HB3887 102ND GENERAL ASSEMBLY

LRB102 15993 KMF 21364 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3887

Introduced 2/22/2021, 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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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 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)

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 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

(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.

(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.