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92_HB1923eng
HB1923 Engrossed LRB9206325RCcd
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 10. The Unified Code of Corrections is amended
5 by changing Section 3-5-1 as follows:
6 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
7 Sec. 3-5-1. Master Record File.
8 (a) The Department shall maintain a master record file
9 on each person committed to it, which shall contain the
10 following information:
11 (1) all information from the committing court;
12 (2) reception summary;
13 (3) evaluation and assignment reports and
14 recommendations;
15 (4) reports as to program assignment and progress;
16 (5) reports of disciplinary infractions and
17 disposition;
18 (6) any parole plan;
19 (7) any parole reports;
20 (8) the date and circumstances of final discharge;
21 and any other pertinent data concerning the person's
22 background, conduct, associations and family
23 relationships as may be required by the Department. A
24 current summary index shall be maintained on each file
25 which shall include the person's known active and past
26 gang affiliations and ranks; and.
27 (9) a photograph of the person for identification
28 purposes that the Department must require to be taken
29 each year and at other times when the Department deems
30 that the person's appearance has dramatically changed.
31 (b) All files shall be confidential and access shall be
HB1923 Engrossed -2- LRB9206325RCcd
1 limited to authorized personnel of the Department. Personnel
2 of other correctional, welfare or law enforcement agencies
3 may have access to files under rules and regulations of the
4 Department. The Department shall keep a record of all outside
5 personnel who have access to files, the files reviewed, any
6 file material copied, and the purpose of access. If the
7 Department or the Prisoner Review Board makes a determination
8 under this Code which affects the length of the period of
9 confinement or commitment, the committed person and his
10 counsel shall be advised of factual information relied upon
11 by the Department or Board to make the determination,
12 provided that the Department or Board shall not be required
13 to advise a person committed to the Juvenile Division any
14 such information which in the opinion of the Department or
15 Board would be detrimental to his treatment or
16 rehabilitation.
17 (c) The master file shall be maintained at a place
18 convenient to its use by personnel of the Department in
19 charge of the person. When custody of a person is transferred
20 from the Department to another department or agency, a
21 summary of the file shall be forwarded to the receiving
22 agency with such other information required by law or
23 requested by the agency under rules and regulations of the
24 Department.
25 (d) The master file of a person no longer in the custody
26 of the Department shall be placed on inactive status and its
27 use shall be restricted subject to rules and regulations of
28 the Department.
29 (e) All public agencies may make available to the
30 Department on request any factual data not otherwise
31 privileged as a matter of law in their possession in respect
32 to individuals committed to the Department.
33 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
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