private
2    equity fund as a result of either investing or evaluating
3    a potential investment of public funds in a private equity
4    fund. The exemption contained in this item does not apply
5    to the aggregate financial performance information of a
6    private equity fund, nor to the identity of the fund's
7    managers or general partners. The exemption contained in
8    this item does not apply to the identity of a privately
9    held company within the investment portfolio of a private
10    equity fund, unless the disclosure of the identity of a
11    privately held company may cause competitive harm.
12        Nothing contained in this paragraph (g) shall be
13    construed to prevent a person or business from consenting
14    to disclosure.
15        (h) Proposals and bids for any contract, grant, or
16    agreement, including information which if it were
17    disclosed would frustrate procurement or give an advantage
18    to any person proposing to enter into a contractor
19    agreement with the body, until an award or final selection
20    is made. Information prepared by or for the body in
21    preparation of a bid solicitation shall be exempt until an
22    award or final selection is made.
23        (i) Valuable formulae, computer geographic systems,
24    designs, drawings, and research data obtained or produced
25    by any public body when disclosure could reasonably be
26    expected to produce private gain or public loss. The

 

 

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1    exemption for "computer geographic systems" provided in
2    this paragraph (i) does not extend to requests made by
3    news media as defined in Section 2 of this Act when the
4    requested information is not otherwise exempt and the only
5    purpose of the request is to access and disseminate
6    information regarding the health, safety, welfare, or
7    legal rights of the general public.
8        (j) The following information pertaining to
9    educational matters:
10            (i) test questions, scoring keys, and other
11        examination data used to administer an academic
12        examination;
13            (ii) information received by a primary or
14        secondary school, college, or university under its
15        procedures for the evaluation of faculty members by
16        their academic peers;
17            (iii) information concerning a school or
18        university's adjudication of student disciplinary
19        cases, but only to the extent that disclosure would
20        unavoidably reveal the identity of the student; and
21            (iv) course materials or research materials used
22        by faculty members.
23        (k) Architects' plans, engineers' technical
24    submissions, and other construction related technical
25    documents for projects not constructed or developed in
26    whole or in part with public funds and the same for

 

 

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1    projects constructed or developed with public funds,
2    including, but not limited to, power generating and
3    distribution stations and other transmission and
4    distribution facilities, water treatment facilities,
5    airport facilities, sport stadiums, convention centers,
6    and all government owned, operated, or occupied buildings,
7    but only to the extent that disclosure would compromise
8    security.
9        (l) Minutes of meetings of public bodies closed to the
10    public as provided in the Open Meetings Act until the
11    public body makes the minutes available to the public
12    under Section 2.06 of the Open Meetings Act.
13        (m) Communications between a public body and an
14    attorney or auditor representing the public body that
15    would not be subject to discovery in litigation, and
16    materials prepared or compiled by or for a public body in
17    anticipation of a criminal, civil, or administrative
18    proceeding upon the request of an attorney advising the
19    public body, and materials prepared or compiled with
20    respect to internal audits of public bodies.
21        (n) Records relating to a public body's adjudication
22    of employee grievances or disciplinary cases; however,
23    this exemption shall not extend to the final outcome of
24    cases in which discipline is imposed.
25        (o) Administrative or technical information associated
26    with automated data processing operations, including, but

 

 

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1    not limited to, software, operating protocols, computer
2    program abstracts, file layouts, source listings, object
3    modules, load modules, user guides, documentation
4    pertaining to all logical and physical design of
5    computerized systems, employee manuals, and any other
6    information that, if disclosed, would jeopardize the
7    security of the system or its data or the security of
8    materials exempt under this Section.
9        (p) Records relating to collective negotiating matters
10    between public bodies and their employees or
11    representatives, except that any final contract or
12    agreement shall be subject to inspection and copying.
13        (q) Test questions, scoring keys, and other
14    examination data used to determine the qualifications of
15    an applicant for a license or employment.
16        (r) The records, documents, and information relating
17    to real estate purchase negotiations until those
18    negotiations have been completed or otherwise terminated.
19    With regard to a parcel involved in a pending or actually
20    and reasonably contemplated eminent domain proceeding
21    under the Eminent Domain Act, records, documents, and
22    information relating to that parcel shall be exempt except
23    as may be allowed under discovery rules adopted by the
24    Illinois Supreme Court. The records, documents, and
25    information relating to a real estate sale shall be exempt
26    until a sale is consummated.

 

 

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1        (s) Any and all proprietary information and records
2    related to the operation of an intergovernmental risk
3    management association or self-insurance pool or jointly
4    self-administered health and accident cooperative or pool.
5    Insurance or self-insurance self insurance (including any
6    intergovernmental risk management association or
7    self-insurance self insurance pool) claims, loss or risk
8    management information, records, data, advice, or
9    communications.
10        (t) Information contained in or related to
11    examination, operating, or condition reports prepared by,
12    on behalf of, or for the use of a public body responsible
13    for the regulation or supervision of financial
14    institutions, insurance companies, or pharmacy benefit
15    managers, unless disclosure is otherwise required by State
16    law.
17        (u) Information that would disclose or might lead to
18    the disclosure of secret or confidential information,
19    codes, algorithms, programs, or private keys intended to
20    be used to create electronic signatures under the Uniform
21    Electronic Transactions Act.
22        (v) Vulnerability assessments, security measures, and
23    response policies or plans that are designed to identify,
24    prevent, or respond to potential attacks upon a
25    community's population or systems, facilities, or
26    installations, but only to the extent that disclosure

 

 

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1    could reasonably be expected to expose the vulnerability
2    or jeopardize the effectiveness of the measures, policies,
3    or plans, or the safety of the personnel who implement
4    them or the public. Information exempt under this item may
5    include such things as details pertaining to the
6    mobilization or deployment of personnel or equipment, to
7    the operation of communication systems or protocols, to
8    cybersecurity vulnerabilities, or to tactical operations.
9        (w) (Blank).
10        (x) Maps and other records regarding the location or
11    security of generation, transmission, distribution,
12    storage, gathering, treatment, or switching facilities
13    owned by a utility, by a power generator, or by the
14    Illinois Power Agency.
15        (y) Information contained in or related to proposals,
16    bids, or negotiations related to electric power
17    procurement under Section 1-75 of the Illinois Power
18    Agency Act and Section 16-111.5 of the Public Utilities
19    Act that is determined to be confidential and proprietary
20    by the Illinois Power Agency or by the Illinois Commerce
21    Commission.
22        (z) Information about students exempted from
23    disclosure under Section Sections 10-20.38 or 34-18.29 of
24    the School Code, and information about undergraduate
25    students enrolled at an institution of higher education
26    exempted from disclosure under Section 25 of the Illinois

 

 

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1    Credit Card Marketing Act of 2009.
2        (aa) Information the disclosure of which is exempted
3    under the Viatical Settlements Act of 2009.
4        (bb) Records and information provided to a mortality
5    review team and records maintained by a mortality review
6    team appointed under the Department of Juvenile Justice
7    Mortality Review Team Act.
8        (cc) Information regarding interments, entombments, or
9    inurnments of human remains that are submitted to the
10    Cemetery Oversight Database under the Cemetery Care Act or
11    the Cemetery Oversight Act, whichever is applicable.
12        (dd) Correspondence and records (i) that may not be
13    disclosed under Section 11-9 of the Illinois Public Aid
14    Code or (ii) that pertain to appeals under Section 11-8 of
15    the Illinois Public Aid Code.
16        (ee) The names, addresses, or other personal
17    information of persons who are minors and are also
18    participants and registrants in programs of park
19    districts, forest preserve districts, conservation
20    districts, recreation agencies, and special recreation
21    associations.
22        (ff) The names, addresses, or other personal
23    information of participants and registrants in programs of
24    park districts, forest preserve districts, conservation
25    districts, recreation agencies, and special recreation
26    associations where such programs are targeted primarily to

 

 

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1    minors.
2        (gg) Confidential information described in Section
3    1-100 of the Illinois Independent Tax Tribunal Act of
4    2012.
5        (hh) The report submitted to the State Board of
6    Education by the School Security and Standards Task Force
7    under item (8) of subsection (d) of Section 2-3.160 of the
8    School Code and any information contained in that report.
9        (ii) Records requested by persons committed to or
10    detained by the Department of Human Services under the
11    Sexually Violent Persons Commitment Act or committed to
12    the Department of Corrections under the Sexually Dangerous
13    Persons Act if those materials: (i) are available in the
14    library of the facility where the individual is confined;
15    (ii) include records from staff members' personnel files,
16    staff rosters, or other staffing assignment information;
17    or (iii) are available through an administrative request
18    to the Department of Human Services or the Department of
19    Corrections.
20        (jj) Confidential information described in Section
21    5-535 of the Civil Administrative Code of Illinois.
22        (kk) The public body's credit card numbers, debit card
23    numbers, bank account numbers, Federal Employer
24    Identification Number, security code numbers, passwords,
25    and similar account information, the disclosure of which
26    could result in identity theft or impression or defrauding

 

 

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1    of a governmental entity or a person.
2        (ll) Records concerning the work of the threat
3    assessment team of a school district, including, but not
4    limited to, any threat assessment procedure under the
5    School Safety Drill Act and any information contained in
6    the procedure.
7        (mm) Information prohibited from being disclosed under
8    subsections (a) and (b) of Section 15 of the Student
9    Confidential Reporting Act.
10        (nn) (mm) Proprietary information submitted to the
11    Environmental Protection Agency under the Drug Take-Back
12    Act.
13        (oo) (mm) Records described in subsection (f) of
14    Section 3-5-1 of the Unified Code of Corrections.
15        (pp) Records reflecting or otherwise pertaining to
16    anything said or done by a returning resident (as that
17    term is defined in the Second Chance Public Health and
18    Safety Act) as part of, in anticipation of or as a
19    follow-up to that returning resident's participation in
20    the Second Chance State Program set forth in the Second
21    Chance Public Health and Safety Act or any other program
22    conducted by the Department of Returning Resident Affairs.
23    (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26    (2) A public record that is not in the possession of a

 

 

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1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7    (3) This Section does not authorize withholding of
8information or limit the availability of records to the
9public, except as stated in this Section or otherwise provided
10in this Act.
11(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
12101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
136-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
14eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
15102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1612-13-22.)
 
17    (Text of Section after amendment by P.A. 102-982)
18    Sec. 7. Exemptions.
19    (1) When a request is made to inspect or copy a public
20record that contains information that is exempt from
21disclosure under this Section, but also contains information
22that is not exempt from disclosure, the public body may elect
23to redact the information that is exempt. The public body
24shall make the remaining information available for inspection
25and copying. Subject to this requirement, the following shall

 

 

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1be exempt from inspection and copying:
2        (a) Information specifically prohibited from
3    disclosure by federal or State law or rules and
4    regulations implementing federal or State law.
5        (b) Private information, unless disclosure is required
6    by another provision of this Act, a State or federal law,
7    or a court order.
8        (b-5) Files, documents, and other data or databases
9    maintained by one or more law enforcement agencies and
10    specifically designed to provide information to one or
11    more law enforcement agencies regarding the physical or
12    mental status of one or more individual subjects.
13        (c) Personal information contained within public
14    records, the disclosure of which would constitute a
15    clearly unwarranted invasion of personal privacy, unless
16    the disclosure is consented to in writing by the
17    individual subjects of the information. "Unwarranted
18    invasion of personal privacy" means the disclosure of
19    information that is highly personal or objectionable to a
20    reasonable person and in which the subject's right to
21    privacy outweighs any legitimate public interest in
22    obtaining the information. The disclosure of information
23    that bears on the public duties of public employees and
24    officials shall not be considered an invasion of personal
25    privacy.
26        (d) Records in the possession of any public body

 

 

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1    created in the course of administrative enforcement
2    proceedings, and any law enforcement or correctional
3    agency for law enforcement purposes, but only to the
4    extent that disclosure would:
5            (i) interfere with pending or actually and
6        reasonably contemplated law enforcement proceedings
7        conducted by any law enforcement or correctional
8        agency that is the recipient of the request;
9            (ii) interfere with active administrative
10        enforcement proceedings conducted by the public body
11        that is the recipient of the request;
12            (iii) create a substantial likelihood that a
13        person will be deprived of a fair trial or an impartial
14        hearing;
15            (iv) unavoidably disclose the identity of a
16        confidential source, confidential information
17        furnished only by the confidential source, or persons
18        who file complaints with or provide information to
19        administrative, investigative, law enforcement, or
20        penal agencies; except that the identities of
21        witnesses to traffic crashes, traffic crash reports,
22        and rescue reports shall be provided by agencies of
23        local government, except when disclosure would
24        interfere with an active criminal investigation
25        conducted by the agency that is the recipient of the
26        request;

 

 

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1            (v) disclose unique or specialized investigative
2        techniques other than those generally used and known
3        or disclose internal documents of correctional
4        agencies related to detection, observation, or
5        investigation of incidents of crime or misconduct, and
6        disclosure would result in demonstrable harm to the
7        agency or public body that is the recipient of the
8        request;
9            (vi) endanger the life or physical safety of law
10        enforcement personnel or any other person; or
11            (vii) obstruct an ongoing criminal investigation
12        by the agency that is the recipient of the request.
13        (d-5) A law enforcement record created for law
14    enforcement purposes and contained in a shared electronic
15    record management system if the law enforcement agency
16    that is the recipient of the request did not create the
17    record, did not participate in or have a role in any of the
18    events which are the subject of the record, and only has
19    access to the record through the shared electronic record
20    management system.
21        (d-6) Records contained in the Officer Professional
22    Conduct Database under Section 9.2 of the Illinois Police
23    Training Act, except to the extent authorized under that
24    Section. This includes the documents supplied to the
25    Illinois Law Enforcement Training Standards Board from the
26    Illinois State Police and Illinois State Police Merit

 

 

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1    Board.
2        (e) Records that relate to or affect the security of
3    correctional institutions and detention facilities.
4        (e-5) Records requested by persons committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail if those
7    materials are available in the library of the correctional
8    institution or facility or jail where the inmate is
9    confined.
10        (e-6) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials include records from staff members' personnel
14    files, staff rosters, or other staffing assignment
15    information.
16        (e-7) Records requested by persons committed to the
17    Department of Corrections or Department of Human Services
18    Division of Mental Health if those materials are available
19    through an administrative request to the Department of
20    Corrections or Department of Human Services Division of
21    Mental Health.
22        (e-8) Records requested by a person committed to the
23    Department of Corrections, Department of Human Services
24    Division of Mental Health, or a county jail, the
25    disclosure of which would result in the risk of harm to any
26    person or the risk of an escape from a jail or correctional

 

 

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1    institution or facility.
2        (e-9) Records requested by a person in a county jail
3    or committed to the Department of Corrections or
4    Department of Human Services Division of Mental Health,
5    containing personal information pertaining to the person's
6    victim or the victim's family, including, but not limited
7    to, a victim's home address, home telephone number, work
8    or school address, work telephone number, social security
9    number, or any other identifying information, except as
10    may be relevant to a requester's current or potential case
11    or claim.
12        (e-10) Law enforcement records of other persons
13    requested by a person committed to the Department of
14    Corrections, Department of Human Services Division of
15    Mental Health, or a county jail, including, but not
16    limited to, arrest and booking records, mug shots, and
17    crime scene photographs, except as these records may be
18    relevant to the requester's current or potential case or
19    claim.
20        (f) Preliminary drafts, notes, recommendations,
21    memoranda, and other records in which opinions are
22    expressed, or policies or actions are formulated, except
23    that a specific record or relevant portion of a record
24    shall not be exempt when the record is publicly cited and
25    identified by the head of the public body. The exemption
26    provided in this paragraph (f) extends to all those

 

 

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1    records of officers and agencies of the General Assembly
2    that pertain to the preparation of legislative documents.
3        (g) Trade secrets and commercial or financial
4    information obtained from a person or business where the
5    trade secrets or commercial or financial information are
6    furnished under a claim that they are proprietary,
7    privileged, or confidential, and that disclosure of the
8    trade secrets or commercial or financial information would
9    cause competitive harm to the person or business, and only
10    insofar as the claim directly applies to the records
11    requested.
12        The information included under this exemption includes
13    all trade secrets and commercial or financial information
14    obtained by a public body, including a public pension
15    fund, from a private equity fund or a privately held
16    company within the investment portfolio of a private
17    equity fund as a result of either investing or evaluating
18    a potential investment of public funds in a private equity
19    fund. The exemption contained in this item does not apply
20    to the aggregate financial performance information of a
21    private equity fund, nor to the identity of the fund's
22    managers or general partners. The exemption contained in
23    this item does not apply to the identity of a privately
24    held company within the investment portfolio of a private
25    equity fund, unless the disclosure of the identity of a
26    privately held company may cause competitive harm.

 

 

SB0075- 54 -LRB103 04675 RLC 50239 b

1        Nothing contained in this paragraph (g) shall be
2    construed to prevent a person or business from consenting
3    to disclosure.
4        (h) Proposals and bids for any contract, grant, or
5    agreement, including information which if it were
6    disclosed would frustrate procurement or give an advantage
7    to any person proposing to enter into a contractor
8    agreement with the body, until an award or final selection
9    is made. Information prepared by or for the body in
10    preparation of a bid solicitation shall be exempt until an
11    award or final selection is made.
12        (i) Valuable formulae, computer geographic systems,
13    designs, drawings, and research data obtained or produced
14    by any public body when disclosure could reasonably be
15    expected to produce private gain or public loss. The
16    exemption for "computer geographic systems" provided in
17    this paragraph (i) does not extend to requests made by
18    news media as defined in Section 2 of this Act when the
19    requested information is not otherwise exempt and the only
20    purpose of the request is to access and disseminate
21    information regarding the health, safety, welfare, or
22    legal rights of the general public.
23        (j) The following information pertaining to
24    educational matters:
25            (i) test questions, scoring keys, and other
26        examination data used to administer an academic

 

 

SB0075- 55 -LRB103 04675 RLC 50239 b

1        examination;
2            (ii) information received by a primary or
3        secondary school, college, or university under its
4        procedures for the evaluation of faculty members by
5        their academic peers;
6            (iii) information concerning a school or
7        university's adjudication of student disciplinary
8        cases, but only to the extent that disclosure would
9        unavoidably reveal the identity of the student; and
10            (iv) course materials or research materials used
11        by faculty members.
12        (k) Architects' plans, engineers' technical
13    submissions, and other construction related technical
14    documents for projects not constructed or developed in
15    whole or in part with public funds and the same for
16    projects constructed or developed with public funds,
17    including, but not limited to, power generating and
18    distribution stations and other transmission and
19    distribution facilities, water treatment facilities,
20    airport facilities, sport stadiums, convention centers,
21    and all government owned, operated, or occupied buildings,
22    but only to the extent that disclosure would compromise
23    security.
24        (l) Minutes of meetings of public bodies closed to the
25    public as provided in the Open Meetings Act until the
26    public body makes the minutes available to the public

 

 

SB0075- 56 -LRB103 04675 RLC 50239 b

1    under Section 2.06 of the Open Meetings Act.
2        (m) Communications between a public body and an
3    attorney or auditor representing the public body that
4    would not be subject to discovery in litigation, and
5    materials prepared or compiled by or for a public body in
6    anticipation of a criminal, civil, or administrative
7    proceeding upon the request of an attorney advising the
8    public body, and materials prepared or compiled with
9    respect to internal audits of public bodies.
10        (n) Records relating to a public body's adjudication
11    of employee grievances or disciplinary cases; however,
12    this exemption shall not extend to the final outcome of
13    cases in which discipline is imposed.
14        (o) Administrative or technical information associated
15    with automated data processing operations, including, but
16    not limited to, software, operating protocols, computer
17    program abstracts, file layouts, source listings, object
18    modules, load modules, user guides, documentation
19    pertaining to all logical and physical design of
20    computerized systems, employee manuals, and any other
21    information that, if disclosed, would jeopardize the
22    security of the system or its data or the security of
23    materials exempt under this Section.
24        (p) Records relating to collective negotiating matters
25    between public bodies and their employees or
26    representatives, except that any final contract or

 

 

SB0075- 57 -LRB103 04675 RLC 50239 b

1    agreement shall be subject to inspection and copying.
2        (q) Test questions, scoring keys, and other
3    examination data used to determine the qualifications of
4    an applicant for a license or employment.
5        (r) The records, documents, and information relating
6    to real estate purchase negotiations until those
7    negotiations have been completed or otherwise terminated.
8    With regard to a parcel involved in a pending or actually
9    and reasonably contemplated eminent domain proceeding
10    under the Eminent Domain Act, records, documents, and
11    information relating to that parcel shall be exempt except
12    as may be allowed under discovery rules adopted by the
13    Illinois Supreme Court. The records, documents, and
14    information relating to a real estate sale shall be exempt
15    until a sale is consummated.
16        (s) Any and all proprietary information and records
17    related to the operation of an intergovernmental risk
18    management association or self-insurance pool or jointly
19    self-administered health and accident cooperative or pool.
20    Insurance or self-insurance self insurance (including any
21    intergovernmental risk management association or
22    self-insurance self insurance pool) claims, loss or risk
23    management information, records, data, advice, or
24    communications.
25        (t) Information contained in or related to
26    examination, operating, or condition reports prepared by,

 

 

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1    on behalf of, or for the use of a public body responsible
2    for the regulation or supervision of financial
3    institutions, insurance companies, or pharmacy benefit
4    managers, unless disclosure is otherwise required by State
5    law.
6        (u) Information that would disclose or might lead to
7    the disclosure of secret or confidential information,
8    codes, algorithms, programs, or private keys intended to
9    be used to create electronic signatures under the Uniform
10    Electronic Transactions Act.
11        (v) Vulnerability assessments, security measures, and
12    response policies or plans that are designed to identify,
13    prevent, or respond to potential attacks upon a
14    community's population or systems, facilities, or
15    installations, but only to the extent that disclosure
16    could reasonably be expected to expose the vulnerability
17    or jeopardize the effectiveness of the measures, policies,
18    or plans, or the safety of the personnel who implement
19    them or the public. Information exempt under this item may
20    include such things as details pertaining to the
21    mobilization or deployment of personnel or equipment, to
22    the operation of communication systems or protocols, to
23    cybersecurity vulnerabilities, or to tactical operations.
24        (w) (Blank).
25        (x) Maps and other records regarding the location or
26    security of generation, transmission, distribution,

 

 

SB0075- 59 -LRB103 04675 RLC 50239 b

1    storage, gathering, treatment, or switching facilities
2    owned by a utility, by a power generator, or by the
3    Illinois Power Agency.
4        (y) Information contained in or related to proposals,
5    bids, or negotiations related to electric power
6    procurement under Section 1-75 of the Illinois Power
7    Agency Act and Section 16-111.5 of the Public Utilities
8    Act that is determined to be confidential and proprietary
9    by the Illinois Power Agency or by the Illinois Commerce
10    Commission.
11        (z) Information about students exempted from
12    disclosure under Section Sections 10-20.38 or 34-18.29 of
13    the School Code, and information about undergraduate
14    students enrolled at an institution of higher education
15    exempted from disclosure under Section 25 of the Illinois
16    Credit Card Marketing Act of 2009.
17        (aa) Information the disclosure of which is exempted
18    under the Viatical Settlements Act of 2009.
19        (bb) Records and information provided to a mortality
20    review team and records maintained by a mortality review
21    team appointed under the Department of Juvenile Justice
22    Mortality Review Team Act.
23        (cc) Information regarding interments, entombments, or
24    inurnments of human remains that are submitted to the
25    Cemetery Oversight Database under the Cemetery Care Act or
26    the Cemetery Oversight Act, whichever is applicable.

 

 

SB0075- 60 -LRB103 04675 RLC 50239 b

1        (dd) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Illinois Public Aid
3    Code or (ii) that pertain to appeals under Section 11-8 of
4    the Illinois Public Aid Code.
5        (ee) The names, addresses, or other personal
6    information of persons who are minors and are also
7    participants and registrants in programs of park
8    districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations.
11        (ff) The names, addresses, or other personal
12    information of participants and registrants in programs of
13    park districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations where such programs are targeted primarily to
16    minors.
17        (gg) Confidential information described in Section
18    1-100 of the Illinois Independent Tax Tribunal Act of
19    2012.
20        (hh) The report submitted to the State Board of
21    Education by the School Security and Standards Task Force
22    under item (8) of subsection (d) of Section 2-3.160 of the
23    School Code and any information contained in that report.
24        (ii) Records requested by persons committed to or
25    detained by the Department of Human Services under the
26    Sexually Violent Persons Commitment Act or committed to

 

 

SB0075- 61 -LRB103 04675 RLC 50239 b

1    the Department of Corrections under the Sexually Dangerous
2    Persons Act if those materials: (i) are available in the
3    library of the facility where the individual is confined;
4    (ii) include records from staff members' personnel files,
5    staff rosters, or other staffing assignment information;
6    or (iii) are available through an administrative request
7    to the Department of Human Services or the Department of
8    Corrections.
9        (jj) Confidential information described in Section
10    5-535 of the Civil Administrative Code of Illinois.
11        (kk) The public body's credit card numbers, debit card
12    numbers, bank account numbers, Federal Employer
13    Identification Number, security code numbers, passwords,
14    and similar account information, the disclosure of which
15    could result in identity theft or impression or defrauding
16    of a governmental entity or a person.
17        (ll) Records concerning the work of the threat
18    assessment team of a school district, including, but not
19    limited to, any threat assessment procedure under the
20    School Safety Drill Act and any information contained in
21    the procedure.
22        (mm) Information prohibited from being disclosed under
23    subsections (a) and (b) of Section 15 of the Student
24    Confidential Reporting Act.
25        (nn) (mm) Proprietary information submitted to the
26    Environmental Protection Agency under the Drug Take-Back

 

 

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1    Act.
2        (oo) (mm) Records described in subsection (f) of
3    Section 3-5-1 of the Unified Code of Corrections.
4        (pp) Records reflecting or otherwise pertaining to
5    anything said or done by a returning resident (as that
6    term is defined in the Second Chance Public Health and
7    Safety Act) as part of, in anticipation of or as a
8    follow-up to that returning resident's participation in
9    the Second Chance State Program set forth in the Second
10    Chance Public Health and Safety Act or any other program
11    conducted by the Department of Returning Resident Affairs.
12    (1.5) Any information exempt from disclosure under the
13Judicial Privacy Act shall be redacted from public records
14prior to disclosure under this Act.
15    (2) A public record that is not in the possession of a
16public body but is in the possession of a party with whom the
17agency has contracted to perform a governmental function on
18behalf of the public body, and that directly relates to the
19governmental function and is not otherwise exempt under this
20Act, shall be considered a public record of the public body,
21for purposes of this Act.
22    (3) This Section does not authorize withholding of
23information or limit the availability of records to the
24public, except as stated in this Section or otherwise provided
25in this Act.
26(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

 

 

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1101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
26-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
3eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
4102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
56-10-22; revised 12-13-22.)
 
6    Section 910. The Civil Administrative Code of Illinois is
7amended by changing Sections 5-15 and 5-20 and by adding
8Sections 5-172, 5-240, and 5-402 as follows:
 
9    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
10    Sec. 5-15. Departments of State government. The
11Departments of State government are created as follows:
12    The Department on Aging.
13    The Department of Agriculture.
14    The Department of Central Management Services.
15    The Department of Children and Family Services.
16    The Department of Commerce and Economic Opportunity.
17    The Department of Corrections.
18    The Department of Employment Security.
19    The Illinois Emergency Management Agency.
20    The Department of Financial and Professional Regulation.
21    The Department of Healthcare and Family Services.
22    The Department of Human Rights.
23    The Department of Human Services.
24    The Department of Innovation and Technology.

 

 

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1    The Department of Insurance.
2    The Department of Juvenile Justice.
3    The Department of Labor.
4    The Department of the Lottery.
5    The Department of Natural Resources.
6    The Department of Public Health.
7    The Department of Returning Resident Affairs.
8    The Department of Revenue.
9    The Illinois State Police.
10    The Department of Transportation.
11    The Department of Veterans' Affairs.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
14    Sec. 5-20. Heads of departments. Each department shall
15have an officer as its head who shall be known as director or
16secretary and who shall, subject to the provisions of the
17Civil Administrative Code of Illinois, execute the powers and
18discharge the duties vested by law in his or her respective
19department.
20    The following officers are hereby created:
21    Director of Aging, for the Department on Aging.
22    Director of Agriculture, for the Department of
23Agriculture.
24    Director of Central Management Services, for the
25Department of Central Management Services.

 

 

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1    Director of Children and Family Services, for the
2Department of Children and Family Services.
3    Director of Commerce and Economic Opportunity, for the
4Department of Commerce and Economic Opportunity.
5    Director of Corrections, for the Department of
6Corrections.
7    Director of the Illinois Emergency Management Agency, for
8the Illinois Emergency Management Agency.
9    Director of Employment Security, for the Department of
10Employment Security.
11    Secretary of Financial and Professional Regulation, for
12the Department of Financial and Professional Regulation.
13    Director of Healthcare and Family Services, for the
14Department of Healthcare and Family Services.
15    Director of Human Rights, for the Department of Human
16Rights.
17    Secretary of Human Services, for the Department of Human
18Services.
19    Secretary of Innovation and Technology, for the Department
20of Innovation and Technology.
21    Director of Insurance, for the Department of Insurance.
22    Director of Juvenile Justice, for the Department of
23Juvenile Justice.
24    Director of Labor, for the Department of Labor.
25    Director of the Lottery, for the Department of the
26Lottery.

 

 

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1    Director of Natural Resources, for the Department of
2Natural Resources.
3    Director of Public Health, for the Department of Public
4Health.
5    Director of Returning Resident Affairs, for the Department
6of Returning Resident Affairs.
7    Director of Revenue, for the Department of Revenue.
8    Director of the Illinois State Police, for the Illinois
9State Police.
10    Secretary of Transportation, for the Department of
11Transportation.
12    Director of Veterans' Affairs, for the Department of
13Veterans' Affairs.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (20 ILCS 5/5-172 new)
16    Sec. 5-172. In the Department of Returning Resident
17Affairs. Assistant Director of Returning Resident Affairs and
18General Counsel of the Department of Returning Resident
19Affairs.
 
20    (20 ILCS 5/5-240 new)
21    Sec. 5-240. In the Department of Returning Resident
22Affairs.
23    (a) The Director of Returning Resident Affairs:
24        (1) shall have experience working with or for a

 

 

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1    community-based organization, as that term is defined in
2    the Second Chance Public Health and Safety Act and such
3    other expertise and qualifications as are deemed necessary
4    by the Governor for that individual to perform the duties
5    of that office; and
6        (2) shall have been incarcerated in an Illinois
7    Department of Corrections facility for not less than one
8    year.
9    (b) The Assistant Director of Returning Resident Affairs
10and General Counsel of the Department of Returning Resident
11Affairs shall each be licensed to practice law in the State of
12Illinois and have such other expertise and qualifications as
13are deemed necessary by the Governor for that individual to
14perform the duties of that office.
 
15    (20 ILCS 5/5-402 new)
16    Sec. 5-402. In the Department of Returning Resident
17Affairs. The Director of Returning Resident Affairs, Assistant
18Director of Returning Resident Affairs, and General Counsel of
19the Department of Returning Resident Affairs shall each
20receive an annual salary as set by law.
 
21    Section 915. The Unified Code of Corrections is amended by
22changing Section 3-14-3 as follows:
 
23    (730 ILCS 5/3-14-3)  (from Ch. 38, par. 1003-14-3)

 

 

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1    Sec. 3-14-3. Parole services. To assist parolees or
2releasees, the Department shall provide them with information
3about and an opportunity to consent for referral to the Second
4Chance State Program. The Department shall provide parolees or
5releasees who do not consent to referral to the Second Chance
6State Program with employment counseling and job placement
7services, and may in addition to other services provide the
8following:
9        (1) assistance in residential placement;
10        (2) family and individual counseling and treatment
11    placement;
12        (3) financial counseling;
13        (4) vocational and educational counseling and
14    placement; and
15        (5) referral services to any other State or local
16    agencies. The Department shall make information about the
17    availability of these services known to a parolee or
18    releasee prior to his or her release from the correctional
19    facility where the parolee or releasee has been residing.
20    The Department may purchase necessary services for a
21    parolee or releasee if they are otherwise unavailable and
22    the parolee or releasee is unable to pay for them. It may
23    assess all or part of the costs of such services to a
24    parolee or releasee in accordance with his ability to pay
25    for them.
26(Source: P.A. 102-478, eff. 8-20-21.)
 

 

 

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1    Section 997. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 998. No acceleration or delay. Where this Act
4makes changes in a statute that is represented in this Act by
5text that is not yet or no longer in effect (for example, a
6Section represented by multiple versions), the use of that
7text does not accelerate or delay the taking effect of (i) the
8changes made by this Act or (ii) provisions derived from any
9other Public Act.
 
10    Section 999. Effective date. This Act takes effect upon
11becoming law.