730 ILCS 5/ Unified Code of Corrections.

(730 ILCS 5/3-2.7-25)

(Text of Section from P.A. 103-22)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson.

(b) The Office of Independent Juvenile Ombudsperson shall have the following duties:

(1) review and monitor the implementation of the rules and standards established by the Department of Juvenile Justice and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the Ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;

(3) investigate and attempt to resolve complaints made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:

(A) a youth committed to the Department of Juvenile Justice or the youth's family is in need of assistance from the Office; or

(B) a systemic issue in the Department of Juvenile Justice's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and regularly with youth committed to the Department and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice program or operation;

(3) serious problems concerning the delivery of services in a facility operated by or under contract with the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the Ombudsperson.

(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(e) In performance of the Ombudsperson's duties, the Ombudsperson may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation designed to protect youth;

(3) make appropriate referrals under any of the duties and powers listed in this Section;

(4) attend internal administrative and disciplinary hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and

(5) perform other acts, otherwise permitted or required by law, in furtherance of the purpose of the Office.

(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)

(Text of Section from P.A. 103-397)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsman shall function independently within the Department of Juvenile Justice and county-operated juvenile detention centers with respect to the operations of the Office in performance of his or her duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsman shall adopt rules and standards as may be necessary or desirable to carry out his or her duties. Funding for the Office shall be designated separately within Department funds and shall include funds for operations at county-operated juvenile detention centers. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsman. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsman to meet confidentially with youth and otherwise in performance of his or her duties under this Article.

(b) The Office of Independent Juvenile Ombudsman shall have the following duties:

(1) review and monitor the implementation of the rules and standards established by the Department of Juvenile Justice and county-operated juvenile detention centers and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the Ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;

(3) investigate and attempt to resolve complaints made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:

(A) a youth committed to the Department of Juvenile Justice or a county-operated juvenile detention center or the youth's family is in need of assistance from the Office; or

(B) a systemic issue in the Department of Juvenile Justice's or county-operated juvenile detention center's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any county-operated juvenile detention center or any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and regularly with youth committed to the Department or a county-operated juvenile detention center and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor, and for cases that arise in county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice or county-operated juvenile detention center program or operation;

(3) serious problems concerning the delivery of services in a county-operated juvenile detention center or a facility operated by or under contract with the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice or county-operated juvenile detention center with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the Ombudsman.

(d) Notwithstanding any other provision of law, the Ombudsman may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsman determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he or she shall immediately notify the Illinois State Police. 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 Governor's Executive Inspector General for investigation. If the Ombudsman receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsman shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsman shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsman shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(e) In performance of his or her duties, the Ombudsman may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation designed to protect youth;

(3) make appropriate referrals under any of the duties and powers listed in this Section;

(4) attend internal administrative and disciplinary hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and

(5) perform other acts, otherwise permitted or required by law, in furtherance of the purpose of the Office.

(f) To assess if a youth's rights have been violated, the Ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of his or her investigation or to secure information as necessary to fulfill his or her duties.

(Source: P.A. 102-538, eff. 8-20-21; 103-397, eff. 1-1-25.)

(730 ILCS 5/3-2.7-30)

(Text of Section from P.A. 103-22)

Sec. 3-2.7-30. Duties of the Department of Juvenile Justice.

(a) The Department of Juvenile Justice shall allow any youth to communicate with the Ombudsperson or a deputy at any time. The communication:

(1) may be in person, by phone, by mail, or by any other means deemed appropriate in light of security concerns; and

(2) is confidential and privileged.

(b) The Department shall allow the Ombudsperson and deputies full and unannounced access to youth and Department facilities at any time. The Department shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality.

(c) The Department shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice as practical and to attend appropriate professional training when requested by the Ombudsperson.

(d) The Department shall provide the Ombudsperson copies of critical incident reports involving a youth residing in a facility operated by the Department. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.

(e) The Department shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department.

(f) The Department of Juvenile Justice may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsperson or cooperates with the Office.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section from P.A. 103-397)

Sec. 3-2.7-30. Duties of the Department of Juvenile Justice or county-operated juvenile detention center.

(a) The Department of Juvenile Justice and every county-operated juvenile detention center shall allow any youth to communicate with the Ombudsman or a deputy at any time. The communication:

(1) may be in person, by phone, by mail, or by any other means deemed appropriate in light of security concerns; and

(2) is confidential and privileged.

(b) The Department and county-operated juvenile detention centers shall allow the Ombudsman and deputies full and unannounced access to youth and Department facilities and county-operated juvenile detention centers at any time. The Department and county-operated juvenile detention centers shall furnish the Ombudsman and deputies with appropriate meeting space in each facility in order to preserve confidentiality.

(c) The Department and county-operated juvenile detention centers shall allow the Ombudsman and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice and county-operated juvenile detention centers as practical and to attend appropriate professional training when requested by the Ombudsman.

(d) The Department and county-operated juvenile detention centers shall provide the Ombudsman copies of critical incident reports involving a youth residing in a facility operated by the Department or a county-operated juvenile detention center. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.

(e) The Department and county-operated juvenile detention centers shall provide the Ombudsman with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department or a county-operated juvenile detention center.

(f) The Department of Juvenile Justice and county-operated juvenile detention centers may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsman or cooperates with the Office.

(Source: P.A. 103-397, eff. 1-1-25.)

(730 ILCS 5/3-2.7-35)

(Text of Section from P.A. 103-22)

Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe:

(1) the work of the Ombudsperson;

(2) the status of any review or investigation undertaken by the Ombudsperson, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and

(3) any recommendations that the Independent Juvenile Ombudsperson has relating to a systemic issue in the Department of Juvenile Justice's provision of services and any other matters for consideration by the General Assembly and the Governor.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section from P.A. 103-397)

Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe:

(1) the work of the Ombudsman;

(2) the status of any review or investigation undertaken by the Ombudsman, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and

(3) any recommendations that the Independent Juvenile Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's or a county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly and the Governor.

With respect to county-operated juvenile detention centers, the Ombudsman shall provide data responsive to paragraphs (1) through (3) to the chief judge of the applicable judicial circuit and to the Director of the Administrative Office of the Illinois Courts, and shall make the data publicly available.

(Source: P.A. 103-397, eff. 1-1-25.)

(730 ILCS 5/3-2.7-40)

(Text of Section from P.A. 103-22)

Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section from P.A. 103-397)

Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsman shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice or a county-operated juvenile detention center. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.

(Source: P.A. 103-397, eff. 1-1-25.)

(730 ILCS 5/3-2.7-45)

Sec. 3-2.7-45. Confidentiality. The name, address, or other personally identifiable information of a person who files a complaint with the Office, information generated by the Office related to a complaint or other activities of the Office, and confidential records obtained by the Office are not subject to disclosure under the Freedom of Information Act. The Office shall disclose the records only if required by court order on a showing of good cause.

(Source: P.A. 98-1032, eff. 8-25-14.)

(730 ILCS 5/3-2.7-50)

(Text of Section from P.A. 103-22)

Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsperson shall promote awareness among the public and youth of:

(1) the rights of youth committed to the Department;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section from P.A. 103-397)

Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsman shall promote awareness among the public and youth of:

(1) the rights of youth committed to the Department and county-operated juvenile detention centers;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 103-397, eff. 1-1-25.)