Illinois 2023-2024 Regular Session

Illinois House Bill HB3373 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3373 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024. LRB103 29405 RLC 55796 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3373 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024. LRB103 29405 RLC 55796 b LRB103 29405 RLC 55796 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3373 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
44 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
55 730 ILCS 5/3-3-3.1 new
66 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
77 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024.
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1313 1 AN ACT concerning criminal law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Preamble. In recognition of the historical
1717 5 harms of systemic racism and overly punitive sentencing, as
1818 6 well as concerns to address mass incarceration and safely
1919 7 reduce the prison population, this Act is needed to ensure
2020 8 that persons are not serving excessive sentences with no
2121 9 public benefit. By utilizing and extending existing review
2222 10 mechanisms, this Act will reduce unnecessary incarceration,
2323 11 reduce costs of incarceration, provide incentive to people
2424 12 with long sentences to prepare for productive lives, make
2525 13 prisons safer for incarcerated persons and prison staff, and
2626 14 help bring the State in compliance with Section 11 of Article I
2727 15 of the Illinois Constitution, which mandates that all
2828 16 penalties aim to restore incarcerated people to useful
2929 17 citizenship.
3030 18 Section 5. The Unified Code of Corrections is amended by
3131 19 changing Sections 3-3-3 and 3-5-1 and by adding Section
3232 20 3-3-3.1 as follows:
3333 21 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
3434 22 Sec. 3-3-3. Eligibility for parole or release.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3373 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
3939 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
4040 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4141 730 ILCS 5/3-3-3.1 new
4242 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
4343 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024.
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7373 1 (a) Except as otherwise provided in Section 3-3-3.1 and
7474 2 except Except for those offenders who accept the fixed release
7575 3 date established by the Prisoner Review Board under Section
7676 4 3-3-2.1, every person serving a term of imprisonment under the
7777 5 law in effect prior to the effective date of this amendatory
7878 6 Act of 1977 shall be eligible for parole when he or she has
7979 7 served:
8080 8 (1) the minimum term of an indeterminate sentence less
8181 9 time credit for good behavior, or 20 years less time
8282 10 credit for good behavior, whichever is less; or
8383 11 (2) 20 years of a life sentence less time credit for
8484 12 good behavior; or
8585 13 (3) 20 years or one-third of a determinate sentence,
8686 14 whichever is less, less time credit for good behavior.
8787 15 (b) Except as otherwise provided in Section 3-3-3.1, no No
8888 16 person sentenced under this amendatory Act of 1977 or who
8989 17 accepts a release date under Section 3-3-2.1 shall be eligible
9090 18 for parole.
9191 19 (c) Except as otherwise provided in Section 3-3-3.1, and
9292 20 except Except for those sentenced to a term of natural life
9393 21 imprisonment, every person sentenced to imprisonment under
9494 22 this amendatory Act of 1977 or given a release date under
9595 23 Section 3-3-2.1 of this Act shall serve the full term of a
9696 24 determinate sentence less time credit for good behavior and
9797 25 shall then be released under the mandatory supervised release
9898 26 provisions of paragraph (d) of Section 5-8-1 of this Code.
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109109 1 (d) (Blank). No person serving a term of natural life
110110 2 imprisonment may be paroled or released except through
111111 3 executive clemency.
112112 4 (e) Every person committed to the Department of Juvenile
113113 5 Justice under the Juvenile Court Act of 1987 and confined in
114114 6 the State correctional institutions or facilities if such
115115 7 juvenile has not been tried as an adult shall be eligible for
116116 8 aftercare release under Section 3-2.5-85 of this Code.
117117 9 However, if a juvenile has been tried as an adult he or she
118118 10 shall only be eligible for parole or mandatory supervised
119119 11 release as an adult under this Section.
120120 12 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
121121 13 (730 ILCS 5/3-3-3.1 new)
122122 14 Sec. 3-3-3.1. Earned reentry; earned reentry hearings;
123123 15 sentences of 20 years or longer; life imprisonment; reentry.
124124 16 (a) Definition. "Earned reentry" means the termination of
125125 17 an incarcerated person's sentence that he or she is granted by
126126 18 the Prisoner Review Board as provided in this Act; if an
127127 19 incarcerated person is granted earned reentry, his or her
128128 20 sentence shall be considered complete after the term of
129129 21 mandatory supervised release.
130130 22 (b) Notwithstanding to the contrary, any provision of this
131131 23 Code, Article 122 of the Code of Criminal Procedure of 1963, or
132132 24 Article X or Section 2-1401 of the Code of Civil Procedure, a
133133 25 person serving terms of imprisonment, including terms of
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144144 1 natural life, in a Department of Corrections institution or
145145 2 facility is eligible for earned reentry under this Article if
146146 3 he or she has served a term of imprisonment specified in
147147 4 subsection (d). Hearings for earned reentry shall be
148148 5 administered by the Prisoner Review Board.
149149 6 (c) The Prisoner Review Board shall contact persons
150150 7 eligible for earned reentry and conduct hearings to determine
151151 8 whether they shall obtain earned reentry as provided by this
152152 9 Article and the Open Parole Hearings Act unless otherwise
153153 10 specified in this Section.
154154 11 (d) Implementation schedule. For the first year following
155155 12 the effective date of this amendatory Act of the 103rd General
156156 13 Assembly, a person is eligible for earned reentry under this
157157 14 Section if he or she has served a term of imprisonment of at
158158 15 least 35 consecutive years. For the second year following the
159159 16 effective date of this amendatory Act of the 103rd General
160160 17 Assembly, a person is eligible for earned reentry under this
161161 18 Section if he or she has served a term of imprisonment of at
162162 19 least 25 consecutive years. For the third year following the
163163 20 effective date of this amendatory Act of the 103rd General
164164 21 Assembly and each year thereafter, a person is eligible for
165165 22 earned reentry under this Section if he or she has served a
166166 23 term of imprisonment of at least 20 consecutive years.
167167 24 (e) Victims and victims' families shall be notified in a
168168 25 timely manner and provided an opportunity to participate in
169169 26 the hearing in accordance with the Rights of Crime Victims and
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180180 1 Witnesses Act, the Open Parole Hearings Act, and this Article.
181181 2 (f) In determining whether a candidate should obtain
182182 3 earned reentry, the Prisoner Review Board shall consider the
183183 4 following factors:
184184 5 (1) a statement, oral or written, by the candidate as
185185 6 to the reasons why he or she should obtain earned reentry;
186186 7 (2) any of evidence of the candidate's rehabilitation
187187 8 during the period of his or her incarceration, including
188188 9 remorse for any criminal acts, if applicable;
189189 10 (3) any evidence of the likelihood that the candidate
190190 11 will not recidivate;
191191 12 (4) any character references, letters of support from
192192 13 family or community members, or references by staff,
193193 14 volunteers, or incarcerated persons in the Department of
194194 15 Corrections;
195195 16 (5) any evidence of the candidate's participation in
196196 17 educational, vocational, substance abuse, behavior
197197 18 modification, life skills, or reentry planning programs;
198198 19 (6) the candidate's disciplinary record while
199199 20 incarcerated;
200200 21 (7) the candidate's employment history while
201201 22 incarcerated;
202202 23 (8) the candidate's criminal history; and
203203 24 (9) the candidate's parole plan, including plans for
204204 25 housing, employment, and community support upon release
205205 26 from incarceration.
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216216 1 (g) If the programs or employment opportunities described
217217 2 in this Section were not available to this candidate, the
218218 3 Board shall not penalize the candidate for failure to
219219 4 participate in them; nor shall the board penalize a candidate
220220 5 for choosing not to work for the Department of Corrections;
221221 6 nor shall the Board penalize a candidate for maintaining his
222222 7 or her claim of innocence.
223223 8 (h) Notification. The Prisoner Review Board shall notify
224224 9 all persons who become eligible for earned reentry subsection
225225 10 (d) within 2 months of their becoming eligible and inform them
226226 11 that the Prisoner Review Board will consider them for earned
227227 12 reentry.
228228 13 (i) Hearings.
229229 14 (1) Hearings under this Section shall be conducted by
230230 15 a panel of at least 3 members of the Board. A majority vote
231231 16 of the members present and voting at the hearing is
232232 17 required to grant the candidate earned reentry.
233233 18 (2) In the first 2 years following the effective date
234234 19 of this amendatory Act of the 103rd General Assembly,
235235 20 hearings shall be held for each eligible person (who has
236236 21 not deferred) within one year of the person becoming
237237 22 eligible as specified in subsection (d). Beginning the
238238 23 third year following the effective date of this amendatory
239239 24 Act of the 103rd General Assembly and every year
240240 25 thereafter, hearings shall be held for each eligible
241241 26 person (who has not deferred) within 8 months of the
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252252 1 person becoming eligible as specified in subsection (d).
253253 2 (j) Deferrals. Any person who is notified of their eligibility
254254 3 for earned reentry under this Section may defer their
255255 4 eligibility for 2 years by notifying the Prisoner Review
256256 5 Board within 3 months of receiving notification of
257257 6 eligibility.
258258 7 (k) If earned reentry is denied under this Section, the
259259 8 Board shall provide a written statement to the candidate that
260260 9 shall include the reasons for the denial, what the candidate
261261 10 must accomplish to attain earned reentry in the future; and
262262 11 when the candidate is eligible to reapply for earned reentry,
263263 12 which shall be no later than 2 years after the denial. The
264264 13 candidate may seek a continuance of up to 2 additional years.
265265 14 (l) An incarcerated person described in this Section may
266266 15 not be barred from any programming because his or her maximum
267267 16 out date is not in the near future.
268268 17 (m) Every incarcerated person described in this Section
269269 18 may bring legal counsel or an advocate of his or her choice to
270270 19 the earned reentry hearing.
271271 20 (n) Every incarcerated person described in this Section
272272 21 may attend and testify at his or her earned reentry hearing in
273273 22 person or by video-conference or may have counsel or an
274274 23 advocate read a statement.
275275 24 (o) Every incarcerated person described in this Section
276276 25 shall be provided full and complete access to his or her master
277277 26 record file, with the exception of the names of verified
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288288 1 confidential informants, at least 60 days prior to any earned
289289 2 reentry hearing. The incarcerated person has a right to
290290 3 challenge any false, misleading, or otherwise inaccurate
291291 4 information contained therein. The Department of Corrections
292292 5 shall establish an expedited process for incarcerated persons
293293 6 to challenge such false, misleading, or otherwise inaccurate
294294 7 information so that it can be removed prior to any earned
295295 8 reentry hearing. Every incarcerated person described in this
296296 9 section may have counsel assist them in challenging inaccurate
297297 10 information.
298298 11 (p) This Section applies retroactively to every person
299299 12 currently serving a term of imprisonment in a Department of
300300 13 Corrections institution or facility, which is necessary in
301301 14 order to serve the important objectives listed in the
302302 15 preamble, including that of restoring incarcerated individuals
303303 16 to useful citizenship, as required by Section 11 of Article I
304304 17 of the Illinois Constitution.
305305 18 (q) Nothing in this Section guarantees release. It only
306306 19 provides the opportunity for the incarcerated person to
307307 20 demonstrate his or her readiness to obtain earned reentry.
308308 21 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
309309 22 Sec. 3-5-1. Master Record File.
310310 23 (a) The Department of Corrections and the Department of
311311 24 Juvenile Justice shall maintain a master record file on each
312312 25 person committed to it, which shall contain the following
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323323 1 information:
324324 2 (1) all information from the committing court;
325325 3 (1.5) ethnic and racial background data collected in
326326 4 accordance with Section 4.5 of the Criminal Identification
327327 5 Act;
328328 6 (2) reception summary;
329329 7 (3) evaluation and assignment reports and
330330 8 recommendations;
331331 9 (4) reports as to program assignment and progress;
332332 10 (5) reports of disciplinary infractions and
333333 11 disposition, including tickets and Administrative Review
334334 12 Board action;
335335 13 (6) any parole or aftercare release plan;
336336 14 (7) any parole or aftercare release reports;
337337 15 (8) the date and circumstances of final discharge;
338338 16 (9) criminal history;
339339 17 (10) current and past gang affiliations and ranks;
340340 18 (11) information regarding associations and family
341341 19 relationships;
342342 20 (12) any grievances filed and responses to those
343343 21 grievances; and
344344 22 (13) other information that the respective Department
345345 23 determines is relevant to the secure confinement and
346346 24 rehabilitation of the committed person.
347347 25 (b) Except as otherwise provided in Section 3-3-3.1, all
348348 26 All files shall be confidential and access shall be limited to
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359359 1 authorized personnel of the respective Department or by
360360 2 disclosure in accordance with a court order or subpoena.
361361 3 Personnel of other correctional, welfare or law enforcement
362362 4 agencies may have access to files under rules and regulations
363363 5 of the respective Department. The respective Department shall
364364 6 keep a record of all outside personnel who have access to
365365 7 files, the files reviewed, any file material copied, and the
366366 8 purpose of access. If the respective Department or the
367367 9 Prisoner Review Board makes a determination under this Code
368368 10 which affects the length of the period of confinement or
369369 11 commitment, the committed person and his counsel shall be
370370 12 advised of factual information relied upon by the respective
371371 13 Department or Board to make the determination, provided that
372372 14 the Department or Board shall not be required to advise a
373373 15 person committed to the Department of Juvenile Justice any
374374 16 such information which in the opinion of the Department of
375375 17 Juvenile Justice or Board would be detrimental to his
376376 18 treatment or rehabilitation.
377377 19 (c) The master file shall be maintained at a place
378378 20 convenient to its use by personnel of the respective
379379 21 Department in charge of the person. When custody of a person is
380380 22 transferred from the Department to another department or
381381 23 agency, a summary of the file shall be forwarded to the
382382 24 receiving agency with such other information required by law
383383 25 or requested by the agency under rules and regulations of the
384384 26 respective Department.
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395395 1 (d) The master file of a person no longer in the custody of
396396 2 the respective Department shall be placed on inactive status
397397 3 and its use shall be restricted subject to rules and
398398 4 regulations of the Department.
399399 5 (e) All public agencies may make available to the
400400 6 respective Department on request any factual data not
401401 7 otherwise privileged as a matter of law in their possession in
402402 8 respect to individuals committed to the respective Department.
403403 9 (f) A committed person may request a summary of the
404404 10 committed person's master record file once per year and the
405405 11 committed person's attorney may request one summary of the
406406 12 committed person's master record file once per year. The
407407 13 Department shall create a form for requesting this summary,
408408 14 and shall make that form available to committed persons and to
409409 15 the public on its website. Upon receipt of the request form,
410410 16 the Department shall provide the summary within 15 days. The
411411 17 summary must contain, unless otherwise prohibited by law:
412412 18 (1) the person's name, ethnic, racial, and other
413413 19 identifying information;
414414 20 (2) all digitally available information from the
415415 21 committing court;
416416 22 (3) all information in the Offender 360 system on the
417417 23 person's criminal history;
418418 24 (4) the person's complete assignment history in the
419419 25 Department of Corrections;
420420 26 (5) the person's disciplinary card;
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431431 1 (6) additional records about up to 3 specific
432432 2 disciplinary incidents as identified by the requester;
433433 3 (7) any available records about up to 5 specific
434434 4 grievances filed by the person, as identified by the
435435 5 requester; and
436436 6 (8) the records of all grievances filed on or after
437437 7 January 1, 2023.
438438 8 Notwithstanding any provision of this subsection (f) to
439439 9 the contrary, a committed person's master record file is not
440440 10 subject to disclosure and copying under the Freedom of
441441 11 Information Act.
442442 12 (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
443443 13 revised 12-14-22.)
444444 14 Section 97. Severability. The provisions of this Act are
445445 15 severable under Section 1.31 of the Statute on Statutes.
446446 16 Section 99. Effective date. This Act takes effect January
447447 17 1, 2024.
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453453 HB3373 - 12 - LRB103 29405 RLC 55796 b