SB 3545 — RECORDS-PRETRIAL SERVICES

SB3545 EngrossedEnrolled LRB104 19518 RTM 32966 b AN ACT concerning government.

All agencies making arrests SB3545 EngrossedEnrolled - 2 - LRB104 19518 RTM 32966 b for offenses which are required by statute to be collected, maintained or disseminated by the Illinois State Police shall be responsible for furnishing daily to the Illinois State Police fingerprints, charges and descriptions of all persons who are arrested for such offenses.

With approval of the Illinois State SB3545 EngrossedEnrolled - 3 - LRB104 19518 RTM 32966 b Police, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required by this subsection (b) to the Illinois State Police upon the State's Attorney's behalf.

(3) continuances to a date certain in furtherance of an order of supervision granted under Section 5-6-1 of the Unified Code of Corrections or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the SB3545 EngrossedEnrolled - 4 - LRB104 19518 RTM 32966 b Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987;

(1) After the court pronounces sentence, sentences a minor following a trial in which a minor was found to be delinquent or issues an order of supervision or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, SB3545 EngrossedEnrolled - 5 - LRB104 19518 RTM 32966 b Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987 for any offense which is required by statute to be collected, maintained, or disseminated by the Illinois State Police, the State's Attorney of each county shall ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case.

(2) After the court pronounces sentence or makes a disposition of a case following a finding of delinquency for any offense which is not required by statute to be collected, maintained, or disseminated by the Illinois State Police, the prosecuting attorney may ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted SB3545 EngrossedEnrolled - 6 - LRB104 19518 RTM 32966 b for the same case.

For the purpose of maintaining complete and accurate criminal records of the Illinois State Police, it is necessary for all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the SB3545 EngrossedEnrolled - 7 - LRB104 19518 RTM 32966 b sheriff of each county, and State's Attorney of each county to submit certain criminal arrest, charge, and disposition information to the Illinois State Police for filing at the earliest time possible.

With the approval of the Illinois State Police, pretrial services agencies, SB3545 EngrossedEnrolled - 8 - LRB104 19518 RTM 32966 b as defined in Section 0.02 of the Pretrial Services Act, may furnish fingerprints, charges, and descriptions to the Illinois State Police in the same manner as agencies making arrests under subsection (a).

Such information shall include, for each charge, all (1) judgments of not guilty, judgments of guilty including the sentence pronounced by the court with statutory citations to the relevant sentencing provision, SB3545 EngrossedEnrolled - 9 - LRB104 19518 RTM 32966 b findings that a minor is delinquent and any sentence made based on those findings, discharges and dismissals in the court;

(4) judgments or court orders terminating or revoking a sentence to or juvenile disposition of probation, supervision or conditional discharge, judgment or court orders of discharge from probation or conditional discharge, and any resentencing or new court orders entered by a juvenile court relating to the disposition of a minor's case involving delinquency after such SB3545 EngrossedEnrolled - 10 - LRB104 19518 RTM 32966 b revocation;

(1) After the court pronounces sentence, sentences a minor following a trial in which a minor was found to be delinquent or issues an order of supervision or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the SB3545 EngrossedEnrolled - 11 - LRB104 19518 RTM 32966 b Juvenile Court Act of 1987 for any offense which is required by statute to be collected, maintained, or disseminated by the Illinois State Police, the State's Attorney of each county shall ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case.

The Illinois Department SB3545 EngrossedEnrolled - 12 - LRB104 19518 RTM 32966 b of Corrections and the sheriff of each county shall furnish the Illinois State Police with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of an individual who has been sentenced or committed to the agency's custody for any offenses which are mandated by statute to be collected, maintained or disseminated by the Illinois State Police.

(2) Responses shall include the missing or incomplete information, correction of the error or an explanation detailing the reason the information SB3545 EngrossedEnrolled - 13 - LRB104 19518 RTM 32966 b cannot be provided or corrected, and an estimated timeframe for compliance.