Bill Text: IL HB3887 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections Ombudsman Bureau is established as a separate bureau within the Department of Corrections. Provides that the Governor shall appoint a Director of the Bureau within 30 days of the effective date of the amendatory Act. Provides that the Ombudsman may receive, investigate, and attempt to resolve complaints that the Department: (1) violated a specific law, rule, or Department written policy; or (2) endangered the health or safety or any person. Provides that if the Ombudsman discovers evidence that the Ombudsman reasonably believes constitutes the commission of a crime, the Ombudsman immediately shall, if the Ombudsman considers it appropriate, inform the Director of the Department, who shall conduct an investigation. Provides that an Ombudsman shall be given: (1) appropriate access to the records of an offender who files a complaint; and immediate access to any correctional facility administered or supervised by the Department. Amends the Criminal Code of 2012. Creates the offense of obstruction of the Ombudsman. This offense is a Class A misdemeanor. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB3887 Detail]

Download: Illinois-2021-HB3887-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3887 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
See Index
Amends the Unified Code of Corrections. Provides that the Department of Corrections Ombudsman Bureau is established as a separate bureau within the Department of Corrections. Provides that the Governor shall appoint a Director of the Bureau within 30 days of the effective date of the amendatory Act. Provides that the Ombudsman may receive, investigate, and attempt to resolve complaints that the Department: (1) violated a specific law, rule, or Department written policy; or (2) endangered the health or safety or any person. Provides that if the Ombudsman discovers evidence that the Ombudsman reasonably believes constitutes the commission of a crime, the Ombudsman immediately shall, if the Ombudsman considers it appropriate, inform the Director of the Department, who shall conduct an investigation. Provides that an Ombudsman shall be given: (1) appropriate access to the records of an offender who files a complaint; and immediate access to any correctional facility administered or supervised by the Department. Amends the Criminal Code of 2012. Creates the offense of obstruction of the Ombudsman. This offense is a Class A misdemeanor. Makes other changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 31-10 as follows:
(720 ILCS 5/31-10 new)
Sec. 31-10. Obstruction of the Ombudsman.
(a) A person commits obstruction of the Ombudsman when he
or she:
(1) intentionally interferes with or prevents the
completion of the work of the Department of Corrections
Independent Ombudsman described in Article Ch. III Art.
2.1 of the Unified Code of Corrections;
(2) knowingly offers compensation to the Department of
Corrections Independent Ombudsman in an effort to affect
the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against an
offender or another person who provides information to the
Department of Corrections Independent Ombudsman; or
(4) makes threats because of an investigation or
potential investigation against:
(A) the Department of Corrections Independent

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Ombudsman;
(B) a person who has filed a complaint; or
(C) a person who provides information to the
Department of Corrections Independent Ombudsman.
(b) Sentence. Obstruction of the Ombudsman is a Class A
misdemeanor.
Section 10. The Unified Code of Corrections is amended by
adding Article 2.1 to Chapter III as follows:
(730 ILCS 5/Art. Ch. III Art. 2.1 heading new)
ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT OMBUDSMAN
(730 ILCS 5/3-2.1-1 new)
Sec. 3-2.1-1. Short title. This Article may be cited as
the Department of Corrections Independent Ombudsman Law.
(730 ILCS 5/3-2.1-5 new)
Sec. 3-2.1-5. Definitions.
In this Article:
"Bureau" means the Department of Corrections Ombudsman
Bureau established in this Article including persons
approved to act in the capacity of Ombudsman by the
Bureau.
"Department" means the Department of Corrections.
"Ombudsman" means an employee of the Bureau who

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investigates and resolves complaints that the Department
endangered the health and safety of any person or that the
Department violated specific laws, rules, or written
policies.
(730 ILCS 5/3-2.1-10 new)
Sec. 3-2.1-10. Department of Corrections Ombudsman Bureau.
The Department of Corrections Ombudsman Bureau is established
as a separate bureau within the Department.
(730 ILCS 5/3-2.1-15 new)
Sec. 3-2.1-15. Director of the Bureau; employees.
(a) The Governor shall appoint a Director of the Bureau
within 30 days of the effective date of this amendatory Act of
the 102nd General Assembly. The Governor shall appoint a
successor Director within 30 days after a vacancy occurs in
the position of the director. The Director shall serve at the
pleasure of the Governor.
(b) The Director may employ technical experts and other
employees to carry out the purposes of this Article. The
Director may not hire a person to serve as an Ombudsman who has
been employed by the Department during the proceeding year.
(c) The Department shall provide and maintain office space
for the Bureau.
(730 ILCS 5/3-2.1-20 new)

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Sec. 3-2.1-20. Powers of Ombudsman.
(a) The Ombudsman may receive, investigate, and attempt to
resolve complaints that the Department:
(1) violated a specific law, rule, or Department
written policy; or
(2) endangered the health or safety or any person.
However, the Ombudsman shall not investigate a complaint
from an employee of the Department that relates to the
employee's employment relationship with the Department. The
Ombudsman shall not investigate complaints alleging violations
of the State Officials and Employees Ethics Act. If the
Ombudsman determines that a possible violation of the State
Officials and Employees Ethics Act has occurred, he or she
shall immediately refer the incident to the Office of the
Inspector General.
(b) At the conclusion of an investigation of a complaint,
the Ombudsman shall report his or her findings to the
complainant.
(c) If the Ombudsman does not investigate a complaint, the
Ombudsman shall notify the complainant of the decision not to
investigate and the reasons for the decision.
(d) The Ombudsman shall create a monthly report that
includes a summary of the findings of all substantiated
complaints.
(e) The Ombudsman may conduct investigations of alleged
violations of Department policy, State or federal laws, and

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Department rules at any Department facility.
(f) The Ombudsman may recommend changes to the Director of
the Department concerning Department policies or practices
based upon information learned or observations made by the
Ombudsman during the course of an investigation.
(g) If the Ombudsman discovers evidence that the Ombudsman
reasonably believes constitutes the commission of a crime, the
Ombudsman immediately shall, if the Ombudsman considers it
appropriate, inform the Director of the Department, who shall
conduct an investigation. If, after conducting the
investigation, the Director has reasonable suspicion to
believe that a crime has been committed, the Director shall:
(1) if the crime involves any person who is not an
offender, immediately report the crime to an appropriate
law enforcement agency; and
(2) if no person other than the offender is involved
in the crime, immediately report the crime to an
appropriate law enforcement agency if the Director
believes that the prison disciplinary process is not
appropriate.
(730 ILCS 5/3-2.1-25 new)
Sec. 3-2.1-25. Access to records and facilities.
(a) An Ombudsman shall be given:
(1) appropriate access to the records of an offender
who files a complaint under this Article; and

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(2) immediate access to any correctional facility
administered or supervised by the Department.
(b) A State or local government agency or entity that has
records that are relevant to a complaint or an investigation
conducted by the Ombudsman shall provide the Ombudsman with
access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary
procedure dealing with an employee of the Department.
(730 ILCS 5/3-2.1-30 new)
Sec. 3-2.1-30. Duties of Ombudsman.
(a) The Ombudsman shall:
(1) establish procedures to receive and investigate
complaints;
(2) establish access controls for all information
maintained by the Bureau; and
(3) except as is necessary to investigate and resolve
a complaint, ensure that the identity of a complainant
will not be disclosed without:
(A) the complainant's written consent; or
(B) a court order.
(b) The correspondence and communication between the
Ombudsman and any person is a privileged communication.

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(730 ILCS 5/3-2.1-35 new)
Sec. 3-2.1-35. Rulemaking, liability.
(a) The Bureau may adopt rules to carry out its duties
under this Article.
(b) The Ombudsman is not civilly liable for the good faith
performance of official duties.
(730 ILCS 5/3-2.1-40 new)
Sec. 3-2.1-40. Reporting. The Director of the Bureau shall
prepare a report each year on the operations of the Bureau. A
copy of the report shall be provided to: the Governor, the
General Assembly, and the Director of the Department.
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INDEX
Statutes amended in order of appearance