Bill Text: IL HB4845 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Creates the Department of Corrections Independent Ombudsperson Law. Provides that the Corrections Oversight Committee shall appoint the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. Provides that the Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those departments. Establishes the duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall: (1) monitor and inspect facilities of the Department of Corrections; (2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons; (3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities; (4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and (5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data. Establishes other duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. Provides that all reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees. Effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4845 Detail]

Download: Illinois-2023-HB4845-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4845 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
See Index
Amends the Unified Code of Corrections. Creates the Department of Corrections Independent Ombudsperson Law. Provides that the Corrections Oversight Committee shall appoint the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. Provides that the Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those departments. Establishes the duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall: (1) monitor and inspect facilities of the Department of Corrections; (2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons; (3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities; (4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and (5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data. Establishes other duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. Provides that all reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees. Effective July 1, 2024.
LRB103 38401 RLC 68536 b
A BILL FOR
HB4845 LRB103 38401 RLC 68536 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
adding Article 2.8 to Chapter III as follows:
(730 ILCS 5/Ch. III Art. 2.8 heading new)
ARTICLE 2.8. DEPARTMENT OF CORRECTIONS INDEPENDENT
OMBUDSPERSON
(730 ILCS 5/3-2.8-1 new)
Sec. 3-2.8-1. Short title. This Article may be cited as
the Department of Corrections Independent Ombudsperson Law.
(730 ILCS 5/3-2.8-2 new)
Sec. 3-2.8-2. Purpose. The General Assembly finds that to
increase transparency and accountability in the State
corrections system, an Independent Corrections Ombudsperson's
office should be created to investigate complaints, inspect
correctional facilities, and recommend improvements in this
State's corrections system.
(730 ILCS 5/3-2.8-3 new)
Sec. 3-2.8-3. Appointment of Independent Corrections

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Ombudsperson. The Corrections Oversight Committee created by
the Independent Corrections Oversight Committee Act shall
appoint the Independent Corrections Ombudsperson. The
Independent Corrections Ombudsperson shall serve a term of 6
years and may be only removed from office by the Governor for
cause. The Independent Corrections Ombudsperson shall not be a
current or former employee of the Department of Corrections,
the Department of Juvenile Justice, or a contractor for those
Departments.
(730 ILCS 5/3-2.8-4 new)
Sec. 3-2.8-4. Independent Corrections Ombudsperson's
duties.
(a) The Independent Corrections Ombudsperson shall:
(1) monitor and inspect facilities of the Department
of Corrections;
(2) investigate unresolved complaints from committed
persons, their families, and corrections staff regarding
correctional facility conditions and treatment of
committed persons;
(3) create a uniform reporting system and collect and
analyze data related to deaths, suicides, sexual and
physical assaults, lockdowns, staff vacancies and
committed persons-to-staff ratios, visits to committed
persons, and use of solitary confinement in correctional
facilities;

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(4) conduct regular inspections of correctional
facilities at least once every year for facilities not
meeting standards, and at least once every 36 months for
facilities that are meeting standards; and
(5) publicly issue periodic facility inspection
reports and an annual report with recommendations and a
summary of data.
(b) The Independent Corrections Ombudsperson may:
(1) access and inspect any correctional facility at
any time, with or without prior notice to the Department
of Corrections or facility officials;
(2) have confidential and privileged interviews with
any corrections staff or committed person;
(3) access and review any Department of Corrections
documents related to correctional facility operations or
complaints received;
(4) establish a telephone hotline and complaint
submission forms for committed persons, their family
members, and corrections staff to use to submit complaints
to the Independent Corrections Ombudsperson via the
Internet, submission of a paper form, or submission of the
form via a secure, confidential Intranet system inside the
correctional facility.
(c) The Department of Corrections must respond in writing
within 20 days with a corrective action plan. The Independent
Corrections Ombudsperson shall monitor the Department's

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compliance with corrective action plans issued in response to
inspection reports and recommendations.
(d) The Independent Corrections Ombudsperson shall
promptly respond to complaints and explain in writing any
decisions not to take action. The Independent Corrections
Ombudsperson shall treat complaints received as confidential
and protect the anonymity of people submitting complaints. The
Independent Corrections Ombudsperson shall initiate
investigations, on the Independent Corrections Ombudsperson's
own or in response to requests from corrections staff or
committed persons or their families, relating to correctional
facility conditions, abuse, or neglect, Department of
Corrections decisions or actions or omissions, policies,
rules, or procedures, or alleged legal violations by
correctional staff that adversely affect the health, safety,
welfare, and rights of committed persons.
(e) The Independent Corrections Ombudsperson shall issue a
decision on any investigations to the committed person
involved and to the Department of Corrections, with an
explanation of its decision and recommendations.
(f) The Independent Corrections Ombudsperson shall request
that the Department of Corrections respond to an Ombudsperson
decision on an investigation in writing, with an explanation
of the Department's action or inaction on the Independent
Corrections Ombudsperson's recommendations.
(g) The Independent Corrections Ombudsperson shall report

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significant committed persons' health, safety, welfare, and
rehabilitation issues to the Governor, Attorney General, the
Director of Corrections, and the House and Senate Judiciary
Committees.
(h) The Department of Corrections, its employees, or
contractors may not terminate its employees nor retaliate
against any person who submits a complaint to the Independent
Corrections Ombudsperson. If the Department of Corrections
discharges an employee in retaliation for making complaints to
the Independent Corrections Ombudsperson, the terminated
employee may seek back-pay in a civil action against the
Department.
(i) The Independent Corrections Ombudsperson shall report
regularly on its activities, investigations, and inspections,
including an annual report, which shall be presented to and
discussed at a meeting of the Corrections Oversight Committee
and make other reports on topics of special interest. All
reports of the Independent Corrections Ombudsperson shall be
made available to the public online and provided to the
Director of Corrections, the Governor, the Attorney General,
and the House and Senate Judiciary Committees.
(j) The Independent Corrections Ombudsperson may hire
staff and unpaid volunteers and contract with experts to help
perform the Independent Corrections Ombudsperson's duties.
Section 99. Effective date. This Act takes effect July 1,
2024.
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INDEX
Statutes amended in order of appearance