Illinois DOC properly denied federal investigator access to inmate records under 7(1)(a)

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Dear Ms. Bibulowicz:

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2023 Supp.)). For the reasons below, the Public Access Bureau has determined that no further action is warranted in this matter.

On March 5, 2025, you submitted a FOIA request to the Illinois Department of Corrections ( IDOC) in which you stated that you are an Investigator with the Office of the Federal Public Defender and that the Office is representing a named person who provided an authorization permitting the release of records to your office. You requested " records confirming when Mr. was discharged from his DOC sentence in case 03CR0673601 and his exact date of release from confinement." 1 You included a signed release by Mr. with your FOIA request to IDOC for confidential information and records.

On March 13, 2025, IDOC denied your request pursuant to section 7(1)(a) of In your Request for Review, you argued that IDOC erroneously denied your request because the Federal Public Defender' s Office submitted a release of information from its legal client. You included e-mail correspondence you sent to IDOC that questioned why your request was denied and emphasized to IDOC's FOIA officer that you believe your office is authorized to receive the requested information because of Mr. signed release.

IDOC has confirmed that the information you seek is contained in your client's master record file. Although you assert that you are an " authorized person" who is entitled to access your client' s master record file, section 3-5-1(b) of the UCC identifies the parties who may access master record files, and they do not include an investigator nor an attorney. As emphasized above, section 3-5-1(b) permits access to master record files for "authorized personnel" of the respective Department, or pursuant to a court order or subpoena. " Department" is defined in section 3-1-2(e) of the UCC 3 to mean " both the Department of Corrections and the Department of Juvenile Justice of this State, unless the context is specific to either the Department of Corrections or the Department of Juvenile Justice." Additionally, to the extent you believe that the release you provided resolved any confidentiality concerns, section 3-5-1(b) of the UCC does not contain an exception permitting disclosure of master record files upon IDOC's receipt of duly executed releases. Because you are not one of the parties that section 3- 5-1(b) of the UCC permits to access master record files, IDOC did not improperly deny your request under section 7(1)(a) of FOIA. Accordingly, the Public Access Bureau has determined that no further action is warranted in this matter.

Very truly yours, KATIE GOLDSMITH Assistant Attorney General Public Access Bureau 85755 f no fi war sa cc: Via electronic mail Ms. Anne P. Rayhill Freedom of Information Officer Illinois Department of Corrections 1301 Concordia Court P.O. Box 19277 Springfield, Illinois 62794 doc.foiarequest@illinois. gov