Bill Amendment: IL HB2925 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-DEPT OMBUDSMAN
Status: 2020-06-23 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2925 Detail]
Download: Illinois-2019-HB2925-House_Amendment_002.html
Bill Title: CD CORR-DEPT OMBUDSMAN
Status: 2020-06-23 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2925 Detail]
Download: Illinois-2019-HB2925-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 2925
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| 2 | AMENDMENT NO. ______. Amend House Bill 2925, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 6 | adding Article 2.1 to Chapter III and by changing the heading | ||||||
| 7 | of Article 2.7 of Chapter III and Sections 3-2.7-1, 3-2.7-5, | ||||||
| 8 | 3-2.7-10, 3-2.7-15, 3-2.7-20, 3-2.7-25, 3-2.7-30, 3-2.7-35, | ||||||
| 9 | 3-2.7-40, 3-2.7-45, 3-2.7-50, and 3-2.7-55 as follows:
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| 10 | (730 ILCS 5/Art. Ch. III Art. 2.1 heading new) | ||||||
| 11 | ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT | ||||||
| 12 | OMBUDSPERSON | ||||||
| 13 | (730 ILCS 5/3-2.1-1 new) | ||||||
| 14 | Sec. 3-2.1-1. Short title. This Article may be cited as the | ||||||
| 15 | Department of Corrections Independent Office of the | ||||||
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| |||||||
| 1 | Ombudsperson Law.
| ||||||
| 2 | (730 ILCS 5/3-2.1-3 new) | ||||||
| 3 | Sec. 3-2.1-3. Purpose. The purpose of this Article is to | ||||||
| 4 | create within the Department of Corrections an Independent | ||||||
| 5 | Office of the Ombudsperson for the purpose of providing people | ||||||
| 6 | living in State-run correctional facilities or living under the | ||||||
| 7 | requirements or mandatory supervised release or parole with a | ||||||
| 8 | non-adversarial process that will redress and prevent abuse, | ||||||
| 9 | neglect, violations of law, policy, or best practice at the | ||||||
| 10 | hands of employees or contractors of the Department.
| ||||||
| 11 | (730 ILCS 5/3-2.1-5 new) | ||||||
| 12 | Sec. 3-2.1-5. Definitions. In this Article, unless context | ||||||
| 13 | requires otherwise: | ||||||
| 14 | "Department" means the Department of Corrections. | ||||||
| 15 | "Immediate family or household member" means the spouse, | ||||||
| 16 | child, parent, brother, sister, grandparent, or grandchild, | ||||||
| 17 | whether of the whole blood or half blood or by adoption, or a | ||||||
| 18 | person who shares a common dwelling. | ||||||
| 19 | "Department of Corrections system" means all activities by | ||||||
| 20 | public or private agencies or persons pertaining to persons | ||||||
| 21 | involved in or having contact with the police, courts, or | ||||||
| 22 | corrections. | ||||||
| 23 | "Juvenile justice system" means all activities by public or | ||||||
| 24 | private agencies or persons pertaining to youth involved in or | ||||||
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| 1 | having contact with the police, courts, or corrections. | ||||||
| 2 | "Office" means the Independent Office of the Corrections | ||||||
| 3 | Ombudsperson. | ||||||
| 4 | "Ombudsperson" means the director of the Independent | ||||||
| 5 | Office of the Corrections Ombudsperson. | ||||||
| 6 | "Person" means any person committed by court order to the | ||||||
| 7 | custody of the Department of Corrections, including people | ||||||
| 8 | released on mandatory supervised release or parole before final | ||||||
| 9 | discharge.
| ||||||
| 10 | (730 ILCS 5/3-2.1-10 new) | ||||||
| 11 | Sec. 3-2.1-10. Appointment of Independent Corrections | ||||||
| 12 | Ombudsperson. The Governor shall appoint the Independent | ||||||
| 13 | Corrections Ombudsperson with the advice and consent of the | ||||||
| 14 | Senate for a term of 4 years, with the first term expiring | ||||||
| 15 | February 1, 2024. A person appointed as Ombudsperson may be | ||||||
| 16 | reappointed to one or more subsequent terms. A vacancy shall | ||||||
| 17 | occur upon resignation, death, or removal. The Ombudsperson may | ||||||
| 18 | only be removed by the Governor for incompetency, malfeasance, | ||||||
| 19 | neglect of duty, or conviction of a felony. If the Senate is | ||||||
| 20 | not in session or is in recess when an appointment subject to | ||||||
| 21 | its confirmation is made, the Governor shall make a temporary | ||||||
| 22 | appointment which shall be subject to subsequent Senate | ||||||
| 23 | approval. The Ombudsperson may employ deputies to perform, | ||||||
| 24 | under the direction of the Ombudsperson, the same duties and | ||||||
| 25 | exercise the same powers as the Ombudsperson, and may employ | ||||||
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| 1 | other support staff as deemed necessary. The Ombudsperson and | ||||||
| 2 | deputies must: | ||||||
| 3 | (1) be over the age of 21 years; | ||||||
| 4 | (2) have a bachelor's or advanced degree from an
accredited | ||||||
| 5 | college or university; and | ||||||
| 6 | (3) have relevant expertise in areas such as the
criminal | ||||||
| 7 | justice system, investigations, or civil rights advocacy as | ||||||
| 8 | evidenced by experience in the field or by academic background.
| ||||||
| 9 | (730 ILCS 5/3-2.1-15 new) | ||||||
| 10 | Sec. 3-2.1-15. Conflicts of interest. A person may not | ||||||
| 11 | serve as Ombudsperson or as a deputy if the person or the | ||||||
| 12 | person's immediate family or household member: | ||||||
| 13 | (1) is or has been employed by the Department of Juvenile | ||||||
| 14 | Justice or the Department of Corrections within 5 years prior | ||||||
| 15 | to appointment, other than as Ombudsperson or Deputy | ||||||
| 16 | Ombudsperson; | ||||||
| 17 | (2) participates in the management of a business
entity or | ||||||
| 18 | other organization receiving funds from the Department; | ||||||
| 19 | (3) owns or controls, directly or indirectly, any
interest | ||||||
| 20 | in a business entity or other organization receiving funds from | ||||||
| 21 | the Department; | ||||||
| 22 | (4) uses or receives any amount of tangible goods,
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| 23 | services, or funds from the Department, other than as | ||||||
| 24 | Ombudsperson or Deputy Ombudsperson; or | ||||||
| 25 | (5) is required to register as a lobbyist for an
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| 1 | organization that interacts with the juvenile justice or | ||||||
| 2 | Department of Corrections system.
| ||||||
| 3 | (730 ILCS 5/3-2.1-20 new) | ||||||
| 4 | Sec. 3-2.1-20. Duties and powers. | ||||||
| 5 | (a) The Ombudsperson shall function independently within | ||||||
| 6 | the Department with respect to the operations of the Office in | ||||||
| 7 | performance of his or her duties under this Article and shall | ||||||
| 8 | report to the Governor. The Ombudsperson shall adopt rules and | ||||||
| 9 | standards as may be necessary or desirable to carry out his or | ||||||
| 10 | her duties. Funding for the Office shall be 3% of the | ||||||
| 11 | Department's budget and designated separately within | ||||||
| 12 | Department funds. The Department shall provide necessary | ||||||
| 13 | administrative services and facilities to the Office. | ||||||
| 14 | (b) The Office shall have the following duties: | ||||||
| 15 | (1) review and monitor the implementation of the
rules | ||||||
| 16 | and standards established by the Department and evaluate | ||||||
| 17 | the delivery of services; | ||||||
| 18 | (2) provide assistance to a person or family whom the
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| 19 | Ombudsperson determines is in need of assistance, | ||||||
| 20 | including advocating with an agency, provider, or other | ||||||
| 21 | person in the best interests of the person; | ||||||
| 22 | (2.5) develop and disseminate a process through which | ||||||
| 23 | people in State custody or their family members or | ||||||
| 24 | representatives can file and track complaints; | ||||||
| 25 | (3) review all complaints and investigate and attempt | ||||||
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| 1 | to resolve complaints
made by or on behalf of a person, | ||||||
| 2 | other than complaints alleging violations of the State | ||||||
| 3 | Officials and Employees Ethics Act and: | ||||||
| 4 | (A) a person committed to the Department or the | ||||||
| 5 | person's family, support system, or representative is | ||||||
| 6 | in need of assistance from the Office; or | ||||||
| 7 | (B) a systemic issue in the Department's provision | ||||||
| 8 | of services is raised by a complaint; | ||||||
| 9 | (4) review or inspect periodically the facilities and
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| 10 | procedures of any facility in which a person has been | ||||||
| 11 | placed by the Department to ensure that each person in | ||||||
| 12 | State custody is treated fairly and with basic respect, has | ||||||
| 13 | access to appropriate programs, services, and | ||||||
| 14 | accommodations and is protected from any violations of law | ||||||
| 15 | or policy; and | ||||||
| 16 | (5) be accessible to and meet confidentially and
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| 17 | regularly with a person committed to the Department and | ||||||
| 18 | serve as a resource by informing them of pertinent laws, | ||||||
| 19 | rules, and policies, and their rights thereunder. | ||||||
| 20 | (c) The nature of all complaints and recommendations shall | ||||||
| 21 | be made available on the Ombudsperson website and reported | ||||||
| 22 | immediately to Director of Corrections, the General Assembly, | ||||||
| 23 | and the Governor. | ||||||
| 24 | (d) Notwithstanding any other provision of law, the | ||||||
| 25 | Ombudsperson may not investigate violations of the State | ||||||
| 26 | Officials and Employees Ethics Act. If the Ombudsperson | ||||||
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| 1 | determines that a possible criminal act has been committed, or | ||||||
| 2 | that special expertise is required in the investigation, he or | ||||||
| 3 | she shall immediately notify the Department of State Police. If | ||||||
| 4 | the Ombudsperson determines that a possible violation of the | ||||||
| 5 | State Officials and Employees Ethics Act has occurred, he or | ||||||
| 6 | she shall immediately refer the incident to the Office of the | ||||||
| 7 | Governor's Executive Inspector General for investigation. All | ||||||
| 8 | investigations conducted by the Ombudsperson shall be | ||||||
| 9 | conducted in a manner designed to ensure the preservation of | ||||||
| 10 | evidence for possible use in a criminal prosecution. | ||||||
| 11 | (e) In performance of his or her duties, the Ombudsperson | ||||||
| 12 | may: | ||||||
| 13 | (1) review court files of persons in custody; | ||||||
| 14 | (2) recommend policies, rules, and legislation
| ||||||
| 15 | designed to protect persons in custody; | ||||||
| 16 | (3) make appropriate referrals under any of the
duties | ||||||
| 17 | and powers listed in this Section; | ||||||
| 18 | (4) attend internal administrative and disciplinary
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| 19 | hearings to ensure the rights of persons in custody are | ||||||
| 20 | fully observed and advocate for the best interest of those | ||||||
| 21 | persons when deemed necessary; | ||||||
| 22 | (5) request information related to an investigation | ||||||
| 23 | from any employee or officer of the State and to execute an | ||||||
| 24 | information sharing agreement; | ||||||
| 25 | (6) issue subpoenas to compel the attendance of | ||||||
| 26 | witnesses for purposes of examination and the production of | ||||||
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| 1 | documents and other items for inspection or duplication; | ||||||
| 2 | (7) compel prompt statements from State employees or | ||||||
| 3 | contractors and reinterview State employees or contractors | ||||||
| 4 | as necessary; and | ||||||
| 5 | (8) perform other acts, otherwise permitted or
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| 6 | required by law, in furtherance of the purpose of the | ||||||
| 7 | Office. | ||||||
| 8 | (f) To assess if a person's rights have been violated, the | ||||||
| 9 | Ombudsperson may, in any matter that does not involve alleged | ||||||
| 10 | criminal behavior, contact or consult with an administrator, | ||||||
| 11 | employee, person, expert, or any other individual in the course | ||||||
| 12 | of his or her investigation or to secure information as | ||||||
| 13 | necessary to fulfill his or her duties.
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| 14 | (730 ILCS 5/3-2.1-25 new) | ||||||
| 15 | Sec. 3-2.1-25. Duties of the Department of Corrections. | ||||||
| 16 | (a) The Department shall allow any person to communicate | ||||||
| 17 | with the Ombudsperson or a deputy at any time. The | ||||||
| 18 | communication: | ||||||
| 19 | (1) may be in person, by phone, by mail, or by any
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| 20 | other means deemed appropriate in light of security | ||||||
| 21 | concerns; and | ||||||
| 22 | (2) is confidential and privileged. | ||||||
| 23 | (b) The Department shall allow the Ombudsperson and | ||||||
| 24 | deputies full and unannounced access to persons and Department | ||||||
| 25 | facilities at any time. The Department shall furnish the | ||||||
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| 1 | Ombudsperson and deputies with appropriate meeting space in | ||||||
| 2 | each facility in order to preserve confidentiality. | ||||||
| 3 | (c) The Department shall allow the Ombudsperson and | ||||||
| 4 | deputies to participate in professional development | ||||||
| 5 | opportunities provided by the Department as practical and to | ||||||
| 6 | attend appropriate professional training when requested by the | ||||||
| 7 | Ombudsperson. | ||||||
| 8 | (d) The Department shall provide the Ombudsperson copies of | ||||||
| 9 | critical incident reports involving a person residing in a | ||||||
| 10 | facility operated by the Department. Critical incidents | ||||||
| 11 | include, but are not limited to, severe injuries that result in | ||||||
| 12 | hospitalization, suicide attempts that require medical | ||||||
| 13 | intervention, sexual abuse, and escapes. | ||||||
| 14 | (e) The Department shall provide the Ombudsperson with | ||||||
| 15 | reasonable advance notice of all internal administrative and | ||||||
| 16 | disciplinary hearings regarding a person residing in a facility | ||||||
| 17 | operated by the Department. | ||||||
| 18 | (f) The Department may not discharge, demote, discipline, | ||||||
| 19 | or in any manner discriminate or retaliate against a person or | ||||||
| 20 | an employee who in good faith makes a complaint to the Office | ||||||
| 21 | or cooperates with the Office.
| ||||||
| 22 | (730 ILCS 5/3-2.1-30 new) | ||||||
| 23 | Sec. 3-2.1-30. Reports. The Ombudsperson shall provide to | ||||||
| 24 | the General Assembly and the Governor, no later than January 1 | ||||||
| 25 | of each year, a summary of activities done in furtherance of | ||||||
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| 1 | the purpose of the Office for the prior fiscal year. The | ||||||
| 2 | summaries shall contain data both aggregated and disaggregated | ||||||
| 3 | by individual facility and describe: | ||||||
| 4 | (1) the work of the Ombudsperson; | ||||||
| 5 | (2) the status of any review or investigation
undertaken by | ||||||
| 6 | the Ombudsperson, but may not contain any confidential or | ||||||
| 7 | identifying information concerning the subjects of the reports | ||||||
| 8 | and investigations; and | ||||||
| 9 | (3) any recommendations that the Ombudsperson has relating | ||||||
| 10 | to a systemic issue in the Department's provision of services | ||||||
| 11 | and any other matters for consideration by the General Assembly | ||||||
| 12 | and the Governor.
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| 13 | (730 ILCS 5/3-2.1-35 new) | ||||||
| 14 | Sec. 3-2.1-35. Complaints. The Office shall promptly and | ||||||
| 15 | efficiently act on complaints made by or on behalf of person | ||||||
| 16 | filed with the Office that relate to the operations or staff of | ||||||
| 17 | the Department. The Office shall maintain information about | ||||||
| 18 | parties to the complaint, the subject matter of the complaint, | ||||||
| 19 | a summary of the results of the review or investigation of the | ||||||
| 20 | complaint, including any resolution of or recommendations made | ||||||
| 21 | as a result of the complaint. The Office shall make information | ||||||
| 22 | available describing its procedures for complaint | ||||||
| 23 | investigation and resolution. When applicable, the Office | ||||||
| 24 | shall notify the complaining person that an investigation and | ||||||
| 25 | resolution may result in or will require disclosure of the | ||||||
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| 1 | complaining person's identity. The Office shall periodically | ||||||
| 2 | notify the parties who filed the complaint of the status of the | ||||||
| 3 | complaint until final disposition.
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| 4 | (730 ILCS 5/3-2.1-40 new) | ||||||
| 5 | Sec. 3-2.1-40. Confidentiality. The name, address, or | ||||||
| 6 | other personally identifiable information of a person who files | ||||||
| 7 | a complaint with the Office, information generated by the | ||||||
| 8 | Office related to a complaint or other activities of the | ||||||
| 9 | Office, and confidential records obtained by the Office are not | ||||||
| 10 | subject to disclosure under the Freedom of Information Act. The | ||||||
| 11 | Office shall disclose the records only if required by court | ||||||
| 12 | order on a showing of good cause.
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| 13 | (730 ILCS 5/3-2.1-45 new) | ||||||
| 14 | Sec. 3-2.1-45. Promotion and awareness of Office. The | ||||||
| 15 | Ombudsperson shall promote awareness among the public and | ||||||
| 16 | persons of: | ||||||
| 17 | (1) the rights of persons committed to the Department; | ||||||
| 18 | (2) the purpose of the Office; | ||||||
| 19 | (3) how the Office may be contacted; | ||||||
| 20 | (4) the confidential nature of communications; and | ||||||
| 21 | (5) the services the Office provides.
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| 22 | (730 ILCS 5/3-2.1-50 new) | ||||||
| 23 | Sec. 3-2.1-50. Access to information of governmental | ||||||
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| 1 | entities. The Department shall provide the Ombudsperson | ||||||
| 2 | unrestricted access to all master record files of persons under | ||||||
| 3 | Section 3-5-1 of this Code. Access to educational, social, | ||||||
| 4 | psychological, mental health, substance abuse, and medical | ||||||
| 5 | records shall not be disclosed except as provided in Section | ||||||
| 6 | 5-910 of the Juvenile Court Act of 1987, the Mental Health and | ||||||
| 7 | Developmental Disabilities Confidentiality Act, the School | ||||||
| 8 | Code, and any applicable federal laws that govern access to | ||||||
| 9 | those records.
| ||||||
| 10 | (730 ILCS 5/Ch. III Art. 2.7 heading) | ||||||
| 11 | ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE | ||||||
| 12 | INDEPENDENT JUVENILE OMBUDSPERSON OMBUDSMAN
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| 13 | (Source: P.A. 98-1032, eff. 8-25-14.)
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| 14 | (730 ILCS 5/3-2.7-1) | ||||||
| 15 | Sec. 3-2.7-1. Short title. This Article may be cited as the | ||||||
| 16 | Department of Juvenile Justice Independent Juvenile | ||||||
| 17 | Ombudsperson Ombudsman Law.
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| 18 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 19 | (730 ILCS 5/3-2.7-5) | ||||||
| 20 | Sec. 3-2.7-5. Purpose. The purpose of this Article is to | ||||||
| 21 | create within the Department of Juvenile Justice the Office of | ||||||
| 22 | Independent Juvenile Ombudsperson Ombudsman for the purpose of | ||||||
| 23 | providing youth living in State-run correctional facilities or | ||||||
| |||||||
| |||||||
| 1 | aftercare with a non-adversarial process that will redress and | ||||||
| 2 | prevent abuse, neglect, violations of law, policy, or best | ||||||
| 3 | practice at the hands of State employees or contractors | ||||||
| 4 | securing the rights of youth committed to the Department of | ||||||
| 5 | Juvenile Justice, including youth released on aftercare before | ||||||
| 6 | final discharge.
| ||||||
| 7 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 8 | (730 ILCS 5/3-2.7-10) | ||||||
| 9 | Sec. 3-2.7-10. Definitions. In this Article, unless the | ||||||
| 10 | context requires otherwise: | ||||||
| 11 | "Department" means the Department of Juvenile Justice. | ||||||
| 12 | "Immediate family or household member" means the spouse, | ||||||
| 13 | child, parent, brother, sister, grandparent, or grandchild, | ||||||
| 14 | whether of the whole blood or half blood or by adoption, or a | ||||||
| 15 | person who shares a common dwelling. | ||||||
| 16 | "Juvenile justice system" means all activities by public or | ||||||
| 17 | private agencies or persons pertaining to youth involved in or | ||||||
| 18 | having contact with the police, courts, or corrections. | ||||||
| 19 | "Office" means the Office of the Independent Juvenile | ||||||
| 20 | Ombudsperson Ombudsman. | ||||||
| 21 | "Ombudsperson Ombudsman" means the Department of Juvenile | ||||||
| 22 | Justice Independent Juvenile Ombudsperson Ombudsman. | ||||||
| 23 | "Youth" means any person committed by court order to the | ||||||
| 24 | custody of the Department of Juvenile Justice, including youth | ||||||
| 25 | released on aftercare before final discharge.
| ||||||
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| |||||||
| 1 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 2 | (730 ILCS 5/3-2.7-15) | ||||||
| 3 | Sec. 3-2.7-15. Appointment of Independent Juvenile | ||||||
| 4 | Ombudsperson Ombudsman. The Governor shall appoint the | ||||||
| 5 | Independent Juvenile Ombudsperson Ombudsman with the advice | ||||||
| 6 | and consent of the Senate for a term of 4 years, with the first | ||||||
| 7 | term expiring February 1, 2017. A person appointed as | ||||||
| 8 | Ombudsperson Ombudsman may be reappointed to one or more | ||||||
| 9 | subsequent terms. A vacancy shall occur upon resignation, | ||||||
| 10 | death, or removal. The Ombudsperson Ombudsman may only be | ||||||
| 11 | removed by the Governor for incompetency, malfeasance, neglect | ||||||
| 12 | of duty, or conviction of a felony. If the Senate is not in | ||||||
| 13 | session or is in recess when an appointment subject to its | ||||||
| 14 | confirmation is made, the Governor shall make a temporary | ||||||
| 15 | appointment which shall be subject to subsequent Senate | ||||||
| 16 | approval.
The Ombudsperson Ombudsman may employ deputies to | ||||||
| 17 | perform, under the direction of the Ombudsperson Ombudsman, the | ||||||
| 18 | same duties and exercise the same powers as the Ombudsperson | ||||||
| 19 | Ombudsman, and may employ other support staff as deemed | ||||||
| 20 | necessary. The Ombudsperson Ombudsman and deputies must: | ||||||
| 21 | (1) be over the age of 21 years; | ||||||
| 22 | (2) have a bachelor's or advanced degree from an | ||||||
| 23 | accredited college or university; and | ||||||
| 24 | (3) have relevant expertise in areas such as the | ||||||
| 25 | juvenile justice system, investigations, or civil rights | ||||||
| |||||||
| |||||||
| 1 | advocacy as evidenced by experience in the field or by | ||||||
| 2 | academic background.
| ||||||
| 3 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 4 | (730 ILCS 5/3-2.7-20) | ||||||
| 5 | Sec. 3-2.7-20. Conflicts of interest. A person may not | ||||||
| 6 | serve as Ombudsperson Ombudsman or as a deputy if the person or | ||||||
| 7 | the person's immediate family or household member: | ||||||
| 8 | (1) is or has been employed by the Department of | ||||||
| 9 | Juvenile Justice or Department of Corrections within 5 | ||||||
| 10 | years one year prior to appointment, other than as | ||||||
| 11 | Ombudsperson Ombudsman or Deputy Ombudsperson Ombudsman; | ||||||
| 12 | (2) participates in the management of a business entity | ||||||
| 13 | or other organization receiving funds from the Department | ||||||
| 14 | of Juvenile Justice; | ||||||
| 15 | (3) owns or controls, directly or indirectly, any | ||||||
| 16 | interest in a business entity or other organization | ||||||
| 17 | receiving funds from the Department of Juvenile Justice; | ||||||
| 18 | (4) uses or receives any amount of tangible goods, | ||||||
| 19 | services, or funds from the Department of Juvenile Justice, | ||||||
| 20 | other than as Ombudsperson Ombudsman or Deputy | ||||||
| 21 | Ombudsperson Ombudsman; or | ||||||
| 22 | (5) is required to register as a lobbyist for an | ||||||
| 23 | organization that interacts with the juvenile justice | ||||||
| 24 | system.
| ||||||
| 25 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/3-2.7-25) | ||||||
| 2 | Sec. 3-2.7-25. Duties and powers. | ||||||
| 3 | (a) The Independent Juvenile Ombudsperson Ombudsman shall | ||||||
| 4 | function independently within the Department of Juvenile | ||||||
| 5 | Justice with respect to the operations of the Office in | ||||||
| 6 | performance of his or her duties under this Article and shall | ||||||
| 7 | report to the Governor. The Ombudsperson Ombudsman shall adopt | ||||||
| 8 | rules and standards as may be
necessary or desirable to carry | ||||||
| 9 | out his or her duties. Funding
for the Office shall be 3% of | ||||||
| 10 | the Department's budget and designated separately within
| ||||||
| 11 | Department funds. The Department shall provide necessary | ||||||
| 12 | administrative services and facilities to the Office of the | ||||||
| 13 | Independent Juvenile Ombudsperson Ombudsman. | ||||||
| 14 | (b) The Office of Independent Juvenile Ombudsperson | ||||||
| 15 | Ombudsman shall have
the following duties: | ||||||
| 16 | (1) review and monitor the implementation of the rules
| ||||||
| 17 | and standards established by the Department of Juvenile
| ||||||
| 18 | Justice and evaluate the delivery of services to youth to
| ||||||
| 19 | ensure that the rights of youth are fully observed; | ||||||
| 20 | (2) provide assistance to a youth or family whom the | ||||||
| 21 | Ombudsperson
Ombudsman determines is in need of | ||||||
| 22 | assistance, including
advocating with an agency, provider, | ||||||
| 23 | or other person in the
best interests of the youth; | ||||||
| 24 | (2.5) develop and disseminate a process through which | ||||||
| 25 | people in State custody or their family members or | ||||||
| |||||||
| |||||||
| 1 | representatives can file and track complaints; | ||||||
| 2 | (3) investigate and attempt to resolve complaints made | ||||||
| 3 | by or on behalf of youth, other than
complaints alleging | ||||||
| 4 | criminal behavior or violations of the State Officials and | ||||||
| 5 | Employees Ethics Act, if the Office
determines that the | ||||||
| 6 | investigation and resolution would further the purpose of | ||||||
| 7 | the Office, and: | ||||||
| 8 | (A) a youth committed to the Department of Juvenile
| ||||||
| 9 | Justice or the youth's family, support system, or | ||||||
| 10 | representative is in need of
assistance from the | ||||||
| 11 | Office; or | ||||||
| 12 | (B) a systemic issue in the Department of Juvenile
| ||||||
| 13 | Justice's provision of services is raised by a
| ||||||
| 14 | complaint; | ||||||
| 15 | (4) review or inspect periodically the facilities and
| ||||||
| 16 | procedures of any facility in which a youth has been placed
| ||||||
| 17 | by the Department of Juvenile Justice to ensure that each | ||||||
| 18 | person in State custody is treated fairly and with basic | ||||||
| 19 | respect, has access to appropriate programs, services, and | ||||||
| 20 | accommodations and is protected from any violations of law | ||||||
| 21 | or policy the
rights of youth are fully observed; and | ||||||
| 22 | (5) be accessible to and meet confidentially and
| ||||||
| 23 | regularly with youth committed to the Department and serve
| ||||||
| 24 | as a resource by informing them of pertinent laws,
rules, | ||||||
| 25 | and policies, and their rights thereunder. | ||||||
| 26 | (c) The nature of all complaints and recommendations | ||||||
| |||||||
| |||||||
| 1 | following cases shall be made available on the Ombudsperson | ||||||
| 2 | website and reported immediately to
the Director of Juvenile | ||||||
| 3 | Justice, General Assembly, and the Governor. : | ||||||
| 4 | (1) cases of severe abuse or injury of a youth; | ||||||
| 5 | (2) serious misconduct, misfeasance, malfeasance, or
| ||||||
| 6 | serious violations of policies and procedures concerning
| ||||||
| 7 | the administration of a Department of Juvenile Justice
| ||||||
| 8 | program or operation; | ||||||
| 9 | (3) serious problems concerning the delivery of | ||||||
| 10 | services in a facility operated by or under contract with
| ||||||
| 11 | the Department of Juvenile Justice; | ||||||
| 12 | (4) interference by the Department of Juvenile Justice
| ||||||
| 13 | with an investigation conducted by the Office; and | ||||||
| 14 | (5) other cases as deemed necessary by the Ombudsman. | ||||||
| 15 | (d) Notwithstanding any other provision of law, the | ||||||
| 16 | Ombudsperson
Ombudsman may not investigate alleged criminal | ||||||
| 17 | behavior or violations of the State Officials and Employees | ||||||
| 18 | Ethics Act. If the
Ombudsperson Ombudsman determines that a | ||||||
| 19 | possible criminal act has been
committed, or that special | ||||||
| 20 | expertise is required in the
investigation, he or she shall | ||||||
| 21 | immediately notify the
Department of State Police. If the | ||||||
| 22 | Ombudsperson Ombudsman determines that a possible violation of | ||||||
| 23 | the State Officials and Employees Ethics Act has occurred, he | ||||||
| 24 | or she shall immediately refer the incident to the Office of | ||||||
| 25 | the Governor's Executive Inspector General for investigation. | ||||||
| 26 | If the Ombudsperson Ombudsman receives a complaint from a youth | ||||||
| |||||||
| |||||||
| 1 | or third party regarding suspected abuse or neglect of a child, | ||||||
| 2 | the Ombudsperson Ombudsman shall refer the incident to the | ||||||
| 3 | Child Abuse and Neglect Hotline or to the State Police as | ||||||
| 4 | mandated by the Abused and Neglected Child Reporting Act. Any | ||||||
| 5 | investigation conducted by the Ombudsperson
Ombudsman shall | ||||||
| 6 | not be duplicative and shall be separate from
any investigation | ||||||
| 7 | mandated by the Abused and Neglected Child
Reporting Act.
All | ||||||
| 8 | investigations conducted by the Ombudsperson Ombudsman shall | ||||||
| 9 | be
conducted in a manner designed to ensure the preservation of
| ||||||
| 10 | evidence for possible use in a criminal prosecution. | ||||||
| 11 | (e) In performance of his or her duties, the
Ombudsperson | ||||||
| 12 | Ombudsman may: | ||||||
| 13 | (1) review court files of youth; | ||||||
| 14 | (2) recommend policies, rules, and legislation
| ||||||
| 15 | designed to protect youth; | ||||||
| 16 | (3) make appropriate referrals under any of the duties
| ||||||
| 17 | and powers listed in this Section; | ||||||
| 18 | (4) attend internal administrative and disciplinary | ||||||
| 19 | hearings to ensure the rights of youth are fully observed
| ||||||
| 20 | and advocate for the best interest of youth when deemed
| ||||||
| 21 | necessary; and | ||||||
| 22 | (5) perform other acts, otherwise permitted or | ||||||
| 23 | required by law, in furtherance of the purpose of the | ||||||
| 24 | Office; . | ||||||
| 25 | (6) request information related to an investigation | ||||||
| 26 | from any employee or officer of the State and to execute an | ||||||
| |||||||
| |||||||
| 1 | information sharing agreement; | ||||||
| 2 | (7) issue subpoenas to compel the attendance of | ||||||
| 3 | witnesses for purposes of examination and the production of | ||||||
| 4 | documents and other items for inspection or duplication; | ||||||
| 5 | and | ||||||
| 6 | (8) compel prompt statements from State employees or | ||||||
| 7 | contractors and reinterview State employees or contractors | ||||||
| 8 | as necessary. | ||||||
| 9 | (f) To assess if a youth's rights have been violated, the | ||||||
| 10 | Ombudsperson
Ombudsman may, in any matter that does not involve | ||||||
| 11 | alleged
criminal behavior, contact or consult with an | ||||||
| 12 | administrator,
employee, youth, parent, expert, or any other | ||||||
| 13 | individual in the
course of his or her investigation or to | ||||||
| 14 | secure information as
necessary to fulfill his or her duties.
| ||||||
| 15 | (Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
| ||||||
| 16 | (730 ILCS 5/3-2.7-30) | ||||||
| 17 | Sec. 3-2.7-30. Duties of the Department of Juvenile | ||||||
| 18 | Justice. | ||||||
| 19 | (a) The Department of Juvenile Justice shall allow any | ||||||
| 20 | youth to communicate with the Ombudsperson Ombudsman or a | ||||||
| 21 | deputy at any time. The communication: | ||||||
| 22 | (1) may be in person, by phone, by mail, or by any | ||||||
| 23 | other means deemed appropriate in light of security | ||||||
| 24 | concerns; and | ||||||
| 25 | (2) is confidential and privileged. | ||||||
| |||||||
| |||||||
| 1 | (b) The Department shall allow the Ombudsperson Ombudsman | ||||||
| 2 | and deputies full and unannounced access to youth and | ||||||
| 3 | Department facilities at any time. The Department shall furnish | ||||||
| 4 | the Ombudsperson Ombudsman and deputies with appropriate | ||||||
| 5 | meeting space in each facility in order to preserve | ||||||
| 6 | confidentiality. | ||||||
| 7 | (c) The Department shall allow the Ombudsperson Ombudsman | ||||||
| 8 | and deputies to participate in professional development | ||||||
| 9 | opportunities provided by the Department of Juvenile Justice as | ||||||
| 10 | practical and to attend appropriate professional training when | ||||||
| 11 | requested by the Ombudsperson Ombudsman. | ||||||
| 12 | (d) The Department shall provide the Ombudsperson | ||||||
| 13 | Ombudsman copies of critical incident reports involving a youth | ||||||
| 14 | residing in a facility operated by the Department. Critical | ||||||
| 15 | incidents include, but are not limited to, severe injuries that | ||||||
| 16 | result in hospitalization, suicide attempts that require | ||||||
| 17 | medical intervention, sexual abuse, and escapes. | ||||||
| 18 | (e) The Department shall provide the Ombudsperson | ||||||
| 19 | Ombudsman with reasonable advance notice of all internal | ||||||
| 20 | administrative and disciplinary hearings regarding a youth | ||||||
| 21 | residing in a facility operated by the Department. | ||||||
| 22 | (f) The Department of Juvenile Justice may not discharge, | ||||||
| 23 | demote, discipline, or in any manner discriminate or retaliate | ||||||
| 24 | against a youth or an employee who in good faith makes a | ||||||
| 25 | complaint to the Office of the Independent Juvenile | ||||||
| 26 | Ombudsperson Ombudsman or cooperates with the Office.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 2 | (730 ILCS 5/3-2.7-35) | ||||||
| 3 | Sec. 3-2.7-35. Reports. The Independent Juvenile | ||||||
| 4 | Ombudsperson Ombudsman shall provide to the General Assembly | ||||||
| 5 | and the Governor, no later than January 1 of each year, a | ||||||
| 6 | summary of activities done in furtherance of the purpose of
the | ||||||
| 7 | Office for the prior fiscal year. The summaries shall contain | ||||||
| 8 | data both aggregated and disaggregated by individual facility | ||||||
| 9 | and describe: | ||||||
| 10 | (1) the work of the Ombudsperson Ombudsman; | ||||||
| 11 | (2) the status of any review or investigation | ||||||
| 12 | undertaken by
the Ombudsperson Ombudsman, but
may not | ||||||
| 13 | contain any confidential or identifying information
| ||||||
| 14 | concerning the subjects of the reports and investigations; | ||||||
| 15 | and | ||||||
| 16 | (3) any recommendations that the Independent Juvenile | ||||||
| 17 | Ombudsperson
Ombudsman has relating to a systemic issue in | ||||||
| 18 | the Department of Juvenile Justice's provision of services | ||||||
| 19 | and any
other matters for consideration by the General | ||||||
| 20 | Assembly and the Governor.
| ||||||
| 21 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 22 | (730 ILCS 5/3-2.7-40) | ||||||
| 23 | Sec. 3-2.7-40. Complaints. The Office of Independent | ||||||
| 24 | Juvenile Ombudsperson Ombudsman shall promptly and efficiently | ||||||
| |||||||
| |||||||
| 1 | act on complaints made by or on behalf of youth filed with the | ||||||
| 2 | Office that relate to the operations or staff of the Department | ||||||
| 3 | of Juvenile Justice. The Office shall maintain information | ||||||
| 4 | about parties to the complaint, the subject matter of the | ||||||
| 5 | complaint, a summary of the results of the review or | ||||||
| 6 | investigation of the complaint, including any resolution of or | ||||||
| 7 | recommendations made as a result of the complaint. The Office | ||||||
| 8 | shall make information available describing its procedures for | ||||||
| 9 | complaint investigation and resolution. When applicable, the | ||||||
| 10 | Office shall notify the complaining youth that an investigation | ||||||
| 11 | and resolution may result in or will require disclosure of the | ||||||
| 12 | complaining youth's identity. The Office shall periodically | ||||||
| 13 | notify the complaint parties of the status of the complaint | ||||||
| 14 | until final disposition.
| ||||||
| 15 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 16 | (730 ILCS 5/3-2.7-50) | ||||||
| 17 | Sec. 3-2.7-50. Promotion and awareness of Office. The | ||||||
| 18 | Independent Juvenile Ombudsperson Ombudsman shall promote | ||||||
| 19 | awareness among the public and youth of: | ||||||
| 20 | (1) the rights of youth committed to the Department; | ||||||
| 21 | (2) the purpose of the Office; | ||||||
| 22 | (3) how the Office may be contacted; | ||||||
| 23 | (4) the confidential nature of communications; and | ||||||
| 24 | (5) the services the Office provides.
| ||||||
| 25 | (Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/3-2.7-55) | ||||||
| 2 | Sec. 3-2.7-55. Access to information of governmental | ||||||
| 3 | entities. The Department of Juvenile Justice shall provide the | ||||||
| 4 | Independent Juvenile Ombudsperson Ombudsman unrestricted | ||||||
| 5 | access to all master record files of youth under Section 3-5-1 | ||||||
| 6 | of this Code. Access to educational, social, psychological, | ||||||
| 7 | mental health, substance abuse, and medical records shall not | ||||||
| 8 | be disclosed except as provided in Section 5-910 of the | ||||||
| 9 | Juvenile Court Act of 1987, the Mental Health and Developmental | ||||||
| 10 | Disabilities Confidentiality Act, the School Code, and any | ||||||
| 11 | applicable federal laws that govern access to those records.
| ||||||
| 12 | (Source: P.A. 98-1032, eff. 8-25-14.)
| ||||||
| 13 | Section 99. Effective date. This Act takes effect upon | ||||||
| 14 | becoming law.".
| ||||||
