Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Monday, August 21, 2017

New Exemptions to FOIA Exempt Additional Records Requested by Inmates



The Illinois Freedom of Information Act was recently amended to add additional exemptions for records requested by persons committed to the Department of Corrections or a county jail.  Public Act 100-0026 was recently signed by the Governor, and became effective on August 4, 2017.  The amendment adds three new exemptions to Section 7 of FOIA:

(e-8) Records requested by a person committed to the Department of Corrections or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

Section 7(e-5) and 7(e-6) were also amended to exempt records requested from persons committed to a county jail if those materials are available in the library of the jail, or if the records include records from staff member’s personnel files, rosters, or assignment information.  Previously, Sections 7(e-5) and 7(e-6) only applied to records requested from inmates committed to the Department of Corrections. 


The goal of these amendments is to prevent FOIA from being used for harassment purposes.  Public bodies may wish to review any exemptions listed in their FOIA policies to determine whether these new exemptions should be added.

Post Authored by Erin Pell, Ancel Glink

0 comments:

Post a Comment