2005 Illinois 730 ILCS 5/ Unified Code of Corrections. Article 5 - Records and Reports
(730 ILCS 5/Ch. III Art. 5 heading)
ARTICLE 5.
RECORDS AND REPORTS
(730 ILCS 5/3‑5‑1) (from Ch. 38, par. 1003‑5‑1)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑5‑1.
Master Record File.
(a) The Department shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(2) reception summary;
(3) evaluation and assignment reports and
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(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
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(6) any parole plan;
(7) any parole reports;
(8) the date and circumstances of final discharge;
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and any other pertinent data concerning the person's background, conduct, associations and family relationships as may be required by the Department. A current summary index shall be maintained on each file which shall include the person's known active and past gang affiliations and ranks.
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(b) All files shall be confidential and access shall be
limited to authorized personnel of the Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the Department. The Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Juvenile Division any such information
which in the opinion of the Department or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
Department.
(d) The master file of a person no longer in the custody
of the Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the Department.
(Source: P.A. 89‑688, eff. 6‑1‑97; 89‑689, eff. 12‑31‑96.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑5‑1. Master Record File.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(2) reception summary;
(3) evaluation and assignment reports and
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(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
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(6) any parole plan;
(7) any parole reports;
(8) the date and circumstances of final discharge;
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and any other pertinent data concerning the person's background, conduct, associations and family relationships as may be required by the respective Department. A current summary index shall be maintained on each file which shall include the person's known active and past gang affiliations and ranks.
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(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
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(730 ILCS 5/3‑5‑2) (from Ch. 38, par. 1003‑5‑2)
Sec. 3‑5‑2.
Institutional Record.
The Department shall maintain records of the examination, assignment,
transfer, discipline of committed persons and what grievances, if any, are
made in each of its institutions, facilities and programs. The record shall
contain the name of the persons involved, the time, date, place and purpose
of the procedure, the decision and basis therefor, and any review of the
decision made.
(Source: P. A. 77‑2097.)
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(730 ILCS 5/3‑5‑3) (from Ch. 38, par. 1003‑5‑3)
Sec. 3‑5‑3.
Annual and other Reports.
(a) The Director shall make an annual report to the Governor under
Section 5‑650 of the Departments of State Government Law (20 ILCS
5/5‑650), concerning the
state and condition of all persons committed to the Department, its
institutions, facilities and programs, of all moneys expended and received,
and on what accounts expended and received. The report may also include an
abstract of all reports made to the Department by individual institutions,
facilities or programs during the preceding year.
(b) The Director shall make an annual report to the Governor and to the
State Legislature on any inadequacies in the institutions, facilities or
programs of the Department and also such amendments to the laws of the
State which in his judgment are necessary in order to best advance the
purposes of this Code.
(c) The Director may require such reports from division administrators,
chief administrative officers and other personnel as he deems necessary for
the administration of the Department.
(d) The Department of Corrections shall, by January 1, 1990,
January 1, 1991, and every 2
years thereafter, transmit to the Governor and the General Assembly a 5 year
long range planning document for adult female offenders under the
Department's supervision. The document shall detail how the Department
plans to meet the housing, educational/training, Correctional Industries
and programming needs of the escalating adult female offender population.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(730 ILCS 5/3‑5‑3.1) (from Ch. 38, par. 1003‑5‑3.1)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑5‑3.1.
As used in this Section, "facility" includes any
facility of the Adult Division and any facility of the Juvenile Division of
the Department of Corrections.
The Department of Corrections shall, by
January 1st, April
1st, July 1st, and October 1st of each year, transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending fifteen days prior to the submission of the report: 1) the number
of residents in all Department facilities indicating the number of
residents in each listed facility; 2) a classification of each facility's
residents by the nature of the offense for which each resident was
committed to the Department; 3) the number of residents in maximum, medium,
and minimum security facilities indicating the classification of each
facility's residents by the nature of the offense for which each resident
was committed to the Department; 4) the educational and vocational programs
provided at each facility and the number of residents participating in each
such program; 5) the present capacity levels in each facility; 6) the
projected capacity of each facility six months and one year following each
reporting date; 7) the ratio of the security guards to residents in each
facility; 8) the ratio of total employees to residents in each facility; 9)
the number of residents in each facility that are single‑celled and the
number in each facility that are double‑celled; 10) information indicating
the distribution of residents in each facility by the allocated floor space
per resident; 11) a status of all capital projects currently funded by the
Department, location of each capital project, the projected on‑line dates
for each capital project, including phase‑in dates and full occupancy
dates; 12) the projected adult prison and Juvenile Division facility
populations for each of the succeeding
twelve months following each reporting date, indicating all assumptions
built into such population estimates; 13) the projected exits and projected
admissions in each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions built into such
population estimate; and 14) the locations of all Department‑operated or
contractually operated community correctional centers, including the
present capacity and population levels at each facility.
(Source: P.A. 85‑252.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑5‑3.1. As used in this Section, "facility" includes any
facility of the Adult Division of
the Department of Corrections and any facility of the Department of Juvenile Justice.
The Department of Corrections and the Department of Juvenile Justice shall each, by
January 1st, April
1st, July 1st, and October 1st of each year, transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending fifteen days prior to the submission of the report: 1) the number
of residents in all Department facilities indicating the number of
residents in each listed facility; 2) a classification of each facility's
residents by the nature of the offense for which each resident was
committed to the Department; 3) the number of residents in maximum, medium,
and minimum security facilities indicating the classification of each
facility's residents by the nature of the offense for which each resident
was committed to the Department; 4) the educational and vocational programs
provided at each facility and the number of residents participating in each
such program; 5) the present capacity levels in each facility; 6) the
projected capacity of each facility six months and one year following each
reporting date; 7) the ratio of the security guards to residents in each
facility; 8) the ratio of total employees to residents in each facility; 9)
the number of residents in each facility that are single‑celled and the
number in each facility that are double‑celled; 10) information indicating
the distribution of residents in each facility by the allocated floor space
per resident; 11) a status of all capital projects currently funded by the
Department, location of each capital project, the projected on‑line dates
for each capital project, including phase‑in dates and full occupancy
dates; 12) the projected adult prison facility
populations in respect to the Department of Corrections and the projected juvenile facility population with respect to the Department of Juvenile Justice for each of the succeeding
twelve months following each reporting date, indicating all assumptions
built into such population estimates; 13) the projected exits and projected
admissions in each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions built into such
population estimate; and 14) the locations of all Department‑operated or
contractually operated community correctional centers, including the
present capacity and population levels at each facility.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
(730 ILCS 5/3‑5‑4)
Sec. 3‑5‑4.
Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois
Department of Public Aid information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non‑Support of
Spouse and Children Act, the Non‑Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department shall not be liable
to any person for any disclosure of information to the
Illinois Department of Public Aid under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 90‑18, eff. 1‑1‑97; 91‑613, eff. 10‑1‑99.)
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