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)
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; |
| 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. | |
(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.) |
(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.) |
(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.) |
(730 ILCS 5/3‑5‑3.1) (from Ch. 38, par. 1003‑5‑3.1)
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 Department of Healthcare and Family Services 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 Department of Healthcare and Family Services (formerly 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. 95‑331, eff. 8‑21‑07.)