Rep. Kelly M. Cassidy

Filed: 10/16/2013

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1 AMENDMENT TO SENATE BILL 1342

2 AMENDMENT NO. ______. Amend Senate Bill 1342 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the

5 Independent Juvenile Ombudsman Act.

6 Section 5. Purpose. The purpose of this Act is to create

7 the Office of Independent Juvenile Ombudsman as a state agency

8 established for the purpose of investigating complaints,

9 evaluating policies and procedures, and securing the rights of

10 youth committed to the Department of Juvenile Justice,

11 including youth released on aftercare before final discharge.

12 Section 10. Definitions. In this Act, unless the context

13 requires otherwise:

14 "Department" means the Department of Juvenile Justice.

15 "Director" means the Director of Juvenile Justice.

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1 "Employee" means (i) any person employed full-time,

2 part-time, or under a contract and whose employment duties are

3 subject to the direction and control of an employer with regard

4 to the material details of how the work is to be performed or

5 (ii) any appointed or elected commissioner, trustee, director,

6 or board member of a board of a State agency, including any

7 retirement system or investment board subject to the Illinois

8 Pension Code or (iii) any other appointee.

9 "Immediate family or household member" means the spouse,

10 child, parent, brother, sister, grandparent, or grandchild,

11 whether of the whole blood or half blood or by adoption, or a

12 person who shares a common dwelling.

13 "Juvenile justice system" means all activities by public or

14 private agencies or persons pertaining to youth involved in or

15 having contact with the police, courts, or corrections.

16 "Office" means the Office of the Independent Juvenile

17 Ombudsman.

18 "Ombudsman" means the Independent Juvenile Ombudsman.

19 "State agency" means that term as defined in the Illinois

20 State Auditing Act.

21 "Youth" means any person committed by court order to the

22 custody of the Department of Juvenile Justice, including youth

23 released on aftercare before final discharge.

24 Section 15. Appointment of Independent Juvenile Ombudsman.

25 The Governor shall appoint the Independent Juvenile Ombudsman

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1 with the advice and consent of the Senate for a term of 4

2 years, with the first term expiring February 1, 2017. A person

3 appointed as Ombudsman may be reappointed to one or more

4 subsequent terms. A vacancy shall occur upon resignation,

5 death, or removal. The Ombudsman may only be removed by the

6 Governor for incompetency, malfeasance, neglect of duty, or

7 conviction of a felony. If the Senate is not in session or is

8 in recess when an appointment subject to its confirmation is

9 made, the Governor shall make a temporary appointment which

10 shall be subject to subsequent Senate approval. The Ombudsman

11 may employ deputies to perform, under the direction of the

12 Ombudsman, the same duties and exercise the same powers as the

13 Ombudsman, and may employ other support staff as deemed

14 necessary. The Independent Juvenile Ombudsman and deputies

15 must:

16 (1) be over the age of 21 years;

17 (2) have a bachelor's or advanced degree from an

18 accredited college or university; and

19 (3) have relevant expertise in areas such as the

20 juvenile justice system, investigations, or civil rights

21 advocacy as evidenced by experience in the field or by

22 academic background.

23 Section 20. Conflicts of interest. A person may not serve

24 as Independent Juvenile Ombudsman or as a deputy if the person

25 or the person's immediate family or household member:

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1 (1) is or has been employed by the Department of Juvenile

2 Justice or Department of Corrections within one year prior to

3 appointment;

4 (2) participates in the management of a business entity or

5 other organization receiving funds from the Department of

6 Juvenile Justice;

7 (3) owns or controls, directly or indirectly, any interest

8 in a business entity or other organization receiving funds from

9 the Department of Juvenile Justice;

10 (4) uses or receives any amount of tangible goods,

11 services, or funds from the Department of Juvenile Justice; or

12 (5) is required to register as a lobbyist for an

13 organization that interacts with the juvenile justice system.

14 Section 25. Duties and powers.

15 (a) The Independent Juvenile Ombudsman in the performance

16 of his or her duties and exercise of his or her powers under

17 this Act operates independently of the Department of Juvenile

18 Justice and shall establish rules and standards as may be

19 necessary or desirable to carry out his or her duties. Funding

20 for the Office shall be appropriated separately from funding

21 for the Department. The Office may, with the approval of the

22 Office of the Governor, assign to and share functions, powers,

23 duties, and personnel with other State agencies so that

24 administrative services and administrative facilities are

25 provided by a shared administrative service center.

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1 (b) The Office of Independent Juvenile Ombudsman shall have

2 the following duties:

3 (1) review and monitor the implementation of the rules

4 and standards established by the Department of Juvenile

5 Justice and evaluate the delivery of services to youth to

6 ensure that the rights of youth are fully observed;

7 (2) provide assistance to a youth or family who the

8 Ombudsman determines is in need of assistance, including

9 advocating with an agency, provider, or other person in the

10 best interests of the youth;

11 (3) conduct investigations of complaints, and make

12 every effort to resolve the complaints, other than

13 complaints alleging criminal behavior, if the Office

14 determines that:

15 (A) a youth committed to the Department of Juvenile

16 Justice or the youth's family may be in need of

17 assistance from the Office; or

18 (B) a systemic issue in the Department of Juvenile

19 Justice's provision of services is raised by a

20 complaint;

21 (4) review or inspect periodically the facilities and

22 procedures of any facility in which a youth has been placed

23 by the Department of Juvenile Justice to ensure that the

24 rights of youth are fully observed; and

25 (5) be accessible to and meet confidentially and

26 regularly with youth committed to the Department and serve

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1 as a resource by informing them of pertinent laws,

2 regulations, and policies, and their rights thereunder.

3 (c) In performance of duties, the Office of the Independent

4 Juvenile Ombudsman may:

5 (1) review court files as provided in Section 5-901 of

6 the Juvenile Court Act of 1987;

7 (2) recommend policies, regulations, and legislation

8 designed to protect youth;

9 (3) make appropriate referrals under any of the duties

10 and powers listed in this Section;

11 (4) attend internal administrative and disciplinary

12 hearings to ensure the rights of youth are fully observed

13 and advocate for the best interest of youth when deemed

14 necessary; and

15 (5) perform other acts, otherwise permitted or

16 required by law, in furtherance of the purpose of this Act.

17 (d) To assess if a youth's rights have been violated, the

18 Ombudsman may, in any matter that does not involve alleged

19 criminal behavior, contact or consult with an administrator,

20 employee, youth, parent, expert, or any other individual in the

21 course of his or her investigation or to secure information as

22 necessary to fulfill his or her duties.

23 (e) Notwithstanding any other provision of law, the

24 Ombudsman may not investigate alleged criminal behavior. If the

25 Ombudsman determines that a possible criminal act has been

26 committed, or that special expertise is required in the

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1 investigation, he or she shall immediately notify the

2 Department of State Police. Any investigation conducted by the

3 Ombudsman shall be independent and separate from the

4 investigation mandated by the Abused and Neglected Child

5 Reporting Act and the State Officials and Employees Ethics Act.

6 All investigations conducted by the Ombudsman shall be

7 conducted in a manner designed to ensure the preservation of

8 evidence for possible use in a criminal prosecution.

9 (f) The following cases shall be reported immediately to

10 the Director of Juvenile Justice and the Governor:

11 (1) cases of severe abuse or injury of a youth;

12 (2) serious misconduct, misfeasance, malfeasance, or

13 serious violations of policies and procedures concerning

14 the administration of a Department of Juvenile Justice

15 program or operation;

16 (3) serious problems concerning the delivery of

17 services in a facility operated by or under contract with

18 the Department of Juvenile Justice;

19 (4) interference by the Department of Juvenile Justice

20 with an investigation conducted by the Office; and

21 (5) other cases as deemed necessary by the Ombudsman.

22 Section 30. Duties of the Department of Juvenile Justice.

23 (a) The Department of Juvenile Justice shall allow any

24 youth to communicate with the Ombudsman or a deputy at any

25 time. The communication:

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1 (1) may be in person, by phone, by mail, or by any

2 other means deemed appropriate in light of security

3 concerns; and

4 (2) is confidential and privileged.

5 (b) The Department shall allow the Ombudsman and deputies

6 full and unannounced access to youth and Department facilities

7 at any time. The Department shall furnish the Ombudsman and

8 deputies with appropriate meeting space in each facility in

9 order to preserve confidentiality.

10 (c) The Department shall allow the Ombudsman and deputies

11 to participate in professional development opportunities

12 provided by the Department of Juvenile Justice as practical and

13 to attend appropriate professional training when requested by

14 the Ombudsman.

15 (d) The Department shall provide the Ombudsman copies of

16 critical incident reports involving a youth residing in a

17 facility operated by the Department. Critical incidents

18 include, but are not limited to, severe injuries that result in

19 hospitalization, suicide attempts that require medical

20 intervention, sexual abuse, and escapes.

21 (e) The Department shall provide the Ombudsman with

22 reasonable advance notice of all internal administrative and

23 disciplinary hearings regarding a youth residing in a facility

24 operated by the Department.

25 Section 35. Reports. The Independent Juvenile Ombudsman

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1 shall provide to the General Assembly and the Governor, no

2 later than January 1 of each year, a summary of activities and

3 investigations made under this Act for the prior fiscal year.

4 The summaries shall contain data both aggregated and

5 disaggregated by individual facility and describe:

6 (1) the work of the Ombudsman;

7 (2) the status of any review or investigation undertaken by

8 the Ombudsman, including sanctions and final disposition of

9 those recommendations, as well as reviews or investigation of

10 services contracted by the Department of Juvenile Justice, but

11 may not contain any confidential or identifying information

12 concerning the subjects of the reports and investigations; and

13 (3) any recommendations that the Independent Juvenile

14 Ombudsman has in relation to administrative actions and any

15 other matters for consideration by the General Assembly.

16 Section 40. Complaints. The Office of Independent Juvenile

17 Ombudsman shall promptly and efficiently act on complaints

18 filed with the Office that relate to the operations or staff of

19 the Department of Juvenile Justice. The Office shall maintain

20 information about parties to the complaint, the subject matter

21 of the complaint, a summary of the results of the review or

22 investigation of the complaint, and the disposition of the

23 complaint. The Office shall make information available

24 describing its procedures for complaint investigation and

25 resolution. When applicable, the Office shall notify the

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1 complaining youth that an investigation and resolution may

2 result in or will require disclosure of the complaining youth's

3 identity. The Office shall periodically notify the complaint

4 parties of the status of the complaint until final disposition.

5 Section 45. Confidentiality. The records of the Office are

6 confidential, except that the Office shall disclose its records

7 if required by a court order on a showing of good cause. The

8 name, address, or other personally identifiable information of

9 a person who files a complaint with the Office, information

10 generated by the Office in the course of an investigation, and

11 confidential records obtained by the Office are confidential

12 and not subject to disclosure under the Freedom of Information

13 Act, except that the information and records, other than

14 confidential information and records concerning a pending law

15 enforcement investigation or criminal action, may be disclosed

16 to the appropriate person in accordance with the Freedom of

17 Information Act.

18 Section 50. Promotion and Awareness of Office. The

19 Independent Juvenile Ombudsman shall promote awareness among

20 the public and youth of:

21 (1) the rights of youth committed to the Department;

22 (2) purpose of the Office;

23 (3) how the Office may be contacted;

24 (4) the confidential nature of communications; and

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1 (5) the services the Office provides.

2 Section 55. Retaliation. The Department of Juvenile

3 Justice may not discharge, demote, discipline, or in any manner

4 discriminate or retaliate against a youth or an employee who in

5 good faith makes a complaint to the Independent Juvenile

6 Ombudsman or cooperates with the Office in an investigation.

7 Section 60. Access to information of governmental

8 entities.

9 (a) The Department of Juvenile Justice shall allow the

10 Independent Juvenile Ombudsman access to its records relating

11 to youth committed to the Department's care or custody under

12 Section 3-2-5 of the Unified Code of Corrections. Access to

13 educational, social, psychological, mental health, substance

14 abuse, and medical records shall not be disclosed except as

15 provided in Section 5-910 of the Juvenile Court Act of 1987,

16 the Mental Health and Developmental Disabilities

17 Confidentiality Act, the School Code, and any applicable

18 federal laws that govern access to those records.

19 (b) A local law enforcement agency shall allow the

20 Independent Juvenile Ombudsman access to its records relating

21 to youth committed to the Department's care or custody as

22 provided in Section 5-905 of the Juvenile Court Act of 1987,

23 the Mental Health and Developmental Disabilities

24 Confidentiality Act, and the School Code.

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1 Section 105. The Juvenile Court Act of 1987 is amended by

2 changing Sections 5-901 and 5-905 as follows:

3 (705 ILCS 405/5-901)

4 Sec. 5-901. Court file.

5 (1) The Court file with respect to proceedings under this

6 Article shall consist of the petitions, pleadings, victim

7 impact statements, process, service of process, orders, writs

8 and docket entries reflecting hearings held and judgments and

9 decrees entered by the court. The court file shall be kept

10 separate from other records of the court.

11 (a) The file, including information identifying the

12 victim or alleged victim of any sex offense, shall be

13 disclosed only to the following parties when necessary for

14 discharge of their official duties:

15 (i) A judge of the circuit court and members of the

16 staff of the court designated by the judge;

17 (ii) Parties to the proceedings and their

18 attorneys;

19 (iii) Victims and their attorneys, except in cases

20 of multiple victims of sex offenses in which case the

21 information identifying the nonrequesting victims

22 shall be redacted;

23 (iv) Probation officers, law enforcement officers

24 or prosecutors or their staff;

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1 (v) Adult and juvenile Prisoner Review Boards.

2 (b) The Court file redacted to remove any information

3 identifying the victim or alleged victim of any sex offense

4 shall be disclosed only to the following parties when

5 necessary for discharge of their official duties:

6 (i) Authorized military personnel;

7 (ii) Persons engaged in bona fide research, with

8 the permission of the judge of the juvenile court and

9 the chief executive of the agency that prepared the

10 particular recording: provided that publication of

11 such research results in no disclosure of a minor's

12 identity and protects the confidentiality of the

13 record;

14 (iii) The Secretary of State to whom the Clerk of

15 the Court shall report the disposition of all cases, as

16 required in Section 6-204 or Section 6-205.1 of the

17 Illinois Vehicle Code. However, information reported

18 relative to these offenses shall be privileged and

19 available only to the Secretary of State, courts, and

20 police officers;

21 (iv) The administrator of a bonafide substance

22 abuse student assistance program with the permission

23 of the presiding judge of the juvenile court;

24 (v) Any individual, or any public or private agency

25 or institution, having custody of the juvenile under

26 court order or providing educational, medical or

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1 mental health services to the juvenile or a

2 court-approved advocate for the juvenile or any

3 placement provider or potential placement provider as

4 determined by the court.

5 (3) A minor who is the victim or alleged victim in a

6 juvenile proceeding shall be provided the same confidentiality

7 regarding disclosure of identity as the minor who is the

8 subject of record. Information identifying victims and alleged

9 victims of sex offenses, shall not be disclosed or open to

10 public inspection under any circumstances. Nothing in this

11 Section shall prohibit the victim or alleged victim of any sex

12 offense from voluntarily disclosing his or her identity.

13 (4) Relevant information, reports and records shall be made

14 available to the Department of Juvenile Justiceand the Office

15 of the Independent Juvenile Ombudsman when a juvenile offender

16 has been placed in the custody of the Department of Juvenile

17 Justice.

18 (5) Except as otherwise provided in this subsection (5),

19 juvenile court records shall not be made available to the

20 general public but may be inspected by representatives of

21 agencies, associations and news media or other properly

22 interested persons by general or special order of the court.

23 The State's Attorney, the minor, his or her parents, guardian

24 and counsel shall at all times have the right to examine court

25 files and records.

26 (a) The court shall allow the general public to have

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1 access to the name, address, and offense of a minor who is

2 adjudicated a delinquent minor under this Act under either

3 of the following circumstances:

4 (i) The adjudication of delinquency was based upon

5 the minor's commission of first degree murder, attempt

6 to commit first degree murder, aggravated criminal

7 sexual assault, or criminal sexual assault; or

8 (ii) The court has made a finding that the minor

9 was at least 13 years of age at the time the act was

10 committed and the adjudication of delinquency was

11 based upon the minor's commission of: (A) an act in

12 furtherance of the commission of a felony as a member

13 of or on behalf of a criminal street gang, (B) an act

14 involving the use of a firearm in the commission of a

15 felony, (C) an act that would be a Class X felony

16 offense under or the minor's second or subsequent Class

17 2 or greater felony offense under the Cannabis Control

18 Act if committed by an adult, (D) an act that would be

19 a second or subsequent offense under Section 402 of the

20 Illinois Controlled Substances Act if committed by an

21 adult, (E) an act that would be an offense under

22 Section 401 of the Illinois Controlled Substances Act

23 if committed by an adult, or (F) an act that would be

24 an offense under the Methamphetamine Control and

25 Community Protection Act if committed by an adult.

26 (b) The court shall allow the general public to have

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1 access to the name, address, and offense of a minor who is

2 at least 13 years of age at the time the offense is

3 committed and who is convicted, in criminal proceedings

4 permitted or required under Section 5-805, under either of

5 the following circumstances:

6 (i) The minor has been convicted of first degree

7 murder, attempt to commit first degree murder,

8 aggravated criminal sexual assault, or criminal sexual

9 assault,

10 (ii) The court has made a finding that the minor

11 was at least 13 years of age at the time the offense

12 was committed and the conviction was based upon the

13 minor's commission of: (A) an offense in furtherance of

14 the commission of a felony as a member of or on behalf

15 of a criminal street gang, (B) an offense involving the

16 use of a firearm in the commission of a felony, (C) a

17 Class X felony offense under the Cannabis Control Act

18 or a second or subsequent Class 2 or greater felony

19 offense under the Cannabis Control Act, (D) a second or

20 subsequent offense under Section 402 of the Illinois

21 Controlled Substances Act, (E) an offense under

22 Section 401 of the Illinois Controlled Substances Act,

23 or (F) an offense under the Methamphetamine Control and

24 Community Protection Act.

25 (6) Nothing in this Section shall be construed to limit the

26 use of a adjudication of delinquency as evidence in any

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1 juvenile or criminal proceeding, where it would otherwise be

2 admissible under the rules of evidence, including but not

3 limited to, use as impeachment evidence against any witness,

4 including the minor if he or she testifies.

5 (7) Nothing in this Section shall affect the right of a

6 Civil Service Commission or appointing authority examining the

7 character and fitness of an applicant for a position as a law

8 enforcement officer to ascertain whether that applicant was

9 ever adjudicated to be a delinquent minor and, if so, to

10 examine the records or evidence which were made in proceedings

11 under this Act.

12 (8) Following any adjudication of delinquency for a crime

13 which would be a felony if committed by an adult, or following

14 any adjudication of delinquency for a violation of Section

15 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

16 Criminal Code of 2012, the State's Attorney shall ascertain

17 whether the minor respondent is enrolled in school and, if so,

18 shall provide a copy of the sentencing order to the principal

19 or chief administrative officer of the school. Access to such

20 juvenile records shall be limited to the principal or chief

21 administrative officer of the school and any guidance counselor

22 designated by him or her.

23 (9) Nothing contained in this Act prevents the sharing or

24 disclosure of information or records relating or pertaining to

25 juveniles subject to the provisions of the Serious Habitual

26 Offender Comprehensive Action Program when that information is

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1 used to assist in the early identification and treatment of

2 habitual juvenile offenders.

3 (11) The Clerk of the Circuit Court shall report to the

4 Department of State Police, in the form and manner required by

5 the Department of State Police, the final disposition of each

6 minor who has been arrested or taken into custody before his or

7 her 18th birthday for those offenses required to be reported

8 under Section 5 of the Criminal Identification Act. Information

9 reported to the Department under this Section may be maintained

10 with records that the Department files under Section 2.1 of the

11 Criminal Identification Act.

12 (12) Information or records may be disclosed to the general

13 public when the court is conducting hearings under Section

14 5-805 or 5-810.

15 The changes made to this Section by this amendatory Act of

16 the 98th General Assembly apply to juvenile court records of a

17 minor who has been arrested or taken into custody on or after

18 the effective date of this amendatory Act.

19 (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)

20 (705 ILCS 405/5-905)

21 Sec. 5-905. Law enforcement records.

22 (1) Law Enforcement Records. Inspection and copying of law

23 enforcement records maintained by law enforcement agencies

24 that relate to a minor who has been arrested or taken into

25 custody before his or her 18th birthday shall be restricted to

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1 the following and when necessary for the discharge of their

2 official duties:

3 (a) A judge of the circuit court and members of the

4 staff of the court designated by the judge;

5 (b) Law enforcement officers, probation officers or

6 prosecutors or their staff, or, when necessary for the

7 discharge of its official duties in connection with a

8 particular investigation of the conduct of a law

9 enforcement officer, an independent agency or its staff

10 created by ordinance and charged by a unit of local

11 government with the duty of investigating the conduct of

12 law enforcement officers;

13 (c) The minor, the minor's parents or legal guardian

14 and their attorneys, but only when the juvenile has been

15 charged with an offense;

16 (d) Adult and Juvenile Prisoner Review Boards;

17 (e) Authorized military personnel;

18 (f) Persons engaged in bona fide research, with the

19 permission of the judge of juvenile court and the chief

20 executive of the agency that prepared the particular

21 recording: provided that publication of such research

22 results in no disclosure of a minor's identity and protects

23 the confidentiality of the record;

24 (g) Individuals responsible for supervising or

25 providing temporary or permanent care and custody of minors

26 pursuant to orders of the juvenile court or directives from

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1 officials of the Department of Children and Family Services

2 or the Department of Human Services who certify in writing

3 that the information will not be disclosed to any other

4 party except as provided under law or order of court;

5 (h) The appropriate school official only if the agency

6 or officer believes that there is an imminent threat of

7 physical harm to students, school personnel, or others who

8 are present in the school or on school grounds.

9 (A) Inspection and copying shall be limited to law

10 enforcement records transmitted to the appropriate

11 school official or officials whom the school has

12 determined to have a legitimate educational or safety

13 interest by a local law enforcement agency under a

14 reciprocal reporting system established and maintained

15 between the school district and the local law

16 enforcement agency under Section 10-20.14 of the

17 School Code concerning a minor enrolled in a school

18 within the school district who has been arrested or

19 taken into custody for any of the following offenses:

20 (i) any violation of Article 24 of the Criminal

21 Code of 1961 or the Criminal Code of 2012;

22 (ii) a violation of the Illinois Controlled

23 Substances Act;

24 (iii) a violation of the Cannabis Control Act;

25 (iv) a forcible felony as defined in Section

26 2-8 of the Criminal Code of 1961 or the Criminal

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1 Code of 2012;

2 (v) a violation of the Methamphetamine Control

3 and Community Protection Act;

4 (vi) a violation of Section 1-2 of the

5 Harassing and Obscene Communications Act;

6 (vii) a violation of the Hazing Act; or

7 (viii) a violation of Section 12-1, 12-2,

8 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

9 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

10 Criminal Code of 1961 or the Criminal Code of 2012.

11 The information derived from the law enforcement

12 records shall be kept separate from and shall not

13 become a part of the official school record of that

14 child and shall not be a public record. The information

15 shall be used solely by the appropriate school official

16 or officials whom the school has determined to have a

17 legitimate educational or safety interest to aid in the

18 proper rehabilitation of the child and to protect the

19 safety of students and employees in the school. If the

20 designated law enforcement and school officials deem

21 it to be in the best interest of the minor, the student

22 may be referred to in-school or community based social

23 services if those services are available.

24 "Rehabilitation services" may include interventions by

25 school support personnel, evaluation for eligibility

26 for special education, referrals to community-based

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1 agencies such as youth services, behavioral healthcare

2 service providers, drug and alcohol prevention or

3 treatment programs, and other interventions as deemed

4 appropriate for the student.

5 (B) Any information provided to appropriate school

6 officials whom the school has determined to have a

7 legitimate educational or safety interest by local law

8 enforcement officials about a minor who is the subject

9 of a current police investigation that is directly

10 related to school safety shall consist of oral

11 information only, and not written law enforcement

12 records, and shall be used solely by the appropriate

13 school official or officials to protect the safety of

14 students and employees in the school and aid in the

15 proper rehabilitation of the child. The information

16 derived orally from the local law enforcement

17 officials shall be kept separate from and shall not

18 become a part of the official school record of the

19 child and shall not be a public record. This limitation

20 on the use of information about a minor who is the

21 subject of a current police investigation shall in no

22 way limit the use of this information by prosecutors in

23 pursuing criminal charges arising out of the

24 information disclosed during a police investigation of

25 the minor. For purposes of this paragraph,

26 "investigation" means an official systematic inquiry

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1 by a law enforcement agency into actual or suspected

2 criminal activity;

3 (i) The president of a park district. Inspection and

4 copying shall be limited to law enforcement records

5 transmitted to the president of the park district by the

6 Illinois State Police under Section 8-23 of the Park

7 District Code or Section 16a-5 of the Chicago Park District

8 Act concerning a person who is seeking employment with that

9 park district and who has been adjudicated a juvenile

10 delinquent for any of the offenses listed in subsection (c)

11 of Section 8-23 of the Park District Code or subsection (c)

12 of Section 16a-5 of the Chicago Park District Act.

13 (2) Information identifying victims and alleged victims of

14 sex offenses, shall not be disclosed or open to public

15 inspection under any circumstances. Nothing in this Section

16 shall prohibit the victim or alleged victim of any sex offense

17 from voluntarily disclosing his or her identity.

18 (2.5) If the minor is a victim of aggravated battery,

19 battery, attempted first degree murder, or other non-sexual

20 violent offense, the identity of the victim may be disclosed to

21 appropriate school officials, for the purpose of preventing

22 foreseeable future violence involving minors, by a local law

23 enforcement agency pursuant to an agreement established

24 between the school district and a local law enforcement agency

25 subject to the approval by the presiding judge of the juvenile

26 court.

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1 (3) Relevant information, reports and records shall be made

2 available to the Department of Juvenile Justiceand the Office

3 of the Independent Juvenile Ombudsman when a juvenile offender

4 has been placed in the custody of the Department of Juvenile

5 Justice.

6 (4) Nothing in this Section shall prohibit the inspection

7 or disclosure to victims and witnesses of photographs contained

8 in the records of law enforcement agencies when the inspection

9 or disclosure is conducted in the presence of a law enforcement

10 officer for purposes of identification or apprehension of any

11 person in the course of any criminal investigation or

12 prosecution.

13 (5) The records of law enforcement officers, or of an

14 independent agency created by ordinance and charged by a unit

15 of local government with the duty of investigating the conduct

16 of law enforcement officers, concerning all minors under 18

17 years of age must be maintained separate from the records of

18 adults and may not be open to public inspection or their

19 contents disclosed to the public except by order of the court

20 or when the institution of criminal proceedings has been

21 permitted under Section 5-130 or 5-805 or required under

22 Section 5-130 or 5-805 or such a person has been convicted of a

23 crime and is the subject of pre-sentence investigation or when

24 provided by law.

25 (6) Except as otherwise provided in this subsection (6),

26 law enforcement officers, and personnel of an independent

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1 agency created by ordinance and charged by a unit of local

2 government with the duty of investigating the conduct of law

3 enforcement officers, may not disclose the identity of any

4 minor in releasing information to the general public as to the

5 arrest, investigation or disposition of any case involving a

6 minor. Any victim or parent or legal guardian of a victim may

7 petition the court to disclose the name and address of the

8 minor and the minor's parents or legal guardian, or both. Upon

9 a finding by clear and convincing evidence that the disclosure

10 is either necessary for the victim to pursue a civil remedy

11 against the minor or the minor's parents or legal guardian, or

12 both, or to protect the victim's person or property from the

13 minor, then the court may order the disclosure of the

14 information to the victim or to the parent or legal guardian of

15 the victim only for the purpose of the victim pursuing a civil

16 remedy against the minor or the minor's parents or legal

17 guardian, or both, or to protect the victim's person or

18 property from the minor.

19 (7) Nothing contained in this Section shall prohibit law

20 enforcement agencies when acting in their official capacity

21 from communicating with each other by letter, memorandum,

22 teletype or intelligence alert bulletin or other means the

23 identity or other relevant information pertaining to a person

24 under 18 years of age. The information provided under this

25 subsection (7) shall remain confidential and shall not be

26 publicly disclosed, except as otherwise allowed by law.

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1 (8) No person shall disclose information under this Section

2 except when acting in his or her official capacity and as

3 provided by law or order of court.

4 The changes made to this Section by this amendatory Act of

5 the 98th General Assembly apply to law enforcement records of a

6 minor who has been arrested or taken into custody on or after

7 the effective date of this amendatory Act.

8 (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;

9 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)

10 Section 110. The Unified Code of Corrections is amended by

11 changing Section 3-5-1 as follows:

12 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)

13 (Text of Section before amendment by P.A. 98-528)

14 Sec. 3-5-1. Master Record File.

15 (a) The Department of Corrections and the Department of

16 Juvenile Justice shall maintain a master record file on each

17 person committed to it, which shall contain the following

18 information:

19 (1) all information from the committing court;

20 (2) reception summary;

21 (3) evaluation and assignment reports and

22 recommendations;

23 (4) reports as to program assignment and progress;

24 (5) reports of disciplinary infractions and

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1 disposition, including tickets and Administrative Review

2 Board action;

3 (6) any parole or aftercare release plan;

4 (7) any parole or aftercare release reports;

5 (8) the date and circumstances of final discharge;

6 (9) criminal history;

7 (10) current and past gang affiliations and ranks;

8 (11) information regarding associations and family

9 relationships;

10 (12) any grievances filed and responses to those

11 grievances; and

12 (13) other information that the respective Department

13 determines is relevant to the secure confinement and

14 rehabilitation of the committed person.

15 (b) All files shall be confidential and access shall be

16 limited to authorized personnel of the respective Department.

17 Personnel of other correctional, welfare or law enforcement

18 agencies may have access to files under rules and regulations

19 of the respective Department. The Department of Juvenile

20 Justice shall provide the Office of the Independent Juvenile

21 Ombudsman unrestricted access to all master record files. The

22 respective Department shall keep a record of all outside

23 personnel who have access to files, the files reviewed, any

24 file material copied, and the purpose of access. If the

25 respective Department or the Prisoner Review Board makes a

26 determination under this Code which affects the length of the

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1 period of confinement or commitment, the committed person and

2 his counsel shall be advised of factual information relied upon

3 by the respective Department or Board to make the

4 determination, provided that the Department or Board shall not

5 be required to advise a person committed to the Department of

6 Juvenile Justice any such information which in the opinion of

7 the Department of Juvenile Justice or Board would be

8 detrimental to his treatment or rehabilitation.

9 (c) The master file shall be maintained at a place

10 convenient to its use by personnel of the respective Department

11 in charge of the person. When custody of a person is

12 transferred from the Department to another department or

13 agency, a summary of the file shall be forwarded to the

14 receiving agency with such other information required by law or

15 requested by the agency under rules and regulations of the

16 respective Department.

17 (d) The master file of a person no longer in the custody of

18 the respective Department shall be placed on inactive status

19 and its use shall be restricted subject to rules and

20 regulations of the Department.

21 (e) All public agencies may make available to the

22 respective Department on request any factual data not otherwise

23 privileged as a matter of law in their possession in respect to

24 individuals committed to the respective Department.

25 (Source: P.A. 97-696, eff. 6-22-12; 98-558, eff. 1-1-14.)

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1 (Text of Section after amendment by P.A. 98-528)

2 Sec. 3-5-1. Master Record File.

3 (a) The Department of Corrections and the Department of

4 Juvenile Justice shall maintain a master record file on each

5 person committed to it, which shall contain the following

6 information:

7 (1) all information from the committing court;

8 (1.5) ethnic and racial background data collected in

9 accordance with Section 4.5 of the Criminal Identification

10 Act;

11 (2) reception summary;

12 (3) evaluation and assignment reports and

13 recommendations;

14 (4) reports as to program assignment and progress;

15 (5) reports of disciplinary infractions and

16 disposition, including tickets and Administrative Review

17 Board action;

18 (6) any parole or aftercare release plan;

19 (7) any parole or aftercare release reports;

20 (8) the date and circumstances of final discharge;

21 (9) criminal history;

22 (10) current and past gang affiliations and ranks;

23 (11) information regarding associations and family

24 relationships;

25 (12) any grievances filed and responses to those

26 grievances; and

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1 (13) other information that the respective Department

2 determines is relevant to the secure confinement and

3 rehabilitation of the committed person.

4 (b) All files shall be confidential and access shall be

5 limited to authorized personnel of the respective Department.

6 Personnel of other correctional, welfare or law enforcement

7 agencies may have access to files under rules and regulations

8 of the respective Department. The Department of Juvenile

9 Justice shall provide the Office of the Independent Juvenile

10 Ombudsman unrestricted access to all master record files. The

11 respective Department shall keep a record of all outside

12 personnel who have access to files, the files reviewed, any

13 file material copied, and the purpose of access. If the

14 respective Department or the Prisoner Review Board makes a

15 determination under this Code which affects the length of the

16 period of confinement or commitment, the committed person and

17 his counsel shall be advised of factual information relied upon

18 by the respective Department or Board to make the

19 determination, provided that the Department or Board shall not

20 be required to advise a person committed to the Department of

21 Juvenile Justice any such information which in the opinion of

22 the Department of Juvenile Justice or Board would be

23 detrimental to his treatment or rehabilitation.

24 (c) The master file shall be maintained at a place

25 convenient to its use by personnel of the respective Department

26 in charge of the person. When custody of a person is

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1 transferred from the Department to another department or

2 agency, a summary of the file shall be forwarded to the

3 receiving agency with such other information required by law or

4 requested by the agency under rules and regulations of the

5 respective Department.

6 (d) The master file of a person no longer in the custody of

7 the respective Department shall be placed on inactive status

8 and its use shall be restricted subject to rules and

9 regulations of the Department.

10 (e) All public agencies may make available to the

11 respective Department on request any factual data not otherwise

12 privileged as a matter of law in their possession in respect to

13 individuals committed to the respective Department.

14 (Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;

15 98-558, eff. 1-1-14; revised 9-24-13.)

16 Section 997. No acceleration or delay. Where this Act

17 makes changes in a statute that is represented in this Act by

18 text that is not yet or no longer in effect (for example, a

19 Section represented by multiple versions), the use of that text

20 does not accelerate or delay the taking effect of (i) the

21 changes made by this Act or (ii) provisions derived from any

22 other Public Act.

23 Section 999. Effective date. This Act takes effect upon

24 becoming law.".