SJ0079eng 98TH GENERAL ASSEMBLY

09800SJ0079 Engrossed LRB098 21477 MST 59980 r

SENATE JOINT RESOLUTION NO. 79

(As Amended by Senate Amendment No. 1)

WHEREAS, Tens of thousands of youth who are arrested throughout this State each year are never subject to any formal proceedings in juvenile court; and

WHEREAS, Most juvenile arrests are reported by local law enforcement to the Illinois State Police, which is currently required to maintain juvenile arrest records regardless of whether a petition of delinquency is filed in juvenile court; and

WHEREAS, Despite the presumption in the Illinois Juvenile Court Act that most juvenile records are confidential, juvenile arrest records are sometimes disclosed or disseminated, often unintentionally, preventing youth who have never been adjudicated delinquent for any offense from moving forward with educational and employment plans; and

WHEREAS, The process of expunging juvenile arrests that do not result in formal proceedings is currently complicated, burdensome, and underused by juvenile arrestees; and

WHEREAS, Increased use of electronic recordkeeping by city, county, State, and federal agencies has compounded the number of ways in which confidential juvenile arrest and court records may be inadvertently disseminated, regardless of expungement; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Illinois Juvenile Justice Commission is requested to study and make recommendations to the Governor and General Assembly regarding effective policy and practice concerning juvenile record confidentiality and expungement; and be it further

RESOLVED, That the Illinois Juvenile Justice Commission is requested to analyze the sufficiency of juvenile confidentiality and expungement laws and processes, including but not limited to the methods by which juvenile records are created and shared and the use and effectiveness of juvenile petitions for expungement; and be it further

RESOLVED, That the Illinois State Police and the Illinois Criminal Justice Information Authority are requested to cooperate with the study by sharing agency data and process information, as well as by reviewing their own policies concerning juvenile record confidentiality; and be it further

RESOLVED, That the Illinois Juvenile Justice Commission is requested to summarize available information and research on best practices within the State and across the nation with respect to juvenile record confidentiality, law enforcement recordkeeping, and expungement, including but not limited to the following:

1) The creation, storage, and exchange of juvenile records in the digital age;

2) The confidentiality of all records to actual or alleged violations of traffic, boating, or fish and game laws, or municipal or county ordinances by minors under 18 years of age;

3) The effect of private background check industry growth, including internet-based arrest publishing and removal companies, on juvenile records confidentiality and expungement;

4) The relationship between confidentiality and expungement and public safety; and

5) The impact of expungement on the lives and wellbeing of youth; and be it further

RESOLVED, That local law enforcement, county clerks, judges, prosecutors, defense attorneys, school officials, probation offices, diversion program providers, background check providers, and prospective employers and other end-users of background information are encouraged to participate in this study as well as to review their own policies concerning juvenile record confidentiality; and be it further

RESOLVED, That the Illinois Juvenile Justice Commission is requested to submit the report by March 1, 2016 and to catalog the progress of expungement again on March 1, 2017 to the Governor and General Assembly with its recommendations and suggested statutory changes; and be it further

RESOLVED, That a copy of this resolution shall be presented to the Director of the Administrative Office of the Illinois Courts, the Executive Director of the Office of the State's Attorneys Appellate Prosecutor, the Office of the State Appellate Defender, the President of the Illinois Sheriffs' Association, and the Executive Director of the Illinois Juvenile Justice Commission, who are each encouraged to share this resolution with their membership.