Illinois Senate Bill SB0075 Latest Draft

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0075 Introduced 1/20/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:  New Act5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3  20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new20 ILCS 5/5-240 new20 ILCS 5/5-402 new 730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3   Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.  LRB103 04675 RLC 50239 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0075 Introduced 1/20/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:  New Act5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3  20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new20 ILCS 5/5-240 new20 ILCS 5/5-402 new 730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3 New Act  5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3 20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new  20 ILCS 5/5-240 new  20 ILCS 5/5-402 new  730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3 Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.  LRB103 04675 RLC 50239 b     LRB103 04675 RLC 50239 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0075 Introduced 1/20/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3  20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new20 ILCS 5/5-240 new20 ILCS 5/5-402 new 730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3 New Act  5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3 20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new  20 ILCS 5/5-240 new  20 ILCS 5/5-402 new  730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3
New Act
5 ILCS 140/7
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3
Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.
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    LRB103 04675 RLC 50239 b
A BILL FOR
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1  AN ACT creating the Department of Returning Resident
2  Affairs.
3  Be it enacted by the People of the State of Illinois,
4  represented in the General Assembly:
5  Section 1. Short title. This Act may be cited as the Second
6  Chance Public Health and Safety Act.
7  Section 5. Legislative declarations and findings. The
8  General Assembly finds and declares that:
9  (1) The health, welfare, and prosperity of all
10  Illinois citizens requires the State to change its
11  response to individuals impacted by the judicial system
12  from failed siloed programming to a comprehensive,
13  coordinated, and holistic approach that provides those
14  returning residents with a real second chance to succeed
15  in life.
16  (2) Approximately 42% of Illinois' working age
17  population has an arrest or conviction record. The fact
18  that many of these Illinoisans had no first chance at
19  success in life before their interaction with the judicial
20  system, let alone a real second chance after their
21  release, underscores the need to respond to these
22  individuals when their justice involvement begins without
23  waiting until it ends.

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0075 Introduced 1/20/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3  20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new20 ILCS 5/5-240 new20 ILCS 5/5-402 new 730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3 New Act  5 ILCS 140/7  20 ILCS 5/5-15 was 20 ILCS 5/3 20 ILCS 5/5-20 was 20 ILCS 5/4 20 ILCS 5/5-172 new  20 ILCS 5/5-240 new  20 ILCS 5/5-402 new  730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3
New Act
5 ILCS 140/7
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3
Creates the Second Chance Public Health and Safety Act and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs and sets forth its powers in relation to returning residents (residents who have been detained, are defendants in criminal prosecutions, are incarcerated, or have been incarcerated) and other matters. Provides that the Department shall develop and administer the Second Chance State Program for returning residents and provides for the establishment of hub sites to provide specified services to eligible individuals and other elements of the Program. Provides for the appointment of a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year, as well as an Assistant Director and a General Counsel. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.
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    LRB103 04675 RLC 50239 b
A BILL FOR

 

 

New Act
5 ILCS 140/7
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3 from Ch. 38, par. 1003-14-3



    LRB103 04675 RLC 50239 b

 

 



 

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1  (3) This condition is exacerbated after these
2  individuals are released from incarceration because they
3  are often perceived as being forever irredeemable even
4  though they have paid their debt to society. Their
5  post-incarceration environment is therefore fraught with
6  barriers to their success, with obstacles impeding them
7  from accessing such basic human necessities as decent
8  housing, meaningful employment, transportation,
9  education, digital literacy, health care, and nutrition.
10  (4) The cost of those obstacles to Illinois is high,
11  both in terms of dollars and violence. Approximately 41%
12  of persons incarcerated in Illinois will recidivate within
13  3 years. Each recidivism event costs Illinois taxpayers
14  over $151,000. The cost of recidivism in terms of violence
15  to Illinois communities is higher, with 39% of returning
16  residents being re-arrested for a violent crime within 9
17  years of release and 86% of persons charged with a
18  homicide in Illinois having arrest or conviction records.
19  An uncalculated cost to Illinois is the loss of
20  productivity and profitability to our State's businesses
21  that suffer from labor shortages when returning residents
22  could be supported and prepared to enter the workforce.
23  (5) Illinois' current approach to returning residents
24  fails because it requires them to navigate through the
25  requirements of numerous disjointed, siloed, and
26  uncoordinated programs that do not fit their individual

 

 

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1  needs and without the fundamental knowledge, tools, and
2  assistance needed for those returning residents to
3  navigate them.
4  (6) It is in the best interests of all Illinois
5  citizens for the State to reduce the cost of recidivism by
6  moving from this failed approach. It is therefore in the
7  best interests of all Illinois citizens for the State to
8  create a comprehensive, coordinated, and holistic program
9  that provides returning residents with effective
10  assistance to respond to the social determinants and
11  obstacles that impede their successful reentry to society.
12  (7) This approach is best achieved by the State's
13  creation of a single Department to coordinate the
14  provision of programs to returning residents through
15  community-based navigators working for community-based
16  organizations. Those navigators and community-based
17  organizations understand returning residents' assessed and
18  individualized needs because they work in the communities
19  where returning residents live. With this experience, they
20  can support returning residents with the resources and
21  assistance they need to navigate through and connect with
22  the multiple systems and service providers that returning
23  residents require to be successful in life.
24  (8) The General Assembly therefore finds that it is
25  necessary to create the Department of Returning Resident
26  Affairs and to require the Department to take the actions

 

 

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1  and establish the programs described in this Act.
2  Section 10. Definitions. As used in this Act:
3  "Community-based organization" means a private, non-profit
4  entity that has established demonstrable experience providing
5  services to Illinois' returning resident community and an
6  understanding of the issues affecting those returning
7  residents, which is evidenced by:
8  (1) the provision of services to returning residents
9  in Illinois for at least 5 years;
10  (2) experience providing returning residents with
11  assistance regarding issues necessary for those returning
12  residents' success in life, including, without limitation,
13  job preparation training, skills training, job placement,
14  housing, financial and digital literacy, and physical and
15  behavioral health;
16  (3) experience providing educational programming to
17  returning residents;
18  (4) experience providing that assistance on a
19  comprehensive, coordinated, and holistic basis;
20  (5) experience using service delivery systems that
21  employ the navigators or personnel similar to the
22  navigators described in this Act to connect returning
23  residents to other community-based service providers;
24  (6) establishment of relationships with other
25  community-based service providers that serve returning

 

 

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1  residents' needs;
2  (7) the organization's history of employing returning
3  residents; and
4  (8) the organization's leadership reflecting the
5  diversity of the community in which the organization
6  operates.
7  "Council" means the Returning Resident Interagency
8  Council.
9  "Director" means the Director of Returning Resident
10  Affairs.
11  "Department" means the Department of Returning Resident
12  Affairs.
13  "For-profit correctional entity" means a person or entity
14  that directly, indirectly, or beneficially operates a
15  correctional or detention facility for profit.
16  "Hub site operator" means the community-based organization
17  that contracts with the Department to operate a hub site under
18  the Program;
19  "Navigator" means one of the various types of navigators
20  described in this Act or similarly identified individuals who
21  are employed by or contracted with a hub site operator under
22  the Program.
23  "Program" means the Second Chance State Program described
24  in this Act.
25  "Program participant" means a returning resident who has
26  consented to participate in the Program.

 

 

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1  "Returning resident" means an Illinois resident who is (i)
2  at least 17 years old or (ii) under 17 years old and is being
3  or has been charged or prosecuted for a crime as an adult; and:
4  (1) has been detained by a law enforcement officer or
5  correctional officer of this State or any agency or
6  political subdivision of this State;
7  (2) is a defendant in a criminal prosecution pending
8  in any State or federal court sitting in the State of
9  Illinois;
10  (3) is incarcerated or otherwise detained in any
11  local, county, State, or federal correctional or detention
12  facility located in the State of Illinois; or
13  (4) has been incarcerated or otherwise detained in any
14  local, county, State, or federal correctional or detention
15  facility.
16  Section 15. Creation of the Department of Returning
17  Resident Affairs. The Department of Returning Resident Affairs
18  is created. The Department shall exercise governmental and
19  public powers, be perpetual in duration, and have the powers
20  and duties enumerated in this Act, together with other powers
21  and duties conferred upon it by law and powers and duties that
22  are necessary or implied for the purpose of effectuating the
23  policy declared in Section 5.
24  Section 20. General powers of the Department.

 

 

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1  (a) Except as otherwise limited by this Act, the
2  Department has all of the powers necessary or convenient to
3  carry out the purposes and provisions of this Act, including,
4  without limitation, each of the following:
5  (1) To have a corporate seal, and to alter that seal at
6  pleasure, and to use it by causing it or a facsimile to be
7  affixed or impressed or reproduced in any other manner.
8  (2) To obtain and employ personnel and hire
9  consultants that are necessary to fulfill the Department's
10  purposes, and to make expenditures for that purpose within
11  the appropriations for that purpose.
12  (3) To purchase, receive, take by grant, gift, devise,
13  bequest, or otherwise, lease, or otherwise acquire, own,
14  hold, improve, employ, use, convey in whole or in part,
15  and otherwise deal in and with real or personal property
16  whether tangible or intangible, or any interest therein,
17  within the State.
18  (4) To make and execute agreements, contracts, and
19  other instruments necessary or convenient in the exercise
20  of the powers and functions of the Department under this
21  Act, including contracts with any person, local
22  government, State Department, or other entity. All State
23  agencies and all local governments are authorized to enter
24  into and do all things necessary to perform any such
25  agreement, contract, or other instrument with the
26  Department. No such agreement, contract, or other

 

 

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1  instrument shall exceed 40 years.
2  (6) To maintain the Department at such place or places
3  in the State as it may determine.
4  (7) To request information, and to make any inquiry,
5  investigation, survey, or study that the Department may
6  deem necessary to enable it effectively to carry out the
7  provisions of this Act.
8  (8) To accept and expend appropriations.
9  (9) To engage in any activity or operation that is
10  incidental to and in furtherance of efficient operation to
11  accomplish the Department's purposes.
12  (10) To adopt, revise, amend, and repeal rules with
13  respect to its operations as may be necessary or
14  convenient to carry out the purposes of this Act, subject
15  to the provisions of the Illinois Administrative Procedure
16  Act. The Department shall consult and collaborate with
17  community-based organizations in a meaningful manner when
18  developing the rules. The Department shall provide all
19  community-based organizations that file a written
20  statement of interest with the Department with at least 10
21  business days to comment on any proposed rules of the
22  Department before the Department publishes notice of the
23  proposed rules in the Illinois Register in accordance with
24  Section 5-40 of the Illinois Administrative Procedure Act.
25  (b) Unless otherwise stated, the Department is subject to
26  the provisions of all applicable laws, including, but not

 

 

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1  limited to:
2  (1) The State Records Act.
3  (2) The Illinois Procurement Code.
4  (3) The Freedom of Information Act.
5  (4) The State Property Control Act.
6  Section 25. Illinois Administrative Procedure Act. The
7  provisions of the Illinois Administrative Procedure Act shall
8  apply to all administrative rules and procedures of the
9  Department.
10  Section 30. Administrative Review Law. Any final
11  administrative decision of the Department is subject to review
12  under the Administrative Review Law.
13  Section 35. Illinois State Auditing Act. For purposes of
14  the Illinois State Auditing Act, the Department is a State
15  agency within the meaning of that Act and is subject to the
16  jurisdiction of the Auditor General.
17  Section 40. Department officials.
18  (a) The Department shall have a Director who meets the
19  qualifications specified in subsection (a) of Section 5-240 of
20  the Civil Administrative Code of Illinois.
21  (b) The Department shall have an Assistant Director and
22  General Counsel who meet the qualifications specified in

 

 

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1  subsection (b) of Section 5-240 of the Civil Administrative
2  Code of Illinois.
3  Section 45. The Second Chance State Program.
4  (a) Subject to appropriation, within one year of the
5  effective date of this Act, the Department shall develop,
6  create, implement, and administer the Second Chance State
7  Program.
8  (b) The following actions shall be taken to implement the
9  Program:
10  (1) Within 2 hours after making an arrest, or sooner
11  if the arrestee is released in less than 2 hours, each law
12  enforcement officer shall provide each person that the law
13  enforcement officer arrests with information about the
14  Program, including, without limitation, contact
15  information for the Program and an opportunity for the
16  arrestee to consent to the law enforcement officer's
17  direct referral of the arrestee to the Program. Upon the
18  arrestee's consent to such direct referral and provision
19  of appropriate contact information to the law enforcement
20  officer, that law enforcement officer shall forward the
21  arrestee's consent and contact information to the Program
22  within 5 business days after the law enforcement officer
23  receives such information.
24  (2) Simultaneously with a defendant's first appearance
25  in a criminal proceeding, the clerk of the circuit court

 

 

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1  where the defendant's case is pending shall provide the
2  defendant with information about the Program, including,
3  without limitation, contact information for the Program
4  and an opportunity for the defendant to consent to the
5  clerk's direct referral of the defendant to the Program.
6  Upon the defendant's consent to such direct referral and
7  provision of appropriate contact information to the clerk,
8  that clerk shall forward the defendant's consent and
9  contact information to the Program within 5 business days
10  after the clerk receives such information.
11  (3) Each county sheriff shall provide the following to
12  each person detained in a facility over which that sheriff
13  has jurisdiction, prior to each detainee's release from
14  the facility to the community: (A) information about the
15  Program, including, without limitation, contact
16  information for the Program and (B) an opportunity for the
17  detainee to consent to the sheriff's direct referral of
18  the detainee to the Program. Upon the detainee's consent
19  to such direct referral and provision of appropriate
20  contact information to the sheriff, that sheriff shall
21  forward the detainee's consent and contact information to
22  the Program within 5 business days after the sheriff
23  receives such information.
24  (4) The Department of Corrections shall provide the
25  following to each person incarcerated in a facility
26  operated directly by or under contract with the Department

 

 

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1  of Corrections within 6 months of the individual's
2  projected release from the facility to the community: (A)
3  information about the Program, including, without
4  limitation, contact information for the Program and (B) an
5  opportunity for the incarcerated individual to consent to
6  the Department of Corrections' direct referral of the
7  individual to the Program. Upon the incarcerated
8  individual's consent to such direct referral and provision
9  of appropriate contact information to the Department of
10  Corrections, the Department of Corrections shall forward
11  the incarcerated individual's consent and contact
12  information to the Program within 5 business days after
13  the Department of Corrections receives such information.
14  (5) The Department shall provide both hard copy and
15  electronic versions of the information and consent forms
16  described in this Act in English, Spanish, Polish, and
17  such other languages as the Department may choose to
18  clerks of the circuit court, county sheriffs, the
19  Department of Corrections, and other entities that request
20  such information and forms. The Department shall create a
21  system that allows for law enforcement officers, clerks of
22  the circuit court, the Department of Corrections, and
23  others to electronically transmit information to the
24  Department that is required by this Act in the most
25  reasonably efficient and expeditious manner. The
26  obligations imposed upon law enforcement officers, clerks

 

 

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1  of the circuit court, the Department of Corrections, and
2  others by this Act shall not be held in abeyance or
3  otherwise altered while the Department creates such a
4  system.
5  (6) The Department shall, on its own or under contract
6  with a community-based organization, maintain a
7  non-automated, toll-free telephone hotline for returning
8  residents to contact about their immediate needs and
9  referral to the Program. That hotline shall be solely
10  answered and staffed by individuals trained to triage and
11  otherwise provide a trauma-informed response to the needs
12  of returning residents who may be experiencing a crisis.
13  The Department shall endeavor to cause the hotline to be
14  staffed in a manner that allows for callers to it to be
15  connected to hotline staff within not less than 10 minutes
16  after the call is placed. Hotline staff shall connect
17  returning residents who call the hotline to:
18  (A) the 9-8-8 Suicide and Crisis Lifeline, another
19  suicide prevention hotline, or a qualified mental
20  health professional that can respond to the caller's
21  immediate needs if hotline staff determines that the
22  caller is in danger of harming the caller or others;
23  (B) community-based organizations or
24  community-based providers that can respond to other
25  immediate needs of the caller;
26  (C) a hub site for participation in the Program if

 

 

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1  the caller is a returning resident who consents to
2  such referral and provides the hotline with
3  information necessary to make the referral.
4  The Department shall partner, collaborate, and
5  otherwise work with community-based organizations to
6  develop a plan to publicize and promote this hotline.
7  (7) The Department shall partner, collaborate, and
8  otherwise work with federal correctional facilities
9  located in Illinois, other State agencies, community-based
10  organizations, community-based service providers,
11  religious and other charitable entities, and any other
12  entity it deems necessary to disseminate information about
13  the Program to returning residents and offer them an
14  opportunity to participate in the Program. Other State
15  agencies shall be required to partner, collaborate, and
16  otherwise work with the Department for this purpose.
17  (8) The Program shall be operated at 13 hub sites
18  geographically distributed across the State, including at
19  least one hub site located in or near each of the following
20  areas: Chicago (South Side), Chicago (Northwest and West
21  Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
22  Champaign, Danville, Decatur, Carbondale, East St. Louis,
23  and Alton.
24  (9) The Program's elements shall be delivered at each
25  hub site by community-based organizations, which shall act
26  as the hub site operator under contract with the

 

 

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1  Department, and the community-based organizations. The
2  Department shall not select a community-based organization
3  to deliver the Program's elements to more than 2 hub sites
4  throughout Illinois as a hub site operator, with each
5  community-based organization delivering the Program's
6  elements as a hub site operator at the hub site or hub
7  sites assigned to it by the Department for not less than a
8  3-year period. Those community-based organizations may
9  provide the Program elements as a hub site operator on
10  their own or in whole or part under subcontracts with
11  other community-based providers. The Department shall
12  employ not less than 3 Regional Supervisors to oversee the
13  work of the hub site operators.
14  (10) The Department shall electronically transmit
15  consents and contact information for each returning
16  resident that is referred to or otherwise contacts the
17  Program, to the hub site that services the geographic area
18  in which the returning resident is or expects to be
19  located within 2 business days after the Department
20  receives that information.
21  (11) The Program's elements at each hub site shall
22  consist of the following:
23  (A) Each hub site operator shall develop a network
24  of community-based service providers that provide
25  those services needed by each individual Program
26  participant to avoid incarceration and otherwise

 

 

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1  succeed in life, including, without limitation,
2  pretrial services (including, without limitation,
3  facilitating participation in participatory defense
4  and restorative justice programs and other
5  alternatives to traditional criminal proceedings),
6  education, job preparation and training, skills
7  training, job placement, housing, financial and
8  digital literacy, and physical and behavioral health.
9  (B) Each hub site operator shall employ pretrial
10  navigators at each hub site it operates. Each
11  returning resident who has been detained by law
12  enforcement or is a defendant in a criminal action and
13  who consents to participation in the Program shall be
14  assigned to a pretrial navigator.
15  (C) Law enforcement officers shall allow and
16  facilitate communications and in-person visits between
17  arrestees who have consented to referral to the
18  Program and pretrial navigators assigned to those
19  arrestees.
20  (D) Each hub site operator shall employ reentry
21  navigators at each hub site it operates. Each
22  returning resident who consents to participation in
23  the Program shall be assigned to a reentry navigator.
24  (E) The Department of Corrections shall allow and
25  facilitate communications and in-person visits between
26  returning residents incarcerated in correctional

 

 

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1  facilities operated directly by or under contract with
2  the Department of Corrections and who have consented
3  to referral to the Program and the reentry navigators
4  assigned to those returning residents, for the
5  purposes establishing a seamless transition of those
6  returning residents from the Department of Corrections
7  to the Program upon the returning residents' release
8  from incarceration into the community. Upon the
9  consent of a returning resident, the Department of
10  Corrections shall provide the reentry navigator
11  assigned to the returning resident with all:
12  (i) Medicaid-related information pertaining to
13  the returning resident that was obtained under
14  subsection (a-4) of Section 3-14-1 of the Unified
15  Code of Corrections; and
16  (ii) health care coverage information
17  pertaining to the returning resident that was
18  obtained under subsection (f) of Section 3-14-1 of
19  the Unified Code of Corrections.
20  Upon a returning resident's release from
21  incarceration, the Department of Corrections shall
22  also provide that returning resident with one month's
23  supply of any prescribed medications the returning
24  resident was taking at the time of the returning
25  resident's release.
26  (F) Each county sheriff shall allow and facilitate

 

 

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1  communications and in-person visits between returning
2  residents appearing in courts within that sheriff's
3  jurisdiction or detained in facilities operated
4  directly by or under contract with the county sheriff
5  and who have consented to referral to the Program and
6  the navigators assigned to those returning residents,
7  for the purpose of establishing a seamless transition
8  of those returning residents from those facilities to
9  the Program upon the returning residents' release from
10  detention into the community.
11  (G) Navigators shall be in regular communication
12  with the Program participants assigned to them for the
13  purposes of:
14  (i) assessing that participant's individual
15  needs to avoid recidivating and otherwise succeed
16  in life;
17  (ii) determining what community-based service
18  providers or others are best suited to provide
19  services to the participant that are necessary for
20  that purpose;
21  (iii) maintaining regular and continuing
22  contact with the Program participant for as long
23  as is necessary to ensure that the participant's
24  needs are being met and until the navigator
25  reasonably believes that the participant is not in
26  danger of recidivating and will otherwise maintain

 

 

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1  a healthy and successful life on a continuing
2  basis; and
3  (iv) providing other services that the
4  navigator may be required or authorized to provide
5  under law.
6  (H) Each hub site operator shall endeavor to limit
7  each navigator's active caseload of Program
8  participants assigned to that navigator to not more
9  than 25 returning residents.
10  (I) Each hub site operator shall employ one or
11  more Education Counselors at each hub site it operates
12  to assist pretrial and reentry navigators at that site
13  with obtaining and facilitating educational and
14  education-related financial aid opportunities for
15  Program participants and the presentation of
16  educational programming in correctional and detention
17  facilities. Each hub site shall conduct educational
18  programming for Program participants before, during,
19  and after they have been incarcerated or detained. The
20  Department of Corrections shall allow and facilitate
21  in-person and virtual contact between returning
22  residents incarcerated in correctional facilities
23  operated directly by or under contract with the
24  Department of Corrections and hub site personnel for
25  the purpose of conducting this programming. Each
26  county sheriff shall allow and facilitate in-person

 

 

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1  and virtual contact between returning residents
2  detained in facilities operated directly by or under
3  contract with the county sheriff and hub site
4  personnel for the purpose of conducting this
5  programming.
6  (J) Each hub site operator shall employ one or
7  more housing counselors at each hub site that it
8  operates, to assist pretrial and reentry navigators at
9  that site with housing issues affecting Program
10  participants.
11  (K) Each hub site operator shall employ one or
12  more job developers at each hub site that it operates,
13  to assist pretrial and reentry navigators at that site
14  with employment issues affecting Program participants.
15  (L) Each hub site operator shall employ one or
16  more qualified mental health professionals at each hub
17  site that it operates, to provide behavioral health
18  treatment to Program participants and assist pretrial
19  and reentry navigators at that site with behavioral
20  health issues affecting Program participants. Each hub
21  site operator shall endeavor to limit the caseload of
22  Program participants assigned to each qualified mental
23  health professional for treatment by that qualified
24  mental health professional to 25 Program participants.
25  (M) Each hub site operator shall employ one or
26  more certified alcohol and drug counselors at each hub

 

 

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1  site that it operates to assist pretrial and reentry
2  navigators at that site with substance use issues
3  affecting Program participants. Each hub site operator
4  shall endeavor to limit the caseload of Program
5  participants assigned to each certified alcohol and
6  drug counselor for treatment by that counselor to 25
7  Program participants.
8  (N) Each hub site operator shall employ one or
9  more persons who have been incarcerated to work as
10  certified peer support specialists at each hub site
11  that it operates. Each certified peer support
12  specialist shall assist Program participants with such
13  matters that include, without limitation, articulating
14  goals, developing plans, learning and practicing new
15  skills, monitoring progress, treatment support,
16  effective coping techniques, and self-help strategies,
17  and shall also assist pretrial and reentry navigators
18  at that site with issues affecting Program
19  participants. Each hub site operator shall endeavor to
20  limit the caseload of Program participants assigned to
21  each certified peer support specialist to 25 Program
22  participants.
23  (O) Within 2 years of the date of a hub site
24  operator's contract with the Department to operate a
25  hub site, the hub site operator shall develop and
26  implement a program to train individuals for

 

 

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1  certification as certified alcohol and drug counselors
2  and certified peer support specialists without charge
3  to those individuals. Preference for such training
4  shall be given to persons who have been incarcerated.
5  (P) When making employment decisions regarding the
6  employment of individuals at their hub sites, hub site
7  operators shall give preference to persons who have
8  been incarcerated. Hub site operators shall only
9  employ persons who have been incarcerated as certified
10  peer support specialists.
11  (Q) Hub site operators and the hub sites they
12  operate shall partner, collaborate, and otherwise work
13  together to develop best practices to achieve the
14  purposes of this Act and leverage resources available
15  for those purposes. The Department shall convene
16  in-person meetings or virtual meetings of all hub site
17  operators for this purpose on not less than a monthly
18  basis.
19  (R) The Department and the hub site operators
20  shall operate each hub site in cooperation and
21  geographic proximity with any hub sites that may be
22  operated under the Clean Jobs Workforce Network
23  Program, Clean Energy Contractor Incubator Program,
24  Returning Residents Clean Jobs Training Program,
25  Illinois Climate Works Preapprenticeship Program, or
26  Clean Energy Primes Contractor Accelerator Program.

 

 

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1  Section 50. Metrics and reporting.
2  (a) Each hub site operator shall report the following to
3  the Department on a quarterly basis for Program participants
4  served by the hub site:
5  (1) the total number of Program participants referred
6  to, assessed by, and enrolled in a program by the hub site
7  and total number of those Program participants who
8  successfully completed a program related to their referral
9  to the hub site;
10  (2) pretrial program referrals and 90-day, 180-day,
11  1-year, 2-year, 3-year, and 5-year incarceration or
12  recidivism rates for Program participants referred to
13  those programs, categorized by incarceration or recidivism
14  resulting from:
15  (i) violation of court-imposed restrictions;
16  (ii) alleged commission of a violent crime; and
17  (iii) alleged commission of a non-violent crime;
18  (3) 90-day, 180-day, 1-year, 2-year, 3-year and 5-year
19  recidivism rates for Program participants, categorized by
20  the recidivism resulting from:
21  (i) violation of probation, violation of mandatory
22  supervised release, technical parole violation, or
23  similar activity;
24  (ii) alleged commission of a violent crime; and
25  (iii) alleged commission of a non-violent crime;

 

 

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1  (4) job referrals, job starts, and 30-day, 60-day,
2  90-day, and 365-day job retention data;
3  (5) preapprenticeship training referrals,
4  preapprenticeship training acceptances, apprenticeship
5  program referrals, apprenticeship program acceptances and
6  30-day, 60-day, 90-day, and 365-day job retention data;
7  (6) the number of hours of educational programming
8  provided in correctional or detention facilities and the
9  number of incarcerated or detained individuals attending
10  that programming;
11  (7) educational referrals and placements, including,
12  without limitation, referrals to and placements in high
13  school equivalency programs, postsecondary educational
14  classes, and vocational classes;
15  (8) housing referrals, housing placements 30-day,
16  60-day, 90-day, and 365-day housing retention data,
17  categorized by transitional housing and permanent housing;
18  (9) non-hospital admission medical referrals,
19  non-hospital admission medical placements; hospital
20  admission referrals, hospital admission placements;
21  (10) behavioral health service referrals, behavioral
22  health assessments, behavioral health program enrollments,
23  and successful completions of behavioral health programs;
24  (11) substance or alcohol use referrals, substance or
25  alcohol use assessments, substance or alcohol use
26  treatment enrollments, and successful completions of

 

 

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1  substance or alcohol use treatment programs;
2  (12) referrals to other community-based service
3  providers and placements with those providers, categorized
4  by provider;
5  (13) financial expenditures for the operation of the
6  Program, itemized by categories, which shall be determined
7  by the Department; and
8  (14) such other information as the Department may
9  require.
10  (b) To facilitate the reporting required under this
11  Section that pertains to incarcerations or recidivism, the
12  Department of Corrections shall, on a monthly basis, provide
13  the Department with the identity of all individuals who were
14  taken into the custody of the Department of Corrections during
15  the previous month. The Department of Corrections shall also
16  provide the Department with such other information as the
17  Department reasonably requires for reporting purposes or to
18  otherwise implement or conduct the Program.
19  (c) The Department shall make the reports provided to it
20  by the hub site operators under this Section available on the
21  Department's website.
22  (d) The Department shall make an annual report to the
23  Governor and General Assembly that includes cumulative data
24  that reflects the information provided to the Department under
25  this Section.
26  (e) The Department shall annually perform an analysis of

 

 

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1  the financial costs and benefits of the Department's programs
2  and other programs that support or otherwise relate to
3  returning residents. This analysis shall include, at a
4  minimum, the financial impact of returning resident education,
5  training and employment programs and other returning resident
6  programs, the net tax revenues to the State and its political
7  subdivisions that result from returning resident programs, the
8  reduction in public assistance to returning residents that
9  results from returning resident programs, and such other
10  similar financial costs and benefits as the Director deems
11  necessary to analyze. The Governor's Office of Management and
12  Budget shall be the lead agency to provide principal support
13  to the Department for this analysis. All other State agencies
14  shall provide such information as the Department deems
15  reasonably necessary for this analysis and shall assist with
16  it. The Department shall report the findings of this analysis
17  to the General Assembly and the Governor and shall publish
18  those findings on its website.
19  Section 55. Privilege for communications by returning
20  residents.
21  (a) Except as provided in subsection (c), anything said or
22  done by an arrestee or Program participant as part of, in
23  anticipation of or as a follow-up to that that individual's
24  participation in the Program shall be privileged, shall not be
25  disclosed and may not be used in any pending or future civil,

 

 

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1  criminal, juvenile, court, administrative, or other proceeding
2  unless the privilege is waived in writing by the individual
3  covered by the privilege after the individual's informed
4  consent.
5  (b) Any waiver of privilege provided by this Section is
6  limited to the participation and communication of the waiving
7  party only, and the participation or communications of any
8  other arrestee or Program participant shall remain privileged
9  unless waived by the other individual.
10  (c) The privilege afforded by this Section does not apply
11  if disclosure is necessary to prevent death, great bodily
12  harm, or the commission of a crime.
13  Section 60. Prohibition on relationships with for-profit
14  correctional entities.
15  (a) Neither the Department nor any hub site operator shall
16  enter into a contractual or other financial, service, or
17  volunteer relationship with and shall not pay any money or
18  provide any other form of consideration to:
19  (1) a for-profit correctional entity;
20  (2) a person or entity that directly, indirectly, or
21  beneficially, in the name of the person or entity or in the
22  name of a nominee, has an ownership interest in or other
23  form of control over more than 7 1/2% of a for-profit
24  correctional entity;
25  (3) an entity where a person or entity described in

 

 

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1  paragraph (1) or (2) directly, indirectly, or
2  beneficially, in the name of the person or entity or in the
3  name of a nominee, has an ownership interest in or other
4  form of control over more than 7 1/2%;
5  (4) an entity where a person described in paragraph
6  (2) is an officer, director, trustee, administrator, or
7  employee;
8  (5) a person who is or has been an officer, director,
9  trustee, administrator, or employee of a for-profit
10  correctional entity;
11  (6) an entity where a person described in paragraph
12  (5) is an officer, director, trustee, administrator, or
13  employee;
14  (7) an entity in which a for-profit correctional
15  entity, directly, indirectly, or beneficially, in its own
16  name or in the name of a nominee, has an ownership interest
17  in or other form of control over more than 7 1/2%;
18  (8) a non-profit entity that was or is organized by,
19  operated by, or funded in part by, or has as an officer,
20  director, trustee, administrator, or employee, any person
21  or entity described in paragraphs (1) through (7).
22  (b) A hub site operator shall not assign or otherwise
23  transfer any of its powers, duties, or obligations that are
24  set forth in this Act or any agreement it enters into under
25  this Act to any person or entity described in subsection (a).
26  The Department, any officer, director, administrator, or

 

 

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1  employee of the Department, a hub site operator or any
2  officer, director, trustee, administrator, or employee shall
3  not refer a returning resident for any service whatsoever to a
4  person or entity described in paragraphs (1) through (7) of
5  subsection (a).
6  (c) Each party to any contract, agreement, memorandum of
7  understanding, or similar instrument with the Department or a
8  hub site operator shall certify in writing that, under penalty
9  of perjury, the party has performed due diligence to determine
10  whether the party complies with this Section and, after
11  performing that due diligence, has determined that the party
12  complies with this Section.
13  (d) Each employee of the Department and each hub site
14  operator shall certify in writing that, under penalty of
15  perjury, the employee or operator performed due diligence to
16  determine whether the employee or operator complies with this
17  Section and, after performing that due diligence, has
18  determined that the employee or operator complies with this
19  Section.
20  Section 65. Returning Residents Interagency Council. The
21  Returning Residents Interagency Council is established to
22  identify the manner in which State officials and agencies can
23  designate, allocate, and coordinate the use of their resources
24  to best support the needs of returning residents. The Director
25  shall be the chair of the Council. Each of the following shall

 

 

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1  appoint an employee from that office as a representative to
2  the Council:
3  (1) The Governor.
4  (2) The Attorney General.
5  (3) The Chief Justice of the Supreme Court.
6  (4) The Department on Aging.
7  (5) The Department of Agriculture.
8  (6) The Department of Central Management Services.
9  (7) The Department of Children and Family Services.
10  (8) The Department of Commerce and Economic
11  Opportunity.
12  (9) The Department of Corrections.
13  (10) The Department of Employment Security.
14  (11) The Department of Financial and Professional
15  Regulation.
16  (12) The Department of Healthcare and Family Services.
17  (13) The Department of Human Services.
18  (14) The Department of Innovation and Technology.
19  (15) The Department of Insurance.
20  (16) The Department of Labor.
21  (17) The Department of Public Health.
22  (18) The Department of Revenue.
23  (19) The Department of Transportation.
24  (20) The Department of Veterans' Affairs.
25  (21) The Governor's Office of Management and Budget.
26  (22) The Illinois Community College Board.

 

 

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1  (23) The Illinois Criminal Justice Information
2  Authority.
3  (24) The Illinois Finance Authority.
4  (25) The Illinois Housing Development Authority.
5  (26) The State Board of Higher Education.
6  (27) The Illinois State Police.
7  (28) The Secretary of State.
8  (29) The State Superintendent of Education.
9  (30) The State Treasurer.
10  (31) The sheriffs of the counties where the hubs
11  created pursuant to this Act are located.
12  (32) The Illinois Association of Court Clerks.
13  (33) The Illinois State's Attorneys Association.
14  (34) The Illinois Association of Chiefs of Police.
15  The Director may appoint other persons to the Council as
16  the Director determines necessary. The Council shall meet no
17  less than quarterly in places determined by the Director. The
18  Department shall provide the support and assistance needed by
19  the Council.
20  Section 75. Provisions of Act mandatory. Subject only to
21  appropriation, the provisions of this Act are mandatory and
22  shall not be considered to be directory or discretionary.
23  Section 905. The Freedom of Information Act is amended by
24  changing Section 7 as follows:

 

 

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1  (5 ILCS 140/7)
2  (Text of Section before amendment by P.A. 102-982)
3  Sec. 7. Exemptions.
4  (1) When a request is made to inspect or copy a public
5  record that contains information that is exempt from
6  disclosure under this Section, but also contains information
7  that is not exempt from disclosure, the public body may elect
8  to redact the information that is exempt. The public body
9  shall make the remaining information available for inspection
10  and copying. Subject to this requirement, the following shall
11  be exempt from inspection and copying:
12  (a) Information specifically prohibited from
13  disclosure by federal or State law or rules and
14  regulations implementing federal or State law.
15  (b) Private information, unless disclosure is required
16  by another provision of this Act, a State or federal law,
17  or a court order.
18  (b-5) Files, documents, and other data or databases
19  maintained by one or more law enforcement agencies and
20  specifically designed to provide information to one or
21  more law enforcement agencies regarding the physical or
22  mental status of one or more individual subjects.
23  (c) Personal information contained within public
24  records, the disclosure of which would constitute a
25  clearly unwarranted invasion of personal privacy, unless

 

 

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1  the disclosure is consented to in writing by the
2  individual subjects of the information. "Unwarranted
3  invasion of personal privacy" means the disclosure of
4  information that is highly personal or objectionable to a
5  reasonable person and in which the subject's right to
6  privacy outweighs any legitimate public interest in
7  obtaining the information. The disclosure of information
8  that bears on the public duties of public employees and
9  officials shall not be considered an invasion of personal
10  privacy.
11  (d) Records in the possession of any public body
12  created in the course of administrative enforcement
13  proceedings, and any law enforcement or correctional
14  agency for law enforcement purposes, but only to the
15  extent that disclosure would:
16  (i) interfere with pending or actually and
17  reasonably contemplated law enforcement proceedings
18  conducted by any law enforcement or correctional
19  agency that is the recipient of the request;
20  (ii) interfere with active administrative
21  enforcement proceedings conducted by the public body
22  that is the recipient of the request;
23  (iii) create a substantial likelihood that a
24  person will be deprived of a fair trial or an impartial
25  hearing;
26  (iv) unavoidably disclose the identity of a

 

 

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1  confidential source, confidential information
2  furnished only by the confidential source, or persons
3  who file complaints with or provide information to
4  administrative, investigative, law enforcement, or
5  penal agencies; except that the identities of
6  witnesses to traffic accidents, traffic accident
7  reports, and rescue reports shall be provided by
8  agencies of local government, except when disclosure
9  would interfere with an active criminal investigation
10  conducted by the agency that is the recipient of the
11  request;
12  (v) disclose unique or specialized investigative
13  techniques other than those generally used and known
14  or disclose internal documents of correctional
15  agencies related to detection, observation, or
16  investigation of incidents of crime or misconduct, and
17  disclosure would result in demonstrable harm to the
18  agency or public body that is the recipient of the
19  request;
20  (vi) endanger the life or physical safety of law
21  enforcement personnel or any other person; or
22  (vii) obstruct an ongoing criminal investigation
23  by the agency that is the recipient of the request.
24  (d-5) A law enforcement record created for law
25  enforcement purposes and contained in a shared electronic
26  record management system if the law enforcement agency

 

 

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1  that is the recipient of the request did not create the
2  record, did not participate in or have a role in any of the
3  events which are the subject of the record, and only has
4  access to the record through the shared electronic record
5  management system.
6  (d-6) Records contained in the Officer Professional
7  Conduct Database under Section 9.2 of the Illinois Police
8  Training Act, except to the extent authorized under that
9  Section. This includes the documents supplied to the
10  Illinois Law Enforcement Training Standards Board from the
11  Illinois State Police and Illinois State Police Merit
12  Board.
13  (e) Records that relate to or affect the security of
14  correctional institutions and detention facilities.
15  (e-5) Records requested by persons committed to the
16  Department of Corrections, Department of Human Services
17  Division of Mental Health, or a county jail if those
18  materials are available in the library of the correctional
19  institution or facility or jail where the inmate is
20  confined.
21  (e-6) Records requested by persons committed to the
22  Department of Corrections, Department of Human Services
23  Division of Mental Health, or a county jail if those
24  materials include records from staff members' personnel
25  files, staff rosters, or other staffing assignment
26  information.

 

 

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1  (e-7) Records requested by persons committed to the
2  Department of Corrections or Department of Human Services
3  Division of Mental Health if those materials are available
4  through an administrative request to the Department of
5  Corrections or Department of Human Services Division of
6  Mental Health.
7  (e-8) Records requested by a person committed to the
8  Department of Corrections, Department of Human Services
9  Division of Mental Health, or a county jail, the
10  disclosure of which would result in the risk of harm to any
11  person or the risk of an escape from a jail or correctional
12  institution or facility.
13  (e-9) Records requested by a person in a county jail
14  or committed to the Department of Corrections or
15  Department of Human Services Division of Mental Health,
16  containing personal information pertaining to the person's
17  victim or the victim's family, including, but not limited
18  to, a victim's home address, home telephone number, work
19  or school address, work telephone number, social security
20  number, or any other identifying information, except as
21  may be relevant to a requester's current or potential case
22  or claim.
23  (e-10) Law enforcement records of other persons
24  requested by a person committed to the Department of
25  Corrections, Department of Human Services Division of
26  Mental Health, or a county jail, including, but not

 

 

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1  limited to, arrest and booking records, mug shots, and
2  crime scene photographs, except as these records may be
3  relevant to the requester's current or potential case or
4  claim.
5  (f) Preliminary drafts, notes, recommendations,
6  memoranda, and other records in which opinions are
7  expressed, or policies or actions are formulated, except
8  that a specific record or relevant portion of a record
9  shall not be exempt when the record is publicly cited and
10  identified by the head of the public body. The exemption
11  provided in this paragraph (f) extends to all those
12  records of officers and agencies of the General Assembly
13  that pertain to the preparation of legislative documents.
14  (g) Trade secrets and commercial or financial
15  information obtained from a person or business where the
16  trade secrets or commercial or financial information are
17  furnished under a claim that they are proprietary,
18  privileged, or confidential, and that disclosure of the
19  trade secrets or commercial or financial information would
20  cause competitive harm to the person or business, and only
21  insofar as the claim directly applies to the records
22  requested.
23  The information included under this exemption includes
24  all trade secrets and commercial or financial information
25  obtained by a public body, including a public pension
26  fund, from a private equity fund or a privately held

 

 

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1  company within the investment portfolio of a private
2  equity fund as a result of either investing or evaluating
3  a potential investment of public funds in a private equity
4  fund. The exemption contained in this item does not apply
5  to the aggregate financial performance information of a
6  private equity fund, nor to the identity of the fund's
7  managers or general partners. The exemption contained in
8  this item does not apply to the identity of a privately
9  held company within the investment portfolio of a private
10  equity fund, unless the disclosure of the identity of a
11  privately held company may cause competitive harm.
12  Nothing contained in this paragraph (g) shall be
13  construed to prevent a person or business from consenting
14  to disclosure.
15  (h) Proposals and bids for any contract, grant, or
16  agreement, including information which if it were
17  disclosed would frustrate procurement or give an advantage
18  to any person proposing to enter into a contractor
19  agreement with the body, until an award or final selection
20  is made. Information prepared by or for the body in
21  preparation of a bid solicitation shall be exempt until an
22  award or final selection is made.
23  (i) Valuable formulae, computer geographic systems,
24  designs, drawings, and research data obtained or produced
25  by any public body when disclosure could reasonably be
26  expected to produce private gain or public loss. The

 

 

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1  exemption for "computer geographic systems" provided in
2  this paragraph (i) does not extend to requests made by
3  news media as defined in Section 2 of this Act when the
4  requested information is not otherwise exempt and the only
5  purpose of the request is to access and disseminate
6  information regarding the health, safety, welfare, or
7  legal rights of the general public.
8  (j) The following information pertaining to
9  educational matters:
10  (i) test questions, scoring keys, and other
11  examination data used to administer an academic
12  examination;
13  (ii) information received by a primary or
14  secondary school, college, or university under its
15  procedures for the evaluation of faculty members by
16  their academic peers;
17  (iii) information concerning a school or
18  university's adjudication of student disciplinary
19  cases, but only to the extent that disclosure would
20  unavoidably reveal the identity of the student; and
21  (iv) course materials or research materials used
22  by faculty members.
23  (k) Architects' plans, engineers' technical
24  submissions, and other construction related technical
25  documents for projects not constructed or developed in
26  whole or in part with public funds and the same for

 

 

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1  projects constructed or developed with public funds,
2  including, but not limited to, power generating and
3  distribution stations and other transmission and
4  distribution facilities, water treatment facilities,
5  airport facilities, sport stadiums, convention centers,
6  and all government owned, operated, or occupied buildings,
7  but only to the extent that disclosure would compromise
8  security.
9  (l) Minutes of meetings of public bodies closed to the
10  public as provided in the Open Meetings Act until the
11  public body makes the minutes available to the public
12  under Section 2.06 of the Open Meetings Act.
13  (m) Communications between a public body and an
14  attorney or auditor representing the public body that
15  would not be subject to discovery in litigation, and
16  materials prepared or compiled by or for a public body in
17  anticipation of a criminal, civil, or administrative
18  proceeding upon the request of an attorney advising the
19  public body, and materials prepared or compiled with
20  respect to internal audits of public bodies.
21  (n) Records relating to a public body's adjudication
22  of employee grievances or disciplinary cases; however,
23  this exemption shall not extend to the final outcome of
24  cases in which discipline is imposed.
25  (o) Administrative or technical information associated
26  with automated data processing operations, including, but

 

 

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1  not limited to, software, operating protocols, computer
2  program abstracts, file layouts, source listings, object
3  modules, load modules, user guides, documentation
4  pertaining to all logical and physical design of
5  computerized systems, employee manuals, and any other
6  information that, if disclosed, would jeopardize the
7  security of the system or its data or the security of
8  materials exempt under this Section.
9  (p) Records relating to collective negotiating matters
10  between public bodies and their employees or
11  representatives, except that any final contract or
12  agreement shall be subject to inspection and copying.
13  (q) Test questions, scoring keys, and other
14  examination data used to determine the qualifications of
15  an applicant for a license or employment.
16  (r) The records, documents, and information relating
17  to real estate purchase negotiations until those
18  negotiations have been completed or otherwise terminated.
19  With regard to a parcel involved in a pending or actually
20  and reasonably contemplated eminent domain proceeding
21  under the Eminent Domain Act, records, documents, and
22  information relating to that parcel shall be exempt except
23  as may be allowed under discovery rules adopted by the
24  Illinois Supreme Court. The records, documents, and
25  information relating to a real estate sale shall be exempt
26  until a sale is consummated.

 

 

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1  (s) Any and all proprietary information and records
2  related to the operation of an intergovernmental risk
3  management association or self-insurance pool or jointly
4  self-administered health and accident cooperative or pool.
5  Insurance or self-insurance self insurance (including any
6  intergovernmental risk management association or
7  self-insurance self insurance pool) claims, loss or risk
8  management information, records, data, advice, or
9  communications.
10  (t) Information contained in or related to
11  examination, operating, or condition reports prepared by,
12  on behalf of, or for the use of a public body responsible
13  for the regulation or supervision of financial
14  institutions, insurance companies, or pharmacy benefit
15  managers, unless disclosure is otherwise required by State
16  law.
17  (u) Information that would disclose or might lead to
18  the disclosure of secret or confidential information,
19  codes, algorithms, programs, or private keys intended to
20  be used to create electronic signatures under the Uniform
21  Electronic Transactions Act.
22  (v) Vulnerability assessments, security measures, and
23  response policies or plans that are designed to identify,
24  prevent, or respond to potential attacks upon a
25  community's population or systems, facilities, or
26  installations, but only to the extent that disclosure

 

 

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1  could reasonably be expected to expose the vulnerability
2  or jeopardize the effectiveness of the measures, policies,
3  or plans, or the safety of the personnel who implement
4  them or the public. Information exempt under this item may
5  include such things as details pertaining to the
6  mobilization or deployment of personnel or equipment, to
7  the operation of communication systems or protocols, to
8  cybersecurity vulnerabilities, or to tactical operations.
9  (w) (Blank).
10  (x) Maps and other records regarding the location or
11  security of generation, transmission, distribution,
12  storage, gathering, treatment, or switching facilities
13  owned by a utility, by a power generator, or by the
14  Illinois Power Agency.
15  (y) Information contained in or related to proposals,
16  bids, or negotiations related to electric power
17  procurement under Section 1-75 of the Illinois Power
18  Agency Act and Section 16-111.5 of the Public Utilities
19  Act that is determined to be confidential and proprietary
20  by the Illinois Power Agency or by the Illinois Commerce
21  Commission.
22  (z) Information about students exempted from
23  disclosure under Section Sections 10-20.38 or 34-18.29 of
24  the School Code, and information about undergraduate
25  students enrolled at an institution of higher education
26  exempted from disclosure under Section 25 of the Illinois

 

 

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1  Credit Card Marketing Act of 2009.
2  (aa) Information the disclosure of which is exempted
3  under the Viatical Settlements Act of 2009.
4  (bb) Records and information provided to a mortality
5  review team and records maintained by a mortality review
6  team appointed under the Department of Juvenile Justice
7  Mortality Review Team Act.
8  (cc) Information regarding interments, entombments, or
9  inurnments of human remains that are submitted to the
10  Cemetery Oversight Database under the Cemetery Care Act or
11  the Cemetery Oversight Act, whichever is applicable.
12  (dd) Correspondence and records (i) that may not be
13  disclosed under Section 11-9 of the Illinois Public Aid
14  Code or (ii) that pertain to appeals under Section 11-8 of
15  the Illinois Public Aid Code.
16  (ee) The names, addresses, or other personal
17  information of persons who are minors and are also
18  participants and registrants in programs of park
19  districts, forest preserve districts, conservation
20  districts, recreation agencies, and special recreation
21  associations.
22  (ff) The names, addresses, or other personal
23  information of participants and registrants in programs of
24  park districts, forest preserve districts, conservation
25  districts, recreation agencies, and special recreation
26  associations where such programs are targeted primarily to

 

 

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1  minors.
2  (gg) Confidential information described in Section
3  1-100 of the Illinois Independent Tax Tribunal Act of
4  2012.
5  (hh) The report submitted to the State Board of
6  Education by the School Security and Standards Task Force
7  under item (8) of subsection (d) of Section 2-3.160 of the
8  School Code and any information contained in that report.
9  (ii) Records requested by persons committed to or
10  detained by the Department of Human Services under the
11  Sexually Violent Persons Commitment Act or committed to
12  the Department of Corrections under the Sexually Dangerous
13  Persons Act if those materials: (i) are available in the
14  library of the facility where the individual is confined;
15  (ii) include records from staff members' personnel files,
16  staff rosters, or other staffing assignment information;
17  or (iii) are available through an administrative request
18  to the Department of Human Services or the Department of
19  Corrections.
20  (jj) Confidential information described in Section
21  5-535 of the Civil Administrative Code of Illinois.
22  (kk) The public body's credit card numbers, debit card
23  numbers, bank account numbers, Federal Employer
24  Identification Number, security code numbers, passwords,
25  and similar account information, the disclosure of which
26  could result in identity theft or impression or defrauding

 

 

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1  of a governmental entity or a person.
2  (ll) Records concerning the work of the threat
3  assessment team of a school district, including, but not
4  limited to, any threat assessment procedure under the
5  School Safety Drill Act and any information contained in
6  the procedure.
7  (mm) Information prohibited from being disclosed under
8  subsections (a) and (b) of Section 15 of the Student
9  Confidential Reporting Act.
10  (nn) (mm) Proprietary information submitted to the
11  Environmental Protection Agency under the Drug Take-Back
12  Act.
13  (oo) (mm) Records described in subsection (f) of
14  Section 3-5-1 of the Unified Code of Corrections.
15  (pp) Records reflecting or otherwise pertaining to
16  anything said or done by a returning resident (as that
17  term is defined in the Second Chance Public Health and
18  Safety Act) as part of, in anticipation of or as a
19  follow-up to that returning resident's participation in
20  the Second Chance State Program set forth in the Second
21  Chance Public Health and Safety Act or any other program
22  conducted by the Department of Returning Resident Affairs.
23  (1.5) Any information exempt from disclosure under the
24  Judicial Privacy Act shall be redacted from public records
25  prior to disclosure under this Act.
26  (2) A public record that is not in the possession of a

 

 

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1  public body but is in the possession of a party with whom the
2  agency has contracted to perform a governmental function on
3  behalf of the public body, and that directly relates to the
4  governmental function and is not otherwise exempt under this
5  Act, shall be considered a public record of the public body,
6  for purposes of this Act.
7  (3) This Section does not authorize withholding of
8  information or limit the availability of records to the
9  public, except as stated in this Section or otherwise provided
10  in this Act.
11  (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
12  101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
13  6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
14  eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
15  102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
16  12-13-22.)
17  (Text of Section after amendment by P.A. 102-982)
18  Sec. 7. Exemptions.
19  (1) When a request is made to inspect or copy a public
20  record that contains information that is exempt from
21  disclosure under this Section, but also contains information
22  that is not exempt from disclosure, the public body may elect
23  to redact the information that is exempt. The public body
24  shall make the remaining information available for inspection
25  and copying. Subject to this requirement, the following shall

 

 

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1  be exempt from inspection and copying:
2  (a) Information specifically prohibited from
3  disclosure by federal or State law or rules and
4  regulations implementing federal or State law.
5  (b) Private information, unless disclosure is required
6  by another provision of this Act, a State or federal law,
7  or a court order.
8  (b-5) Files, documents, and other data or databases
9  maintained by one or more law enforcement agencies and
10  specifically designed to provide information to one or
11  more law enforcement agencies regarding the physical or
12  mental status of one or more individual subjects.
13  (c) Personal information contained within public
14  records, the disclosure of which would constitute a
15  clearly unwarranted invasion of personal privacy, unless
16  the disclosure is consented to in writing by the
17  individual subjects of the information. "Unwarranted
18  invasion of personal privacy" means the disclosure of
19  information that is highly personal or objectionable to a
20  reasonable person and in which the subject's right to
21  privacy outweighs any legitimate public interest in
22  obtaining the information. The disclosure of information
23  that bears on the public duties of public employees and
24  officials shall not be considered an invasion of personal
25  privacy.
26  (d) Records in the possession of any public body

 

 

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1  created in the course of administrative enforcement
2  proceedings, and any law enforcement or correctional
3  agency for law enforcement purposes, but only to the
4  extent that disclosure would:
5  (i) interfere with pending or actually and
6  reasonably contemplated law enforcement proceedings
7  conducted by any law enforcement or correctional
8  agency that is the recipient of the request;
9  (ii) interfere with active administrative
10  enforcement proceedings conducted by the public body
11  that is the recipient of the request;
12  (iii) create a substantial likelihood that a
13  person will be deprived of a fair trial or an impartial
14  hearing;
15  (iv) unavoidably disclose the identity of a
16  confidential source, confidential information
17  furnished only by the confidential source, or persons
18  who file complaints with or provide information to
19  administrative, investigative, law enforcement, or
20  penal agencies; except that the identities of
21  witnesses to traffic crashes, traffic crash reports,
22  and rescue reports shall be provided by agencies of
23  local government, except when disclosure would
24  interfere with an active criminal investigation
25  conducted by the agency that is the recipient of the
26  request;

 

 

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1  (v) disclose unique or specialized investigative
2  techniques other than those generally used and known
3  or disclose internal documents of correctional
4  agencies related to detection, observation, or
5  investigation of incidents of crime or misconduct, and
6  disclosure would result in demonstrable harm to the
7  agency or public body that is the recipient of the
8  request;
9  (vi) endanger the life or physical safety of law
10  enforcement personnel or any other person; or
11  (vii) obstruct an ongoing criminal investigation
12  by the agency that is the recipient of the request.
13  (d-5) A law enforcement record created for law
14  enforcement purposes and contained in a shared electronic
15  record management system if the law enforcement agency
16  that is the recipient of the request did not create the
17  record, did not participate in or have a role in any of the
18  events which are the subject of the record, and only has
19  access to the record through the shared electronic record
20  management system.
21  (d-6) Records contained in the Officer Professional
22  Conduct Database under Section 9.2 of the Illinois Police
23  Training Act, except to the extent authorized under that
24  Section. This includes the documents supplied to the
25  Illinois Law Enforcement Training Standards Board from the
26  Illinois State Police and Illinois State Police Merit

 

 

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1  Board.
2  (e) Records that relate to or affect the security of
3  correctional institutions and detention facilities.
4  (e-5) Records requested by persons committed to the
5  Department of Corrections, Department of Human Services
6  Division of Mental Health, or a county jail if those
7  materials are available in the library of the correctional
8  institution or facility or jail where the inmate is
9  confined.
10  (e-6) Records requested by persons committed to the
11  Department of Corrections, Department of Human Services
12  Division of Mental Health, or a county jail if those
13  materials include records from staff members' personnel
14  files, staff rosters, or other staffing assignment
15  information.
16  (e-7) Records requested by persons committed to the
17  Department of Corrections or Department of Human Services
18  Division of Mental Health if those materials are available
19  through an administrative request to the Department of
20  Corrections or Department of Human Services Division of
21  Mental Health.
22  (e-8) Records requested by a person committed to the
23  Department of Corrections, Department of Human Services
24  Division of Mental Health, or a county jail, the
25  disclosure of which would result in the risk of harm to any
26  person or the risk of an escape from a jail or correctional

 

 

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1  institution or facility.
2  (e-9) Records requested by a person in a county jail
3  or committed to the Department of Corrections or
4  Department of Human Services Division of Mental Health,
5  containing personal information pertaining to the person's
6  victim or the victim's family, including, but not limited
7  to, a victim's home address, home telephone number, work
8  or school address, work telephone number, social security
9  number, or any other identifying information, except as
10  may be relevant to a requester's current or potential case
11  or claim.
12  (e-10) Law enforcement records of other persons
13  requested by a person committed to the Department of
14  Corrections, Department of Human Services Division of
15  Mental Health, or a county jail, including, but not
16  limited to, arrest and booking records, mug shots, and
17  crime scene photographs, except as these records may be
18  relevant to the requester's current or potential case or
19  claim.
20  (f) Preliminary drafts, notes, recommendations,
21  memoranda, and other records in which opinions are
22  expressed, or policies or actions are formulated, except
23  that a specific record or relevant portion of a record
24  shall not be exempt when the record is publicly cited and
25  identified by the head of the public body. The exemption
26  provided in this paragraph (f) extends to all those

 

 

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1  records of officers and agencies of the General Assembly
2  that pertain to the preparation of legislative documents.
3  (g) Trade secrets and commercial or financial
4  information obtained from a person or business where the
5  trade secrets or commercial or financial information are
6  furnished under a claim that they are proprietary,
7  privileged, or confidential, and that disclosure of the
8  trade secrets or commercial or financial information would
9  cause competitive harm to the person or business, and only
10  insofar as the claim directly applies to the records
11  requested.
12  The information included under this exemption includes
13  all trade secrets and commercial or financial information
14  obtained by a public body, including a public pension
15  fund, from a private equity fund or a privately held
16  company within the investment portfolio of a private
17  equity fund as a result of either investing or evaluating
18  a potential investment of public funds in a private equity
19  fund. The exemption contained in this item does not apply
20  to the aggregate financial performance information of a
21  private equity fund, nor to the identity of the fund's
22  managers or general partners. The exemption contained in
23  this item does not apply to the identity of a privately
24  held company within the investment portfolio of a private
25  equity fund, unless the disclosure of the identity of a
26  privately held company may cause competitive harm.

 

 

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1  Nothing contained in this paragraph (g) shall be
2  construed to prevent a person or business from consenting
3  to disclosure.
4  (h) Proposals and bids for any contract, grant, or
5  agreement, including information which if it were
6  disclosed would frustrate procurement or give an advantage
7  to any person proposing to enter into a contractor
8  agreement with the body, until an award or final selection
9  is made. Information prepared by or for the body in
10  preparation of a bid solicitation shall be exempt until an
11  award or final selection is made.
12  (i) Valuable formulae, computer geographic systems,
13  designs, drawings, and research data obtained or produced
14  by any public body when disclosure could reasonably be
15  expected to produce private gain or public loss. The
16  exemption for "computer geographic systems" provided in
17  this paragraph (i) does not extend to requests made by
18  news media as defined in Section 2 of this Act when the
19  requested information is not otherwise exempt and the only
20  purpose of the request is to access and disseminate
21  information regarding the health, safety, welfare, or
22  legal rights of the general public.
23  (j) The following information pertaining to
24  educational matters:
25  (i) test questions, scoring keys, and other
26  examination data used to administer an academic

 

 

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1  examination;
2  (ii) information received by a primary or
3  secondary school, college, or university under its
4  procedures for the evaluation of faculty members by
5  their academic peers;
6  (iii) information concerning a school or
7  university's adjudication of student disciplinary
8  cases, but only to the extent that disclosure would
9  unavoidably reveal the identity of the student; and
10  (iv) course materials or research materials used
11  by faculty members.
12  (k) Architects' plans, engineers' technical
13  submissions, and other construction related technical
14  documents for projects not constructed or developed in
15  whole or in part with public funds and the same for
16  projects constructed or developed with public funds,
17  including, but not limited to, power generating and
18  distribution stations and other transmission and
19  distribution facilities, water treatment facilities,
20  airport facilities, sport stadiums, convention centers,
21  and all government owned, operated, or occupied buildings,
22  but only to the extent that disclosure would compromise
23  security.
24  (l) Minutes of meetings of public bodies closed to the
25  public as provided in the Open Meetings Act until the
26  public body makes the minutes available to the public

 

 

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1  under Section 2.06 of the Open Meetings Act.
2  (m) Communications between a public body and an
3  attorney or auditor representing the public body that
4  would not be subject to discovery in litigation, and
5  materials prepared or compiled by or for a public body in
6  anticipation of a criminal, civil, or administrative
7  proceeding upon the request of an attorney advising the
8  public body, and materials prepared or compiled with
9  respect to internal audits of public bodies.
10  (n) Records relating to a public body's adjudication
11  of employee grievances or disciplinary cases; however,
12  this exemption shall not extend to the final outcome of
13  cases in which discipline is imposed.
14  (o) Administrative or technical information associated
15  with automated data processing operations, including, but
16  not limited to, software, operating protocols, computer
17  program abstracts, file layouts, source listings, object
18  modules, load modules, user guides, documentation
19  pertaining to all logical and physical design of
20  computerized systems, employee manuals, and any other
21  information that, if disclosed, would jeopardize the
22  security of the system or its data or the security of
23  materials exempt under this Section.
24  (p) Records relating to collective negotiating matters
25  between public bodies and their employees or
26  representatives, except that any final contract or

 

 

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1  agreement shall be subject to inspection and copying.
2  (q) Test questions, scoring keys, and other
3  examination data used to determine the qualifications of
4  an applicant for a license or employment.
5  (r) The records, documents, and information relating
6  to real estate purchase negotiations until those
7  negotiations have been completed or otherwise terminated.
8  With regard to a parcel involved in a pending or actually
9  and reasonably contemplated eminent domain proceeding
10  under the Eminent Domain Act, records, documents, and
11  information relating to that parcel shall be exempt except
12  as may be allowed under discovery rules adopted by the
13  Illinois Supreme Court. The records, documents, and
14  information relating to a real estate sale shall be exempt
15  until a sale is consummated.
16  (s) Any and all proprietary information and records
17  related to the operation of an intergovernmental risk
18  management association or self-insurance pool or jointly
19  self-administered health and accident cooperative or pool.
20  Insurance or self-insurance self insurance (including any
21  intergovernmental risk management association or
22  self-insurance self insurance pool) claims, loss or risk
23  management information, records, data, advice, or
24  communications.
25  (t) Information contained in or related to
26  examination, operating, or condition reports prepared by,

 

 

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1  on behalf of, or for the use of a public body responsible
2  for the regulation or supervision of financial
3  institutions, insurance companies, or pharmacy benefit
4  managers, unless disclosure is otherwise required by State
5  law.
6  (u) Information that would disclose or might lead to
7  the disclosure of secret or confidential information,
8  codes, algorithms, programs, or private keys intended to
9  be used to create electronic signatures under the Uniform
10  Electronic Transactions Act.
11  (v) Vulnerability assessments, security measures, and
12  response policies or plans that are designed to identify,
13  prevent, or respond to potential attacks upon a
14  community's population or systems, facilities, or
15  installations, but only to the extent that disclosure
16  could reasonably be expected to expose the vulnerability
17  or jeopardize the effectiveness of the measures, policies,
18  or plans, or the safety of the personnel who implement
19  them or the public. Information exempt under this item may
20  include such things as details pertaining to the
21  mobilization or deployment of personnel or equipment, to
22  the operation of communication systems or protocols, to
23  cybersecurity vulnerabilities, or to tactical operations.
24  (w) (Blank).
25  (x) Maps and other records regarding the location or
26  security of generation, transmission, distribution,

 

 

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1  storage, gathering, treatment, or switching facilities
2  owned by a utility, by a power generator, or by the
3  Illinois Power Agency.
4  (y) Information contained in or related to proposals,
5  bids, or negotiations related to electric power
6  procurement under Section 1-75 of the Illinois Power
7  Agency Act and Section 16-111.5 of the Public Utilities
8  Act that is determined to be confidential and proprietary
9  by the Illinois Power Agency or by the Illinois Commerce
10  Commission.
11  (z) Information about students exempted from
12  disclosure under Section Sections 10-20.38 or 34-18.29 of
13  the School Code, and information about undergraduate
14  students enrolled at an institution of higher education
15  exempted from disclosure under Section 25 of the Illinois
16  Credit Card Marketing Act of 2009.
17  (aa) Information the disclosure of which is exempted
18  under the Viatical Settlements Act of 2009.
19  (bb) Records and information provided to a mortality
20  review team and records maintained by a mortality review
21  team appointed under the Department of Juvenile Justice
22  Mortality Review Team Act.
23  (cc) Information regarding interments, entombments, or
24  inurnments of human remains that are submitted to the
25  Cemetery Oversight Database under the Cemetery Care Act or
26  the Cemetery Oversight Act, whichever is applicable.

 

 

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1  (dd) Correspondence and records (i) that may not be
2  disclosed under Section 11-9 of the Illinois Public Aid
3  Code or (ii) that pertain to appeals under Section 11-8 of
4  the Illinois Public Aid Code.
5  (ee) The names, addresses, or other personal
6  information of persons who are minors and are also
7  participants and registrants in programs of park
8  districts, forest preserve districts, conservation
9  districts, recreation agencies, and special recreation
10  associations.
11  (ff) The names, addresses, or other personal
12  information of participants and registrants in programs of
13  park districts, forest preserve districts, conservation
14  districts, recreation agencies, and special recreation
15  associations where such programs are targeted primarily to
16  minors.
17  (gg) Confidential information described in Section
18  1-100 of the Illinois Independent Tax Tribunal Act of
19  2012.
20  (hh) The report submitted to the State Board of
21  Education by the School Security and Standards Task Force
22  under item (8) of subsection (d) of Section 2-3.160 of the
23  School Code and any information contained in that report.
24  (ii) Records requested by persons committed to or
25  detained by the Department of Human Services under the
26  Sexually Violent Persons Commitment Act or committed to

 

 

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1  the Department of Corrections under the Sexually Dangerous
2  Persons Act if those materials: (i) are available in the
3  library of the facility where the individual is confined;
4  (ii) include records from staff members' personnel files,
5  staff rosters, or other staffing assignment information;
6  or (iii) are available through an administrative request
7  to the Department of Human Services or the Department of
8  Corrections.
9  (jj) Confidential information described in Section
10  5-535 of the Civil Administrative Code of Illinois.
11  (kk) The public body's credit card numbers, debit card
12  numbers, bank account numbers, Federal Employer
13  Identification Number, security code numbers, passwords,
14  and similar account information, the disclosure of which
15  could result in identity theft or impression or defrauding
16  of a governmental entity or a person.
17  (ll) Records concerning the work of the threat
18  assessment team of a school district, including, but not
19  limited to, any threat assessment procedure under the
20  School Safety Drill Act and any information contained in
21  the procedure.
22  (mm) Information prohibited from being disclosed under
23  subsections (a) and (b) of Section 15 of the Student
24  Confidential Reporting Act.
25  (nn) (mm) Proprietary information submitted to the
26  Environmental Protection Agency under the Drug Take-Back

 

 

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1  Act.
2  (oo) (mm) Records described in subsection (f) of
3  Section 3-5-1 of the Unified Code of Corrections.
4  (pp) Records reflecting or otherwise pertaining to
5  anything said or done by a returning resident (as that
6  term is defined in the Second Chance Public Health and
7  Safety Act) as part of, in anticipation of or as a
8  follow-up to that returning resident's participation in
9  the Second Chance State Program set forth in the Second
10  Chance Public Health and Safety Act or any other program
11  conducted by the Department of Returning Resident Affairs.
12  (1.5) Any information exempt from disclosure under the
13  Judicial Privacy Act shall be redacted from public records
14  prior to disclosure under this Act.
15  (2) A public record that is not in the possession of a
16  public body but is in the possession of a party with whom the
17  agency has contracted to perform a governmental function on
18  behalf of the public body, and that directly relates to the
19  governmental function and is not otherwise exempt under this
20  Act, shall be considered a public record of the public body,
21  for purposes of this Act.
22  (3) This Section does not authorize withholding of
23  information or limit the availability of records to the
24  public, except as stated in this Section or otherwise provided
25  in this Act.
26  (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

 

 

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1  101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
2  6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
3  eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
4  102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
5  6-10-22; revised 12-13-22.)
6  Section 910. The Civil Administrative Code of Illinois is
7  amended by changing Sections 5-15 and 5-20 and by adding
8  Sections 5-172, 5-240, and 5-402 as follows:
9  (20 ILCS 5/5-15) (was 20 ILCS 5/3)
10  Sec. 5-15. Departments of State government. The
11  Departments of State government are created as follows:
12  The Department on Aging.
13  The Department of Agriculture.
14  The Department of Central Management Services.
15  The Department of Children and Family Services.
16  The Department of Commerce and Economic Opportunity.
17  The Department of Corrections.
18  The Department of Employment Security.
19  The Illinois Emergency Management Agency.
20  The Department of Financial and Professional Regulation.
21  The Department of Healthcare and Family Services.
22  The Department of Human Rights.
23  The Department of Human Services.
24  The Department of Innovation and Technology.

 

 

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1  The Department of Insurance.
2  The Department of Juvenile Justice.
3  The Department of Labor.
4  The Department of the Lottery.
5  The Department of Natural Resources.
6  The Department of Public Health.
7  The Department of Returning Resident Affairs.
8  The Department of Revenue.
9  The Illinois State Police.
10  The Department of Transportation.
11  The Department of Veterans' Affairs.
12  (Source: P.A. 102-538, eff. 8-20-21.)
13  (20 ILCS 5/5-20) (was 20 ILCS 5/4)
14  Sec. 5-20. Heads of departments. Each department shall
15  have an officer as its head who shall be known as director or
16  secretary and who shall, subject to the provisions of the
17  Civil Administrative Code of Illinois, execute the powers and
18  discharge the duties vested by law in his or her respective
19  department.
20  The following officers are hereby created:
21  Director of Aging, for the Department on Aging.
22  Director of Agriculture, for the Department of
23  Agriculture.
24  Director of Central Management Services, for the
25  Department of Central Management Services.

 

 

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1  Director of Children and Family Services, for the
2  Department of Children and Family Services.
3  Director of Commerce and Economic Opportunity, for the
4  Department of Commerce and Economic Opportunity.
5  Director of Corrections, for the Department of
6  Corrections.
7  Director of the Illinois Emergency Management Agency, for
8  the Illinois Emergency Management Agency.
9  Director of Employment Security, for the Department of
10  Employment Security.
11  Secretary of Financial and Professional Regulation, for
12  the Department of Financial and Professional Regulation.
13  Director of Healthcare and Family Services, for the
14  Department of Healthcare and Family Services.
15  Director of Human Rights, for the Department of Human
16  Rights.
17  Secretary of Human Services, for the Department of Human
18  Services.
19  Secretary of Innovation and Technology, for the Department
20  of Innovation and Technology.
21  Director of Insurance, for the Department of Insurance.
22  Director of Juvenile Justice, for the Department of
23  Juvenile Justice.
24  Director of Labor, for the Department of Labor.
25  Director of the Lottery, for the Department of the
26  Lottery.

 

 

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1  Director of Natural Resources, for the Department of
2  Natural Resources.
3  Director of Public Health, for the Department of Public
4  Health.
5  Director of Returning Resident Affairs, for the Department
6  of Returning Resident Affairs.
7  Director of Revenue, for the Department of Revenue.
8  Director of the Illinois State Police, for the Illinois
9  State Police.
10  Secretary of Transportation, for the Department of
11  Transportation.
12  Director of Veterans' Affairs, for the Department of
13  Veterans' Affairs.
14  (Source: P.A. 102-538, eff. 8-20-21.)
15  (20 ILCS 5/5-172 new)
16  Sec. 5-172. In the Department of Returning Resident
17  Affairs. Assistant Director of Returning Resident Affairs and
18  General Counsel of the Department of Returning Resident
19  Affairs.
20  (20 ILCS 5/5-240 new)
21  Sec. 5-240. In the Department of Returning Resident
22  Affairs.
23  (a) The Director of Returning Resident Affairs:
24  (1) shall have experience working with or for a

 

 

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1  community-based organization, as that term is defined in
2  the Second Chance Public Health and Safety Act and such
3  other expertise and qualifications as are deemed necessary
4  by the Governor for that individual to perform the duties
5  of that office; and
6  (2) shall have been incarcerated in an Illinois
7  Department of Corrections facility for not less than one
8  year.
9  (b) The Assistant Director of Returning Resident Affairs
10  and General Counsel of the Department of Returning Resident
11  Affairs shall each be licensed to practice law in the State of
12  Illinois and have such other expertise and qualifications as
13  are deemed necessary by the Governor for that individual to
14  perform the duties of that office.
15  (20 ILCS 5/5-402 new)
16  Sec. 5-402. In the Department of Returning Resident
17  Affairs. The Director of Returning Resident Affairs, Assistant
18  Director of Returning Resident Affairs, and General Counsel of
19  the Department of Returning Resident Affairs shall each
20  receive an annual salary as set by law.
21  Section 915. The Unified Code of Corrections is amended by
22  changing Section 3-14-3 as follows:
23  (730 ILCS 5/3-14-3) (from Ch. 38, par. 1003-14-3)

 

 

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1  Sec. 3-14-3. Parole services. To assist parolees or
2  releasees, the Department shall provide them with information
3  about and an opportunity to consent for referral to the Second
4  Chance State Program. The Department shall provide parolees or
5  releasees who do not consent to referral to the Second Chance
6  State Program with employment counseling and job placement
7  services, and may in addition to other services provide the
8  following:
9  (1) assistance in residential placement;
10  (2) family and individual counseling and treatment
11  placement;
12  (3) financial counseling;
13  (4) vocational and educational counseling and
14  placement; and
15  (5) referral services to any other State or local
16  agencies. The Department shall make information about the
17  availability of these services known to a parolee or
18  releasee prior to his or her release from the correctional
19  facility where the parolee or releasee has been residing.
20  The Department may purchase necessary services for a
21  parolee or releasee if they are otherwise unavailable and
22  the parolee or releasee is unable to pay for them. It may
23  assess all or part of the costs of such services to a
24  parolee or releasee in accordance with his ability to pay
25  for them.
26  (Source: P.A. 102-478, eff. 8-20-21.)

 

 

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1  Section 997. Severability. The provisions of this Act are
2  severable under Section 1.31 of the Statute on Statutes.
3  Section 998. No acceleration or delay. Where this Act
4  makes changes in a statute that is represented in this Act by
5  text that is not yet or no longer in effect (for example, a
6  Section represented by multiple versions), the use of that
7  text does not accelerate or delay the taking effect of (i) the
8  changes made by this Act or (ii) provisions derived from any
9  other Public Act.
10  Section 999. Effective date. This Act takes effect upon
11  becoming law.

 

 

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