HB3316 104TH GENERAL ASSEMBLY

LRB104 12030 RLC 22125 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3316

Introduced 2/18/2025, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

See Index

Amends the Unified Code of Corrections. Provides that the Department of Corrections Ombudsperson 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 Ombudsperson 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 Ombudsperson discovers evidence that the Ombudsperson reasonably believes constitutes the commission of a crime, the Ombudsperson immediately shall, if the Ombudsperson considers it appropriate, inform the Director of the Department, who shall conduct an investigation. Provides that an Ombudsperson 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 Ombudsperson. Provides that the offense is a Class A misdemeanor. Makes other changes.

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 Ombudsperson.

(a) A person commits obstruction of the Ombudsperson when he or she:

(1) intentionally interferes with or prevents the completion of the work of the Department of Corrections Independent Ombudsperson described in Article 2.1 of Chapter III of the Unified Code of Corrections;

(2) knowingly offers compensation to the Department of Corrections Independent Ombudsperson 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 Ombudsperson; or

(4) makes threats because of an investigation or potential investigation against:

(A) the Department of Corrections Independent Ombudsperson;

(B) a person who has filed a complaint; or

(C) a person who provides information to the Department of Corrections Independent Ombudsperson.

(b) Sentence. Obstruction of the Ombudsperson 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/Ch. III Art. 2.1 heading new)

ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT

OMBUDSPERSON

(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 Ombudsperson Law.

(730 ILCS 5/3-2.1-5 new)

Sec. 3-2.1-5. Definitions. In this Article:

"Bureau" means the Department of Corrections Ombudsperson Bureau established in this Article, including persons approved to act in the capacity of Ombudsperson by the Bureau.

"Department" means the Department of Corrections.

"Ombudsperson" 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 Ombudsperson Bureau. The Department of Corrections Ombudsperson 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 104th 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 Ombudsperson 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 Ombudsperson.

(a) The Ombudsperson 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 Ombudsperson shall not investigate a complaint from an employee of the Department that relates to the employee's employment relationship with the Department. The Ombudsperson shall not investigate complaints alleging violations of the State Officials and Employees Ethics Act. If the Ombudsperson 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 Ombudsperson shall report his or her findings to the complainant.

(c) If the Ombudsperson does not investigate a complaint, the Ombudsperson shall notify the complainant of the decision not to investigate and the reasons for the decision.

(d) The Ombudsperson shall create a monthly report that includes a summary of the findings of all substantiated complaints.

(e) The Ombudsperson may conduct investigations of alleged violations of Department policy, State or federal laws, and Department rules at any Department facility.

(f) The Ombudsperson may recommend changes to the Director of the Department concerning Department policies or practices based upon information learned or observations made by the Ombudsperson during the course of an investigation.

(g) If the Ombudsperson discovers evidence that the Ombudsperson reasonably believes constitutes the commission of a crime, the Ombudsperson immediately shall, if the Ombudsperson 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 Ombudsperson 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 Ombudsperson shall provide the Ombudsperson 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 Ombudsperson.

(a) The Ombudsperson 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 Ombudsperson 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 Ombudsperson 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.