Illinois General Assembly - Full Text of HB4845
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Full Text of HB4845  103rd General Assembly

HB4845 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4845

 

Introduced 2/7/2024, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Creates the Department of Corrections Independent Ombudsperson Law. Provides that the Corrections Oversight Committee shall appoint the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. Provides that the Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those departments. Establishes the duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall: (1) monitor and inspect facilities of the Department of Corrections; (2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons; (3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities; (4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and (5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data. Establishes other duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. Provides that all reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees. Effective July 1, 2024.


LRB103 38401 RLC 68536 b

 

 

A BILL FOR

 

HB4845LRB103 38401 RLC 68536 b

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 Unified Code of Corrections is amended by
5adding Article 2.8 to Chapter III as follows:
 
6    (730 ILCS 5/Ch. III Art. 2.8 heading new)
7
ARTICLE 2.8. DEPARTMENT OF CORRECTIONS INDEPENDENT
8
OMBUDSPERSON

 
9    (730 ILCS 5/3-2.8-1 new)
10    Sec. 3-2.8-1. Short title. This Article may be cited as
11the Department of Corrections Independent Ombudsperson Law.
 
12    (730 ILCS 5/3-2.8-2 new)
13    Sec. 3-2.8-2. Purpose. The General Assembly finds that to
14increase transparency and accountability in the State
15corrections system, an Independent Corrections Ombudsperson's
16office should be created to investigate complaints, inspect
17correctional facilities, and recommend improvements in this
18State's corrections system.
 
19    (730 ILCS 5/3-2.8-3 new)
20    Sec. 3-2.8-3. Appointment of Independent Corrections

 

 

HB4845- 2 -LRB103 38401 RLC 68536 b

1Ombudsperson. The Corrections Oversight Committee created by
2the Independent Corrections Oversight Committee Act shall
3appoint the Independent Corrections Ombudsperson. The
4Independent Corrections Ombudsperson shall serve a term of 6
5years and may be only removed from office by the Governor for
6cause. The Independent Corrections Ombudsperson shall not be a
7current or former employee of the Department of Corrections,
8the Department of Juvenile Justice, or a contractor for those
9Departments.
 
10    (730 ILCS 5/3-2.8-4 new)
11    Sec. 3-2.8-4. Independent Corrections Ombudsperson's
12duties.
13    (a) The Independent Corrections Ombudsperson shall:
14        (1) monitor and inspect facilities of the Department
15    of Corrections;
16        (2) investigate unresolved complaints from committed
17    persons, their families, and corrections staff regarding
18    correctional facility conditions and treatment of
19    committed persons;
20        (3) create a uniform reporting system and collect and
21    analyze data related to deaths, suicides, sexual and
22    physical assaults, lockdowns, staff vacancies and
23    committed persons-to-staff ratios, visits to committed
24    persons, and use of solitary confinement in correctional
25    facilities;

 

 

HB4845- 3 -LRB103 38401 RLC 68536 b

1        (4) conduct regular inspections of correctional
2    facilities at least once every year for facilities not
3    meeting standards, and at least once every 36 months for
4    facilities that are meeting standards; and
5        (5) publicly issue periodic facility inspection
6    reports and an annual report with recommendations and a
7    summary of data.
8    (b) The Independent Corrections Ombudsperson may:
9        (1) access and inspect any correctional facility at
10    any time, with or without prior notice to the Department
11    of Corrections or facility officials;
12        (2) have confidential and privileged interviews with
13    any corrections staff or committed person;
14        (3) access and review any Department of Corrections
15    documents related to correctional facility operations or
16    complaints received;
17        (4) establish a telephone hotline and complaint
18    submission forms for committed persons, their family
19    members, and corrections staff to use to submit complaints
20    to the Independent Corrections Ombudsperson via the
21    Internet, submission of a paper form, or submission of the
22    form via a secure, confidential Intranet system inside the
23    correctional facility.
24    (c) The Department of Corrections must respond in writing
25within 20 days with a corrective action plan. The Independent
26Corrections Ombudsperson shall monitor the Department's

 

 

HB4845- 4 -LRB103 38401 RLC 68536 b

1compliance with corrective action plans issued in response to
2inspection reports and recommendations.
3    (d) The Independent Corrections Ombudsperson shall
4promptly respond to complaints and explain in writing any
5decisions not to take action. The Independent Corrections
6Ombudsperson shall treat complaints received as confidential
7and protect the anonymity of people submitting complaints. The
8Independent Corrections Ombudsperson shall initiate
9investigations, on the Independent Corrections Ombudsperson's
10own or in response to requests from corrections staff or
11committed persons or their families, relating to correctional
12facility conditions, abuse, or neglect, Department of
13Corrections decisions or actions or omissions, policies,
14rules, or procedures, or alleged legal violations by
15correctional staff that adversely affect the health, safety,
16welfare, and rights of committed persons.
17    (e) The Independent Corrections Ombudsperson shall issue a
18decision on any investigations to the committed person
19involved and to the Department of Corrections, with an
20explanation of its decision and recommendations.
21    (f) The Independent Corrections Ombudsperson shall request
22that the Department of Corrections respond to an Ombudsperson
23decision on an investigation in writing, with an explanation
24of the Department's action or inaction on the Independent
25Corrections Ombudsperson's recommendations.
26    (g) The Independent Corrections Ombudsperson shall report

 

 

HB4845- 5 -LRB103 38401 RLC 68536 b

1significant committed persons' health, safety, welfare, and
2rehabilitation issues to the Governor, Attorney General, the
3Director of Corrections, and the House and Senate Judiciary
4Committees.
5    (h) The Department of Corrections, its employees, or
6contractors may not terminate its employees nor retaliate
7against any person who submits a complaint to the Independent
8Corrections Ombudsperson. If the Department of Corrections
9discharges an employee in retaliation for making complaints to
10the Independent Corrections Ombudsperson, the terminated
11employee may seek back-pay in a civil action against the
12Department.
13    (i) The Independent Corrections Ombudsperson shall report
14regularly on its activities, investigations, and inspections,
15including an annual report, which shall be presented to and
16discussed at a meeting of the Corrections Oversight Committee
17and make other reports on topics of special interest. All
18reports of the Independent Corrections Ombudsperson shall be
19made available to the public online and provided to the
20Director of Corrections, the Governor, the Attorney General,
21and the House and Senate Judiciary Committees.
22    (j) The Independent Corrections Ombudsperson may hire
23staff and unpaid volunteers and contract with experts to help
24perform the Independent Corrections Ombudsperson's duties.
 
25    Section 99. Effective date. This Act takes effect July 1,
262024.

 

 

HB4845- 6 -LRB103 38401 RLC 68536 b

1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/Ch. III Art.
4    2.8 heading new
5    730 ILCS 5/3-2.8-1 new
6    730 ILCS 5/3-2.8-2 new
7    730 ILCS 5/3-2.8-3 new
8    730 ILCS 5/3-2.8-4 new