Rep. Rita Mayfield

Filed: 3/26/2019

 

 


 

 


 
10100HB2292ham001LRB101 10346 SLF 56350 a

1
AMENDMENT TO HOUSE BILL 2292

2    AMENDMENT NO. ______. Amend House Bill 2292 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5adding Article 2.1 to Chapter III and by changing the heading
6of Article 2.7 of Chapter III and Sections 3-2.7-1, 3-2.7-5,
73-2.7-10, 3-2.7-15, 3-2.7-20, 3-2.7-25, 3-2.7-30, 3-2.7-35,
83-2.7-40, 3-2.7-45, 3-2.7-50, and 3-2.7-55 as follows:
 
9    (730 ILCS 5/Art. Ch. III Art. 2.1 heading new)
10
ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT
11
OMBUDSPERSON

 
12    (730 ILCS 5/3-2.1-1 new)
13    Sec. 3-2.1-1. Short title. This Article may be cited as the
14Department of Corrections Independent Office of the
15Ombudsperson Law.
 

 

 

10100HB2292ham001- 2 -LRB101 10346 SLF 56350 a

1    (730 ILCS 5/3-2.1-3 new)
2    Sec. 3-2.1-3. Purpose. The purpose of this Article is to
3create within the Department of Corrections an Independent
4Office of the Ombudsperson for the purpose of providing people
5living in State-run correctional facilities or living under the
6requirements or mandatory supervised release or parole with a
7non-adversarial process that will redress and prevent abuse,
8neglect, violations of law, policy, or best practice at the
9hands of employees or contractors of the Department.
 
10    (730 ILCS 5/3-2.1-5 new)
11    Sec. 3-2.1-5. Definitions. In this Article, unless context
12requires otherwise:
13    "Department" means the Department of Corrections.
14    "Immediate family or household member" means the spouse,
15child, parent, brother, sister, grandparent, or grandchild,
16whether of the whole blood or half blood or by adoption, or a
17person who shares a common dwelling.
18    "Department of Corrections system" means all activities by
19public or private agencies or persons pertaining to persons
20involved in or having contact with the police, courts, or
21corrections.
22    "Juvenile justice system" means all activities by public or
23private agencies or persons pertaining to youth involved in or
24having contact with the police, courts, or corrections.

 

 

10100HB2292ham001- 3 -LRB101 10346 SLF 56350 a

1    "Office" means the Independent Office of the Corrections
2Ombudsperson.
3    "Ombudsperson" means the director of the Independent
4Office of the Corrections Ombudsperson.
5    "Person" means any person committed by court order to the
6custody of the Department of Corrections, including people
7released on mandatory supervised release or parole before final
8discharge.
 
9    (730 ILCS 5/3-2.1-10 new)
10    Sec. 3-2.1-10. Appointment of Independent Corrections
11Ombudsperson. The Governor shall appoint the Independent
12Corrections Ombudsperson with the advice and consent of the
13Senate for a term of 4 years, with the first term expiring
14February 1, 2024. A person appointed as Ombudsperson may be
15reappointed to one or more subsequent terms. A vacancy shall
16occur upon resignation, death, or removal. The Ombudsperson may
17only be removed by the Governor for incompetency, malfeasance,
18neglect of duty, or conviction of a felony. If the Senate is
19not in session or is in recess when an appointment subject to
20its confirmation is made, the Governor shall make a temporary
21appointment which shall be subject to subsequent Senate
22approval. The Ombudsperson may employ deputies to perform,
23under the direction of the Ombudsperson, the same duties and
24exercise the same powers as the Ombudsperson, and may employ
25other support staff as deemed necessary. The Ombudsperson and

 

 

10100HB2292ham001- 4 -LRB101 10346 SLF 56350 a

1deputies must:
2    (1) be over the age of 21 years;
3    (2) have a bachelor's or advanced degree from an accredited
4college or university; and
5    (3) have relevant expertise in areas such as the criminal
6justice system, investigations, or civil rights advocacy as
7evidenced by experience in the field or by academic background.
 
8    (730 ILCS 5/3-2.1-15 new)
9    Sec. 3-2.1-15. Conflicts of interest. A person may not
10serve as Ombudsperson or as a deputy if the person or the
11person's immediate family or household member:
12    (1) is or has been employed by the Department of Juvenile
13Justice or the Department of Corrections within 5 years prior
14to appointment, other than as Ombudsperson or Deputy
15Ombudsperson;
16    (2) participates in the management of a business entity or
17other organization receiving funds from the Department of
18Corrections;
19    (3) owns or controls, directly or indirectly, any interest
20in a business entity or other organization receiving funds from
21the Department of Corrections;
22    (4) uses or receives any amount of tangible goods,
23services, or funds from the Department of Corrections, other
24than as Ombudsperson or Deputy Ombudsperson; or
25    (5) is required to register as a lobbyist for an

 

 

10100HB2292ham001- 5 -LRB101 10346 SLF 56350 a

1organization that interacts with the juvenile justice or
2Department of Corrections system.
 
3    (730 ILCS 5/3-2.1-20 new)
4    Sec. 3-2.1-20. Duties and powers.
5    (a) The Independent Corrections Ombudsperson shall
6function independently within the Department of Corrections
7with respect to the operations of the Office in performance of
8his or her duties under this Article and shall report to the
9Governor. The Ombudsperson shall adopt rules and standards as
10may be necessary or desirable to carry out his or her duties.
11Funding for the Office shall be 3% of the Department's budget
12and designated separately within Department funds. The
13Department shall provide necessary administrative services and
14facilities to the Office of the Independent Corrections
15Ombudsperson.
16    (b) The Office of Independent Corrections Ombudsperson
17shall have the following duties:
18        (1) review and monitor the implementation of the rules
19    and standards established by the Department of Corrections
20    and evaluate the delivery of services;
21        (2) provide assistance to a person or family whom the
22    Ombudsperson determines is in need of assistance,
23    including advocating with an agency, provider, or other
24    person in the best interests of the person;
25        (2.5) develop and disseminate a process through which

 

 

10100HB2292ham001- 6 -LRB101 10346 SLF 56350 a

1    people in State custody or their family members or
2    representatives can file and track complaints;
3        (3) review all complaints and investigate and attempt
4    to resolve complaints made by or on behalf of a person,
5    other than complaints alleging violations of the State
6    Officials and Employees Ethics Act and:
7            (A) a person committed to the Department of
8        Corrections or the person's family, support system, or
9        representative is in need of assistance from the
10        Office; or
11            (B) a systemic issue in the Department of
12        Corrections' provision of services is raised by a
13        complaint;
14        (4) review or inspect periodically the facilities and
15    procedures of any facility in which a person has been
16    placed by the Department of Corrections to ensure that each
17    person in State custody is treated fairly and with basic
18    respect, has access to appropriate programs, services, and
19    accommodations and is protected from any violations of law
20    or policy; and
21        (5) be accessible to and meet confidentially and
22    regularly with a person committed to the Department and
23    serve as a resource by informing them of pertinent laws,
24    rules, and policies, and their rights thereunder.
25    (c) The nature of all complaints and recommendations shall
26be made available on the Ombudsperson website and reported

 

 

10100HB2292ham001- 7 -LRB101 10346 SLF 56350 a

1immediately to Director of Corrections, the General Assembly,
2and the Governor.
3    (d) Notwithstanding any other provision of law, the
4Ombudsperson may not investigate violations of the State
5Officials and Employees Ethics Act. If the Ombudsperson
6determines that a possible criminal act has been committed, or
7that special expertise is required in the investigation, he or
8she shall immediately notify the Department of State Police. If
9the Ombudsperson determines that a possible violation of the
10State Officials and Employees Ethics Act has occurred, he or
11she shall immediately refer the incident to the Office of the
12Governor's Executive Inspector General for investigation. All
13investigations conducted by the Ombudsperson shall be
14conducted in a manner designed to ensure the preservation of
15evidence for possible use in a criminal prosecution.
16    (e) In performance of his or her duties, the Ombudsperson
17may:
18        (1) review court files of persons in custody;
19        (2) recommend policies, rules, and legislation
20    designed to protect persons in custody;
21        (3) make appropriate referrals under any of the duties
22    and powers listed in this Section;
23        (4) attend internal administrative and disciplinary
24    hearings to ensure the rights of persons in custody are
25    fully observed and advocate for the best interest of those
26    persons when deemed necessary;

 

 

10100HB2292ham001- 8 -LRB101 10346 SLF 56350 a

1        (5) request information related to an investigation
2    from any employee or officer of the State and to execute an
3    information sharing agreement;
4        (6) issue subpoenas to compel the attendance of
5    witnesses for purposes of examination and the production of
6    documents and other items for inspection or duplication;
7        (7) compel prompt statements from State employees or
8    contractors and reinterview State employees or contractors
9    as necessary; and
10        (8) perform other acts, otherwise permitted or
11    required by law, in furtherance of the purpose of the
12    Office.
13    (f) To assess if a person's rights have been violated, the
14Ombudsperson may, in any matter that does not involve alleged
15criminal behavior, contact or consult with an administrator,
16employee, person, expert, or any other individual in the course
17of his or her investigation or to secure information as
18necessary to fulfill his or her duties.
 
19    (730 ILCS 5/3-2.1-25 new)
20    Sec. 3-2.1-25. Duties of the Department of Corrections.
21    (a) The Department of Corrections shall allow any person to
22communicate with the Ombudsperson or a deputy at any time. The
23communication:
24        (1) may be in person, by phone, by mail, or by any
25    other means deemed appropriate in light of security

 

 

10100HB2292ham001- 9 -LRB101 10346 SLF 56350 a

1    concerns; and
2        (2) is confidential and privileged.
3    (b) The Department shall allow the Ombudsperson and
4deputies full and unannounced access to persons and Department
5facilities at any time. The Department shall furnish the
6Ombudsperson and deputies with appropriate meeting space in
7each facility in order to preserve confidentiality.
8    (c) The Department shall allow the Ombudsperson and
9deputies to participate in professional development
10opportunities provided by the Department of Juvenile Justice as
11practical and to attend appropriate professional training when
12requested by the Ombudsperson.
13    (d) The Department shall provide the Ombudsperson copies of
14critical incident reports involving a person residing in a
15facility operated by the Department. Critical incidents
16include, but are not limited to, severe injuries that result in
17hospitalization, suicide attempts that require medical
18intervention, sexual abuse, and escapes.
19    (e) The Department shall provide the Ombudsperson with
20reasonable advance notice of all internal administrative and
21disciplinary hearings regarding a person residing in a facility
22operated by the Department.
23    (f) The Department of Corrections may not discharge,
24demote, discipline, or in any manner discriminate or retaliate
25against a person or an employee who in good faith makes a
26complaint to the Office of the Independent Corrections

 

 

10100HB2292ham001- 10 -LRB101 10346 SLF 56350 a

1Ombudsperson or cooperates with the Office.
 
2    (730 ILCS 5/3-2.1-30 new)
3    Sec. 3-2.1-30. Reports. The Independent Corrections
4Ombudsperson shall provide to the General Assembly and the
5Governor, no later than January 1 of each year, a summary of
6activities done in furtherance of the purpose of the Office for
7the prior fiscal year. The summaries shall contain data both
8aggregated and disaggregated by individual facility and
9describe:
10    (1) the work of the Ombudsperson;
11    (2) the status of any review or investigation undertaken by
12the Ombudsperson, but may not contain any confidential or
13identifying information concerning the subjects of the reports
14and investigations; and
15    (3) any recommendations that the Independent Corrections
16Ombudsperson has relating to a systemic issue in the Department
17of Corrections' provision of services and any other matters for
18consideration by the General Assembly and the Governor.
 
19    (730 ILCS 5/3-2.1-35 new)
20    Sec. 3-2.1-35. Complaints. The Office of Independent
21Corrections Ombudsperson shall promptly and efficiently act on
22complaints made by or on behalf of person filed with the Office
23that relate to the operations or staff of the Department of
24Corrections. The Office shall maintain information about

 

 

10100HB2292ham001- 11 -LRB101 10346 SLF 56350 a

1parties to the complaint, the subject matter of the complaint,
2a summary of the results of the review or investigation of the
3complaint, including any resolution of or recommendations made
4as a result of the complaint. The Office shall make information
5available describing its procedures for complaint
6investigation and resolution. When applicable, the Office
7shall notify the complaining person that an investigation and
8resolution may result in or will require disclosure of the
9complaining person's identity. The Office shall periodically
10notify the parties who filed the complaint of the status of the
11complaint until final disposition.
 
12    (730 ILCS 5/3-2.1-40 new)
13    Sec. 3-2.1-40. Confidentiality. The name, address, or
14other personally identifiable information of a person who files
15a complaint with the Office, information generated by the
16Office related to a complaint or other activities of the
17Office, and confidential records obtained by the Office are not
18subject to disclosure under the Freedom of Information Act. The
19Office shall disclose the records only if required by court
20order on a showing of good cause.
 
21    (730 ILCS 5/3-2.1-45 new)
22    Sec. 3-2.1-45. Promotion and awareness of Office. The
23Independent Corrections Ombudsperson shall promote awareness
24among the public and persons of:

 

 

10100HB2292ham001- 12 -LRB101 10346 SLF 56350 a

1    (1) the rights of persons committed to the Department;
2    (2) the purpose of the Office;
3    (3) how the Office may be contacted;
4    (4) the confidential nature of communications; and
5    (5) the services the Office provides.
 
6    (730 ILCS 5/3-2.1-50 new)
7    Sec. 3-2.1-50. Access to information of governmental
8entities. The Department of Corrections shall provide the
9Independent Corrections Ombudsperson unrestricted access to
10all master record files of persons under Section 3-5-1 of this
11Code. Access to educational, social, psychological, mental
12health, substance abuse, and medical records shall not be
13disclosed except as provided in Section 5-910 of the Juvenile
14Court Act of 1987, the Mental Health and Developmental
15Disabilities Confidentiality Act, the School Code, and any
16applicable federal laws that govern access to those records.
 
17    (730 ILCS 5/Ch. III Art. 2.7 heading)
18
ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE
19
INDEPENDENT JUVENILE OMBUDSPERSON OMBUDSMAN
20(Source: P.A. 98-1032, eff. 8-25-14.)
 
21    (730 ILCS 5/3-2.7-1)
22    Sec. 3-2.7-1. Short title. This Article may be cited as the
23Department of Juvenile Justice Independent Juvenile

 

 

10100HB2292ham001- 13 -LRB101 10346 SLF 56350 a

1Ombudsperson Ombudsman Law.
2(Source: P.A. 98-1032, eff. 8-25-14.)
 
3    (730 ILCS 5/3-2.7-5)
4    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
5create within the Department of Juvenile Justice the Office of
6Independent Juvenile Ombudsperson Ombudsman for the purpose of
7providing youth living in State-run correctional facilities or
8aftercare with a non-adversarial process that will redress and
9prevent abuse, neglect, violations of law, policy, or best
10practice at the hands of State employees or contractors
11securing the rights of youth committed to the Department of
12Juvenile Justice, including youth released on aftercare before
13final discharge.
14(Source: P.A. 98-1032, eff. 8-25-14.)
 
15    (730 ILCS 5/3-2.7-10)
16    Sec. 3-2.7-10. Definitions. In this Article, unless the
17context requires otherwise:
18    "Department" means the Department of Juvenile Justice.
19    "Immediate family or household member" means the spouse,
20child, parent, brother, sister, grandparent, or grandchild,
21whether of the whole blood or half blood or by adoption, or a
22person who shares a common dwelling.
23    "Juvenile justice system" means all activities by public or
24private agencies or persons pertaining to youth involved in or

 

 

10100HB2292ham001- 14 -LRB101 10346 SLF 56350 a

1having contact with the police, courts, or corrections.
2    "Office" means the Office of the Independent Juvenile
3Ombudsperson Ombudsman.
4    "Ombudsperson Ombudsman" means the Department of Juvenile
5Justice Independent Juvenile Ombudsperson Ombudsman.
6    "Youth" means any person committed by court order to the
7custody of the Department of Juvenile Justice, including youth
8released on aftercare before final discharge.
9(Source: P.A. 98-1032, eff. 8-25-14.)
 
10    (730 ILCS 5/3-2.7-15)
11    Sec. 3-2.7-15. Appointment of Independent Juvenile
12Ombudsperson Ombudsman. The Governor shall appoint the
13Independent Juvenile Ombudsperson Ombudsman with the advice
14and consent of the Senate for a term of 4 years, with the first
15term expiring February 1, 2017. A person appointed as
16Ombudsperson Ombudsman may be reappointed to one or more
17subsequent terms. A vacancy shall occur upon resignation,
18death, or removal. The Ombudsperson Ombudsman may only be
19removed by the Governor for incompetency, malfeasance, neglect
20of duty, or conviction of a felony. If the Senate is not in
21session or is in recess when an appointment subject to its
22confirmation is made, the Governor shall make a temporary
23appointment which shall be subject to subsequent Senate
24approval. The Ombudsperson Ombudsman may employ deputies to
25perform, under the direction of the Ombudsperson Ombudsman, the

 

 

10100HB2292ham001- 15 -LRB101 10346 SLF 56350 a

1same duties and exercise the same powers as the Ombudsperson
2Ombudsman, and may employ other support staff as deemed
3necessary. The Ombudsperson Ombudsman and deputies must:
4        (1) be over the age of 21 years;
5        (2) have a bachelor's or advanced degree from an
6    accredited college or university; and
7        (3) have relevant expertise in areas such as the
8    juvenile justice system, investigations, or civil rights
9    advocacy as evidenced by experience in the field or by
10    academic background.
11(Source: P.A. 98-1032, eff. 8-25-14.)
 
12    (730 ILCS 5/3-2.7-20)
13    Sec. 3-2.7-20. Conflicts of interest. A person may not
14serve as Ombudsperson Ombudsman or as a deputy if the person or
15the person's immediate family or household member:
16        (1) is or has been employed by the Department of
17    Juvenile Justice or Department of Corrections within 5
18    years one year prior to appointment, other than as
19    Ombudsperson Ombudsman or Deputy Ombudsperson Ombudsman;
20        (2) participates in the management of a business entity
21    or other organization receiving funds from the Department
22    of Juvenile Justice;
23        (3) owns or controls, directly or indirectly, any
24    interest in a business entity or other organization
25    receiving funds from the Department of Juvenile Justice;

 

 

10100HB2292ham001- 16 -LRB101 10346 SLF 56350 a

1        (4) uses or receives any amount of tangible goods,
2    services, or funds from the Department of Juvenile Justice,
3    other than as Ombudsperson Ombudsman or Deputy
4    Ombudsperson Ombudsman; or
5        (5) is required to register as a lobbyist for an
6    organization that interacts with the juvenile justice
7    system.
8(Source: P.A. 98-1032, eff. 8-25-14.)
 
9    (730 ILCS 5/3-2.7-25)
10    Sec. 3-2.7-25. Duties and powers.
11    (a) The Independent Juvenile Ombudsperson Ombudsman shall
12function independently within the Department of Juvenile
13Justice with respect to the operations of the Office in
14performance of his or her duties under this Article and shall
15report to the Governor. The Ombudsperson Ombudsman shall adopt
16rules and standards as may be necessary or desirable to carry
17out his or her duties. Funding for the Office shall be 3% of
18the Department's budget and designated separately within
19Department funds. The Department shall provide necessary
20administrative services and facilities to the Office of the
21Independent Juvenile Ombudsperson Ombudsman.
22    (b) The Office of Independent Juvenile Ombudsperson
23Ombudsman shall have the following duties:
24        (1) review and monitor the implementation of the rules
25    and standards established by the Department of Juvenile

 

 

10100HB2292ham001- 17 -LRB101 10346 SLF 56350 a

1    Justice and evaluate the delivery of services to youth to
2    ensure that the rights of youth are fully observed;
3        (2) provide assistance to a youth or family whom the
4    Ombudsperson Ombudsman determines is in need of
5    assistance, including advocating with an agency, provider,
6    or other person in the best interests of the youth;
7        (2.5) develop and disseminate a process through which
8    people in State custody or their family members or
9    representatives can file and track complaints;
10        (3) investigate and attempt to resolve complaints made
11    by or on behalf of youth, other than complaints alleging
12    criminal behavior or violations of the State Officials and
13    Employees Ethics Act, if the Office determines that the
14    investigation and resolution would further the purpose of
15    the Office, and:
16            (A) a youth committed to the Department of Juvenile
17        Justice or the youth's family, support system, or
18        representative is in need of assistance from the
19        Office; or
20            (B) a systemic issue in the Department of Juvenile
21        Justice's provision of services is raised by a
22        complaint;
23        (4) review or inspect periodically the facilities and
24    procedures of any facility in which a youth has been placed
25    by the Department of Juvenile Justice to ensure that each
26    person in State custody is treated fairly and with basic

 

 

10100HB2292ham001- 18 -LRB101 10346 SLF 56350 a

1    respect, has access to appropriate programs, services, and
2    accommodations and is protected from any violations of law
3    or policy the rights of youth are fully observed; and
4        (5) be accessible to and meet confidentially and
5    regularly with youth committed to the Department and serve
6    as a resource by informing them of pertinent laws, rules,
7    and policies, and their rights thereunder.
8    (c) The nature of all complaints and recommendations
9following cases shall be made available on the Ombudsperson
10website and reported immediately to the Director of Juvenile
11Justice, General Assembly, and the Governor. :
12        (1) cases of severe abuse or injury of a youth;
13        (2) serious misconduct, misfeasance, malfeasance, or
14    serious violations of policies and procedures concerning
15    the administration of a Department of Juvenile Justice
16    program or operation;
17        (3) serious problems concerning the delivery of
18    services in a facility operated by or under contract with
19    the Department of Juvenile Justice;
20        (4) interference by the Department of Juvenile Justice
21    with an investigation conducted by the Office; and
22        (5) other cases as deemed necessary by the Ombudsman.
23    (d) Notwithstanding any other provision of law, the
24Ombudsperson Ombudsman may not investigate alleged criminal
25behavior or violations of the State Officials and Employees
26Ethics Act. If the Ombudsperson Ombudsman determines that a

 

 

10100HB2292ham001- 19 -LRB101 10346 SLF 56350 a

1possible criminal act has been committed, or that special
2expertise is required in the investigation, he or she shall
3immediately notify the Department of State Police. If the
4Ombudsperson Ombudsman determines that a possible violation of
5the State Officials and Employees Ethics Act has occurred, he
6or she shall immediately refer the incident to the Office of
7the Governor's Executive Inspector General for investigation.
8If the Ombudsperson Ombudsman receives a complaint from a youth
9or third party regarding suspected abuse or neglect of a child,
10the Ombudsperson Ombudsman shall refer the incident to the
11Child Abuse and Neglect Hotline or to the State Police as
12mandated by the Abused and Neglected Child Reporting Act. Any
13investigation conducted by the Ombudsperson Ombudsman shall
14not be duplicative and shall be separate from any investigation
15mandated by the Abused and Neglected Child Reporting Act. All
16investigations conducted by the Ombudsperson Ombudsman shall
17be conducted in a manner designed to ensure the preservation of
18evidence for possible use in a criminal prosecution.
19    (e) In performance of his or her duties, the Ombudsperson
20Ombudsman may:
21        (1) review court files of youth;
22        (2) recommend policies, rules, and legislation
23    designed to protect youth;
24        (3) make appropriate referrals under any of the duties
25    and powers listed in this Section;
26        (4) attend internal administrative and disciplinary

 

 

10100HB2292ham001- 20 -LRB101 10346 SLF 56350 a

1    hearings to ensure the rights of youth are fully observed
2    and advocate for the best interest of youth when deemed
3    necessary; and
4        (5) perform other acts, otherwise permitted or
5    required by law, in furtherance of the purpose of the
6    Office; .
7        (6) request information related to an investigation
8    from any employee or officer of the State and to execute an
9    information sharing agreement;
10        (7) issue subpoenas to compel the attendance of
11    witnesses for purposes of examination and the production of
12    documents and other items for inspection or duplication;
13    and
14        (8) compel prompt statements from State employees or
15    contractors and reinterview State employees or contractors
16    as necessary.
17    (f) To assess if a youth's rights have been violated, the
18Ombudsperson Ombudsman may, in any matter that does not involve
19alleged criminal behavior, contact or consult with an
20administrator, employee, youth, parent, expert, or any other
21individual in the course of his or her investigation or to
22secure information as necessary to fulfill his or her duties.
23(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
24    (730 ILCS 5/3-2.7-30)
25    Sec. 3-2.7-30. Duties of the Department of Juvenile

 

 

10100HB2292ham001- 21 -LRB101 10346 SLF 56350 a

1Justice.
2    (a) The Department of Juvenile Justice shall allow any
3youth to communicate with the Ombudsperson Ombudsman or a
4deputy at any time. The communication:
5        (1) may be in person, by phone, by mail, or by any
6    other means deemed appropriate in light of security
7    concerns; and
8        (2) is confidential and privileged.
9    (b) The Department shall allow the Ombudsperson Ombudsman
10and deputies full and unannounced access to youth and
11Department facilities at any time. The Department shall furnish
12the Ombudsperson Ombudsman and deputies with appropriate
13meeting space in each facility in order to preserve
14confidentiality.
15    (c) The Department shall allow the Ombudsperson Ombudsman
16and deputies to participate in professional development
17opportunities provided by the Department of Juvenile Justice as
18practical and to attend appropriate professional training when
19requested by the Ombudsperson Ombudsman.
20    (d) The Department shall provide the Ombudsperson
21Ombudsman copies of critical incident reports involving a youth
22residing in a facility operated by the Department. Critical
23incidents include, but are not limited to, severe injuries that
24result in hospitalization, suicide attempts that require
25medical intervention, sexual abuse, and escapes.
26    (e) The Department shall provide the Ombudsperson

 

 

10100HB2292ham001- 22 -LRB101 10346 SLF 56350 a

1Ombudsman with reasonable advance notice of all internal
2administrative and disciplinary hearings regarding a youth
3residing in a facility operated by the Department.
4    (f) The Department of Juvenile Justice may not discharge,
5demote, discipline, or in any manner discriminate or retaliate
6against a youth or an employee who in good faith makes a
7complaint to the Office of the Independent Juvenile
8Ombudsperson Ombudsman or cooperates with the Office.
9(Source: P.A. 98-1032, eff. 8-25-14.)
 
10    (730 ILCS 5/3-2.7-35)
11    Sec. 3-2.7-35. Reports. The Independent Juvenile
12Ombudsperson Ombudsman shall provide to the General Assembly
13and the Governor, no later than January 1 of each year, a
14summary of activities done in furtherance of the purpose of the
15Office for the prior fiscal year. The summaries shall contain
16data both aggregated and disaggregated by individual facility
17and describe:
18        (1) the work of the Ombudsperson Ombudsman;
19        (2) the status of any review or investigation
20    undertaken by the Ombudsperson Ombudsman, but may not
21    contain any confidential or identifying information
22    concerning the subjects of the reports and investigations;
23    and
24        (3) any recommendations that the Independent Juvenile
25    Ombudsperson Ombudsman has relating to a systemic issue in

 

 

10100HB2292ham001- 23 -LRB101 10346 SLF 56350 a

1    the Department of Juvenile Justice's provision of services
2    and any other matters for consideration by the General
3    Assembly and the Governor.
4(Source: P.A. 98-1032, eff. 8-25-14.)
 
5    (730 ILCS 5/3-2.7-40)
6    Sec. 3-2.7-40. Complaints. The Office of Independent
7Juvenile Ombudsperson Ombudsman shall promptly and efficiently
8act on complaints made by or on behalf of youth filed with the
9Office that relate to the operations or staff of the Department
10of Juvenile Justice. The Office shall maintain information
11about parties to the complaint, the subject matter of the
12complaint, a summary of the results of the review or
13investigation of the complaint, including any resolution of or
14recommendations made as a result of the complaint. The Office
15shall make information available describing its procedures for
16complaint investigation and resolution. When applicable, the
17Office shall notify the complaining youth that an investigation
18and resolution may result in or will require disclosure of the
19complaining youth's identity. The Office shall periodically
20notify the complaint parties of the status of the complaint
21until final disposition.
22(Source: P.A. 98-1032, eff. 8-25-14.)
 
23    (730 ILCS 5/3-2.7-50)
24    Sec. 3-2.7-50. Promotion and awareness of Office. The

 

 

10100HB2292ham001- 24 -LRB101 10346 SLF 56350 a

1Independent Juvenile Ombudsperson Ombudsman shall promote
2awareness among the public and youth of:
3        (1) the rights of youth committed to the Department;
4        (2) the purpose of the Office;
5        (3) how the Office may be contacted;
6        (4) the confidential nature of communications; and
7        (5) the services the Office provides.
8(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
9    (730 ILCS 5/3-2.7-55)
10    Sec. 3-2.7-55. Access to information of governmental
11entities. The Department of Juvenile Justice shall provide the
12Independent Juvenile Ombudsperson Ombudsman unrestricted
13access to all master record files of youth under Section 3-5-1
14of this Code. Access to educational, social, psychological,
15mental health, substance abuse, and medical records shall not
16be disclosed except as provided in Section 5-910 of the
17Juvenile Court Act of 1987, the Mental Health and Developmental
18Disabilities Confidentiality Act, the School Code, and any
19applicable federal laws that govern access to those records.
20(Source: P.A. 98-1032, eff. 8-25-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".