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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 31-10 as follows:
 
6    (720 ILCS 5/31-10 new)
7    Sec. 31-10. Obstruction of the Ombudsman.
8    (a) A person commits obstruction of the Ombudsman when he
9or she:
10        (1) intentionally interferes with or prevents the
11    completion of the work of the Department of Corrections
12    Independent Ombudsman described in Article Ch. III Art.
13    2.1 of the Unified Code of Corrections;
14        (2) knowingly offers compensation to the Department of
15    Corrections Independent Ombudsman in an effort to affect
16    the outcome of an investigation or a potential
17    investigation;
18        (3) knowingly or intentionally retaliates against an
19    offender or another person who provides information to the
20    Department of Corrections Independent Ombudsman; or
21        (4) makes threats because of an investigation or
22    potential investigation against:
23            (A) the Department of Corrections Independent

 

 

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1        Ombudsman;
2            (B) a person who has filed a complaint; or
3            (C) a person who provides information to the
4        Department of Corrections Independent Ombudsman.
5    (b) Sentence. Obstruction of the Ombudsman is a Class A
6misdemeanor.
 
7    Section 10. The Unified Code of Corrections is amended by
8adding Article 2.1 to Chapter III as follows:
 
9    (730 ILCS 5/Art. Ch. III Art. 2.1 heading new)
10
ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT OMBUDSMAN

 
11    (730 ILCS 5/3-2.1-1 new)
12    Sec. 3-2.1-1. Short title. This Article may be cited as
13the Department of Corrections Independent Ombudsman Law.
 
14    (730 ILCS 5/3-2.1-5 new)
15    Sec. 3-2.1-5. Definitions.
16In this Article:
17        "Bureau" means the Department of Corrections Ombudsman
18    Bureau established in this Article including persons
19    approved to act in the capacity of Ombudsman by the
20    Bureau.
21        "Department" means the Department of Corrections.
22        "Ombudsman" means an employee of the Bureau who

 

 

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1    investigates and resolves complaints that the Department
2    endangered the health and safety of any person or that the
3    Department violated specific laws, rules, or written
4    policies.
 
5    (730 ILCS 5/3-2.1-10 new)
6    Sec. 3-2.1-10. Department of Corrections Ombudsman Bureau.
7The Department of Corrections Ombudsman Bureau is established
8as a separate bureau within the Department.
 
9    (730 ILCS 5/3-2.1-15 new)
10    Sec. 3-2.1-15. Director of the Bureau; employees.
11    (a) The Governor shall appoint a Director of the Bureau
12within 30 days of the effective date of this amendatory Act of
13the 102nd General Assembly. The Governor shall appoint a
14successor Director within 30 days after a vacancy occurs in
15the position of the director. The Director shall serve at the
16pleasure of the Governor.
17    (b) The Director may employ technical experts and other
18employees to carry out the purposes of this Article. The
19Director may not hire a person to serve as an Ombudsman who has
20been employed by the Department during the proceeding year.
21    (c) The Department shall provide and maintain office space
22for the Bureau.
 
23    (730 ILCS 5/3-2.1-20 new)

 

 

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1    Sec. 3-2.1-20. Powers of Ombudsman.
2    (a) The Ombudsman may receive, investigate, and attempt to
3resolve complaints that the Department:
4        (1) violated a specific law, rule, or Department
5    written policy; or
6        (2) endangered the health or safety or any person.
7    However, the Ombudsman shall not investigate a complaint
8from an employee of the Department that relates to the
9employee's employment relationship with the Department. The
10Ombudsman shall not investigate complaints alleging violations
11of the State Officials and Employees Ethics Act. If the
12Ombudsman determines that a possible violation of the State
13Officials and Employees Ethics Act has occurred, he or she
14shall immediately refer the incident to the Office of the
15Inspector General.
16    (b) At the conclusion of an investigation of a complaint,
17the Ombudsman shall report his or her findings to the
18complainant.
19    (c) If the Ombudsman does not investigate a complaint, the
20Ombudsman shall notify the complainant of the decision not to
21investigate and the reasons for the decision.
22    (d) The Ombudsman shall create a monthly report that
23includes a summary of the findings of all substantiated
24complaints.
25    (e) The Ombudsman may conduct investigations of alleged
26violations of Department policy, State or federal laws, and

 

 

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1Department rules at any Department facility.
2    (f) The Ombudsman may recommend changes to the Director of
3the Department concerning Department policies or practices
4based upon information learned or observations made by the
5Ombudsman during the course of an investigation.
6    (g) If the Ombudsman discovers evidence that the Ombudsman
7reasonably believes constitutes the commission of a crime, the
8Ombudsman immediately shall, if the Ombudsman considers it
9appropriate, inform the Director of the Department, who shall
10conduct an investigation. If, after conducting the
11investigation, the Director has reasonable suspicion to
12believe that a crime has been committed, the Director shall:
13        (1) if the crime involves any person who is not an
14    offender, immediately report the crime to an appropriate
15    law enforcement agency; and
16        (2) if no person other than the offender is involved
17    in the crime, immediately report the crime to an
18    appropriate law enforcement agency if the Director
19    believes that the prison disciplinary process is not
20    appropriate.
 
21    (730 ILCS 5/3-2.1-25 new)
22    Sec. 3-2.1-25. Access to records and facilities.
23    (a) An Ombudsman shall be given:
24        (1) appropriate access to the records of an offender
25    who files a complaint under this Article; and

 

 

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1        (2) immediate access to any correctional facility
2    administered or supervised by the Department.
3    (b) A State or local government agency or entity that has
4records that are relevant to a complaint or an investigation
5conducted by the Ombudsman shall provide the Ombudsman with
6access to the records.
7    (c) A person is immune from:
8        (1) civil or criminal liability; and
9        (2) actions taken under a professional disciplinary
10    procedure dealing with an employee of the Department.
 
11    (730 ILCS 5/3-2.1-30 new)
12    Sec. 3-2.1-30. Duties of Ombudsman.
13    (a) The Ombudsman shall:
14        (1) establish procedures to receive and investigate
15    complaints;
16        (2) establish access controls for all information
17    maintained by the Bureau; and
18        (3) except as is necessary to investigate and resolve
19    a complaint, ensure that the identity of a complainant
20    will not be disclosed without:
21            (A) the complainant's written consent; or
22            (B) a court order.
23    (b) The correspondence and communication between the
24Ombudsman and any person is a privileged communication.
 

 

 

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1    (730 ILCS 5/3-2.1-35 new)
2    Sec. 3-2.1-35. Rulemaking, liability.
3    (a) The Bureau may adopt rules to carry out its duties
4under this Article.
5    (b) The Ombudsman is not civilly liable for the good faith
6performance of official duties.
 
7    (730 ILCS 5/3-2.1-40 new)
8    Sec. 3-2.1-40. Reporting. The Director of the Bureau shall
9prepare a report each year on the operations of the Bureau. A
10copy of the report shall be provided to: the Governor, the
11General Assembly, and the Director of the Department.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/31-10 new
4    730 ILCS 5/Art. Ch. III
5    Art. 2.1 heading new
6    730 ILCS 5/3-2.1-1 new
7    730 ILCS 5/3-2.1-5 new
8    730 ILCS 5/3-2.1-10 new
9    730 ILCS 5/3-2.1-15 new
10    730 ILCS 5/3-2.1-20 new
11    730 ILCS 5/3-2.1-25 new
12    730 ILCS 5/3-2.1-30 new
13    730 ILCS 5/3-2.1-35 new
14    730 ILCS 5/3-2.1-40 new