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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4590 Introduced , by Rep. William Cunningham SYNOPSIS AS INTRODUCED:
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730 ILCS 5/3-5-1 | from Ch. 38, par. 1003-5-1 |
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Amends the Unified Code of Corrections. Includes in the committed person's master record file: (1) disciplinary infraction tickets and Administrative Review Board action; (2) criminal history;
(3) current and past gang affiliations and ranks;
(4) information regarding associations and family relationships;
(5) any grievances filed and responses to those grievances; and
(6) other information that the Department of Corrections or Department of Juvenile Justice determines is relevant to the secure confinement and rehabilitation of the committed person.
Effective immediately.
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| | A BILL FOR |
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| | HB4590 | | LRB097 16885 RLC 62072 b |
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| 1 | | AN ACT concerning corrections.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-5-1 as follows:
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| 6 | | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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| 7 | | Sec. 3-5-1. Master Record File.
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| 8 | | (a) The Department of Corrections and the Department of |
| 9 | | Juvenile Justice shall
maintain a master record file on each |
| 10 | | person committed to it,
which shall contain the following |
| 11 | | information:
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| 12 | | (1) all information from the committing court;
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| 13 | | (2) reception summary;
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| 14 | | (3) evaluation and assignment reports and |
| 15 | | recommendations;
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| 16 | | (4) reports as to program assignment and progress;
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| 17 | | (5) reports of disciplinary infractions and |
| 18 | | disposition, including tickets and Administrative Review |
| 19 | | Board action;
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| 20 | | (6) any parole plan;
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| 21 | | (7) any parole reports;
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| 22 | | (8) the date and circumstances of final discharge; |
| 23 | | (9) criminal history; |
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| | HB4590 | - 2 - | LRB097 16885 RLC 62072 b |
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| 1 | | (10) current and past gang affiliations and ranks; |
| 2 | | (11) information regarding associations and family |
| 3 | | relationships; |
| 4 | | (12) any grievances filed and responses to those |
| 5 | | grievances; and |
| 6 | | (13) other information that the respective Department |
| 7 | | determines is relevant to the secure confinement and |
| 8 | | rehabilitation of the committed person and any
other |
| 9 | | pertinent data concerning the person's background,
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| 10 | | conduct, associations and family relationships as may be
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| 11 | | required by the respective Department. A current summary |
| 12 | | index shall be
maintained on each file which shall include |
| 13 | | the person's known active and
past
gang affiliations and |
| 14 | | ranks.
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| 15 | | (b) All files shall be confidential and access shall be
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| 16 | | limited to authorized personnel of the respective Department.
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| 17 | | Personnel of other correctional, welfare or law enforcement
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| 18 | | agencies may have access to files under rules and regulations
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| 19 | | of the respective Department. The respective Department shall |
| 20 | | keep a record of all
outside personnel who have access to |
| 21 | | files, the files reviewed,
any file material copied, and the |
| 22 | | purpose of access. If the
respective Department or the Prisoner |
| 23 | | Review Board makes a determination
under this Code which |
| 24 | | affects the length of the period of
confinement or commitment, |
| 25 | | the committed person and his counsel
shall be advised of |
| 26 | | factual information relied upon by the
respective Department or |
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| | HB4590 | - 3 - | LRB097 16885 RLC 62072 b |
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| 1 | | Board to make the determination, provided that
the Department |
| 2 | | or Board shall not be required to advise a
person committed to |
| 3 | | the Department of Juvenile Justice any such information
which |
| 4 | | in the opinion of the Department of Juvenile Justice or Board |
| 5 | | would be
detrimental to his treatment or rehabilitation.
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| 6 | | (c) The master file shall be maintained at a place
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| 7 | | convenient to its use by personnel of the respective Department |
| 8 | | in
charge of the person. When custody of a person is |
| 9 | | transferred
from the Department to another department or |
| 10 | | agency, a
summary of the file shall be forwarded to the |
| 11 | | receiving
agency with such other information required by law or
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| 12 | | requested by the agency under rules and regulations of the
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| 13 | | respective Department.
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| 14 | | (d) The master file of a person no longer in the custody
of |
| 15 | | the respective Department shall be placed on inactive status |
| 16 | | and its
use shall be restricted subject to rules and |
| 17 | | regulations of
the Department.
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| 18 | | (e) All public agencies may make available to the
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| 19 | | respective Department on request any factual data not otherwise
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| 20 | | privileged as a matter of law in their possession in respect
to |
| 21 | | individuals committed to the respective Department.
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| 22 | | (Source: P.A. 94-696, eff. 6-1-06.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.
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