Full Text of SB2352 98th General Assembly
SB2352ham001 98TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 11/4/2013
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| 1 | | AMENDMENT TO SENATE BILL 2352
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2352 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | adding Article 2.7 of Chapter III as follows: | 6 | | (730 ILCS 5/Ch. III Art. 2.7 heading new) | 7 | | ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE | 8 | | INDEPENDENT JUVENILE OMBUDSMAN | 9 | | (730 ILCS 5/3-2.7-1 new) | 10 | | Sec. 3-2.7-1. Short title. This Article may be cited as the | 11 | | Department of Juvenile Justice Independent Juvenile Ombudsman | 12 | | Law. | 13 | | (730 ILCS 5/3-2.7-5 new) | 14 | | Sec. 3-2.7-5. Purpose. The purpose of this Article is to |
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| 1 | | create within the Department of Juvenile Justice the Office of | 2 | | Independent Juvenile Ombudsman for the purpose of securing the | 3 | | rights of youth committed to the Department of Juvenile | 4 | | Justice, including youth released on aftercare before final | 5 | | discharge. | 6 | | (730 ILCS 5/3-2.7-10 new) | 7 | | Sec. 3-2.7-10. Definitions. In this Article, unless the | 8 | | context requires otherwise: | 9 | | "Department" means the Department of Juvenile Justice. | 10 | | "Immediate family or household member" means the spouse, | 11 | | child, parent, brother, sister, grandparent, or grandchild, | 12 | | whether of the whole blood or half blood or by adoption, or a | 13 | | person who shares a common dwelling. | 14 | | "Juvenile justice system" means all activities by public or | 15 | | private agencies or persons pertaining to youth involved in or | 16 | | having contact with the police, courts, or corrections. | 17 | | "Office" means the Office of the Independent Juvenile | 18 | | Ombudsman. | 19 | | "Ombudsman" means the Department of Juvenile Justice | 20 | | Independent Juvenile Ombudsman. | 21 | | "Youth" means any person committed by court order to the | 22 | | custody of the Department of Juvenile Justice, including youth | 23 | | released on aftercare before final discharge. | 24 | | (730 ILCS 5/3-2.7-15 new) |
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| 1 | | Sec. 3-2.7-15. Appointment of Independent Juvenile | 2 | | Ombudsman. The Governor shall appoint the Independent Juvenile | 3 | | Ombudsman with the advice and consent of the Senate for a term | 4 | | of 4 years, with the first term expiring February 1, 2017. A | 5 | | person appointed as Ombudsman may be reappointed to one or more | 6 | | subsequent terms. A vacancy shall occur upon resignation, | 7 | | death, or removal. The Ombudsman may only be removed by the | 8 | | Governor for incompetency, malfeasance, neglect of duty, or | 9 | | conviction of a felony. If the Senate is not in session or is | 10 | | in recess when an appointment subject to its confirmation is | 11 | | made, the Governor shall make a temporary appointment which | 12 | | shall be subject to subsequent Senate approval.
The Ombudsman | 13 | | may employ deputies to perform, under the direction of the | 14 | | Ombudsman, the same duties and exercise the same powers as the | 15 | | Ombudsman, and may employ other support staff as deemed | 16 | | necessary. The Ombudsman and deputies must: | 17 | | (1) be over the age of 21 years; | 18 | | (2) have a bachelor's or advanced degree from an accredited | 19 | | college or university; and | 20 | | (3) have relevant expertise in areas such as the juvenile | 21 | | justice system, investigations, or civil rights advocacy as | 22 | | evidenced by experience in the field or by academic background. | 23 | | | 24 | | (730 ILCS 5/3-2.7-20 new) | 25 | | Sec. 3-2.7-20. Conflicts of interest. A person may not |
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| 1 | | serve as Ombudsman or as a deputy if the person or the person's | 2 | | immediate family or household member: | 3 | | (1) is or has been employed by the Department of Juvenile | 4 | | Justice or Department of Corrections within one year prior to | 5 | | appointment, other than as Ombudsman or Deputy Ombudsman; | 6 | | (2) participates in the management of a business entity or | 7 | | other organization receiving funds from the Department of | 8 | | Juvenile Justice; | 9 | | (3) owns or controls, directly or indirectly, any interest | 10 | | in a business entity or other organization receiving funds from | 11 | | the Department of Juvenile Justice; | 12 | | (4) uses or receives any amount of tangible goods, | 13 | | services, or funds from the Department of Juvenile Justice, | 14 | | other than as Ombudsman or Deputy Ombudsman; or | 15 | | (5) is required to register as a lobbyist for an | 16 | | organization that interacts with the juvenile justice system. | 17 | | (730 ILCS 5/3-2.7-25 new) | 18 | | Sec. 3-2.7-25. Duties and powers. | 19 | | (a) The Independent Juvenile Ombudsman shall function | 20 | | independently within the Department of Juvenile Justice with | 21 | | respect to the operations of the Office in performance of his | 22 | | or her duties under this Article and shall report to the | 23 | | Governor. The Ombudsman shall adopt rules and standards as may | 24 | | be
necessary or desirable to carry out his or her duties. | 25 | | Funding
for the Office shall be designated separately within
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| 1 | | Department funds. The Department shall provide necessary | 2 | | administrative services and facilities to the Office of the | 3 | | Independent Juvenile Ombudsman. | 4 | | (b) The Office of Independent Juvenile Ombudsman shall have
| 5 | | the following duties: | 6 | | (1) review and monitor the implementation of the rules
| 7 | | and standards established by the Department of Juvenile
| 8 | | Justice and evaluate the delivery of services to youth to
| 9 | | ensure that the rights of youth are fully observed; | 10 | | (2) provide assistance to a youth or family who the
| 11 | | Ombudsman determines is in need of assistance, including
| 12 | | advocating with an agency, provider, or other person in the
| 13 | | best interests of the youth; | 14 | | (3) investigate and attempt to resolve complaints made | 15 | | by or on behalf of youth, other than
complaints alleging | 16 | | criminal behavior or violations of the State Officials and | 17 | | Employee Ethics Act, if the Office
determines that the | 18 | | investigation and resolution would further the purpose of | 19 | | the Office, and: | 20 | | (A) a youth committed to the Department of Juvenile
| 21 | | Justice or the youth's family is in need of
assistance | 22 | | from the Office; or | 23 | | (B) a systemic issue in the Department of Juvenile
| 24 | | Justice's provision of services is raised by a
| 25 | | complaint; | 26 | | (4) review or inspect periodically the facilities and
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| 1 | | procedures of any facility in which a youth has been placed
| 2 | | by the Department of Juvenile Justice to ensure that the
| 3 | | 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 following cases shall be reported immediately to
| 9 | | the Director of Juvenile Justice and the Governor: | 10 | | (1) cases of severe abuse or injury of a youth; | 11 | | (2) serious misconduct, misfeasance, malfeasance, or
| 12 | | serious violations of policies and procedures concerning
| 13 | | the administration of a Department of Juvenile Justice
| 14 | | program or operation; | 15 | | (3) serious problems concerning the delivery of | 16 | | services in a facility operated by or under contract with
| 17 | | the Department of Juvenile Justice; | 18 | | (4) interference by the Department of Juvenile Justice
| 19 | | with an investigation conducted by the Office; and | 20 | | (5) other cases as deemed necessary by the Ombudsman. | 21 | | (d) Notwithstanding any other provision of law, the
| 22 | | Ombudsman may not investigate alleged criminal behavior or | 23 | | violations of the State Officials and Employees Ethics Act. If | 24 | | the
Ombudsman determines that a possible criminal act has been
| 25 | | committed, or that special expertise is required in the
| 26 | | investigation, he or she shall immediately notify the
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| 1 | | Department of State Police. If the Ombudsman determines that a | 2 | | possible violation of the State Officials and Employees Ethics | 3 | | Act has occurred, he or she shall immediately refer the | 4 | | incident to the Office of the Governor's Executive Inspector | 5 | | General for investigation. If the Ombudsman receives a | 6 | | complaint from a youth or third party regarding suspected abuse | 7 | | or neglect of a child, the Ombudsman shall refer the incident | 8 | | to the Child Abuse and Neglect Hotline or to the State Police | 9 | | as mandated by the Abused and Neglected Child Reporting Act. | 10 | | Any investigation conducted by the
Ombudsman shall not be | 11 | | duplicative and shall be separate from
any investigation | 12 | | mandated by the Abused and Neglected Child
Reporting Act.
All | 13 | | investigations conducted by the Ombudsman shall be
conducted in | 14 | | a manner designed to ensure the preservation of
evidence for | 15 | | possible use in a criminal prosecution. | 16 | | (e) In performance of his or her duties, the
Ombudsman may: | 17 | | (1) review court files of youth; | 18 | | (2) recommend policies, rules, and legislation
| 19 | | designed to protect youth; | 20 | | (3) make appropriate referrals under any of the duties
| 21 | | and powers listed in this Section; | 22 | | (4) attend internal administrative and disciplinary | 23 | | hearings to ensure the rights of youth are fully observed
| 24 | | and advocate for the best interest of youth when deemed
| 25 | | necessary; and | 26 | | (5) perform other acts, otherwise permitted or |
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| 1 | | required by law, in furtherance of the purpose of the | 2 | | Office. | 3 | | (f) To assess if a youth's rights have been violated, the
| 4 | | Ombudsman may, in any matter that does not involve alleged
| 5 | | criminal behavior, contact or consult with an administrator,
| 6 | | employee, youth, parent, expert, or any other individual in the
| 7 | | course of his or her investigation or to secure information as
| 8 | | necessary to fulfill his or her duties. | 9 | | (730 ILCS 5/3-2.7-30 new) | 10 | | Sec. 3-2.7-30. Duties of the Department of Juvenile | 11 | | Justice. | 12 | | (a) The Department of Juvenile Justice shall allow any | 13 | | youth to communicate with the Ombudsman or a deputy at any | 14 | | time. The communication: | 15 | | (1) may be in person, by phone, by mail, or by any | 16 | | other means deemed appropriate in light of security | 17 | | concerns; and | 18 | | (2) is confidential and privileged. | 19 | | (b) The Department shall allow the Ombudsman and deputies | 20 | | full and unannounced access to youth and Department facilities | 21 | | at any time. The Department shall furnish the Ombudsman and | 22 | | deputies with appropriate meeting space in each facility in | 23 | | order to preserve confidentiality. | 24 | | (c) The Department shall allow the Ombudsman and deputies | 25 | | to participate in professional development opportunities |
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| 1 | | provided by the Department of Juvenile Justice as practical and | 2 | | to attend appropriate professional training when requested by | 3 | | the Ombudsman. | 4 | | (d) The Department shall provide the Ombudsman copies of | 5 | | critical incident reports involving a youth residing in a | 6 | | facility operated by the Department. Critical incidents | 7 | | include, but are not limited to, severe injuries that result in | 8 | | hospitalization, suicide attempts that require medical | 9 | | intervention, sexual abuse, and escapes. | 10 | | (e) The Department shall provide the Ombudsman with | 11 | | reasonable advance notice of all internal administrative and | 12 | | disciplinary hearings regarding a youth residing in a facility | 13 | | operated by the Department. | 14 | | (f) The Department of Juvenile Justice may not discharge, | 15 | | demote, discipline, or in any manner discriminate or retaliate | 16 | | against a youth or an employee who in good faith makes a | 17 | | complaint to the Office of the Independent Juvenile Ombudsman | 18 | | or cooperates with the Office. | 19 | | (730 ILCS 5/3-2.7-35 new) | 20 | | Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman | 21 | | shall provide to the General Assembly and the Governor, no | 22 | | later than January 1 of each year, a summary of activities done | 23 | | in furtherance of the purpose of
the Office for the prior | 24 | | fiscal year. The summaries shall contain data both aggregated | 25 | | and disaggregated by individual facility and describe: |
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| 1 | | (1) the work of the Ombudsman; | 2 | | (2) the status of any review or investigation undertaken by
| 3 | | the Ombudsman, but
may not contain any confidential or | 4 | | identifying information
concerning the subjects of the reports | 5 | | and investigations; and | 6 | | (3) any recommendations that the Independent Juvenile
| 7 | | Ombudsman has relating to a systemic issue in the Department of | 8 | | Juvenile Justice's provision of services and any
other matters | 9 | | for consideration by the General Assembly and the Governor. | 10 | | (730 ILCS 5/3-2.7-40 new) | 11 | | Sec. 3-2.7-40. Complaints. The Office of Independent | 12 | | Juvenile Ombudsman shall promptly and efficiently act on | 13 | | complaints made by or on behalf of youth filed with the Office | 14 | | that relate to the operations or staff of the Department of | 15 | | Juvenile Justice. The Office shall maintain information about | 16 | | parties to the complaint, the subject matter of the complaint, | 17 | | a summary of the results of the review or investigation of the | 18 | | complaint, including any resolution of or recommendations made | 19 | | as a result of the complaint. The Office shall make information | 20 | | available describing its procedures for complaint | 21 | | investigation and resolution. When applicable, the Office | 22 | | shall notify the complaining youth that an investigation and | 23 | | resolution may result in or will require disclosure of the | 24 | | complaining youth's identity. The Office shall periodically | 25 | | notify the complaint parties of the status of the complaint |
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| 1 | | until final disposition. | 2 | | (730 ILCS 5/3-2.7-45 new) | 3 | | Sec. 3-2.7-45. Confidentiality. The name, address, or | 4 | | other personally identifiable information of a person who files | 5 | | a complaint with the Office, information generated by the | 6 | | Office related to a complaint or other activities of the | 7 | | Office, and confidential records obtained by the Office are not | 8 | | subject to disclosure under the Freedom of Information Act. The | 9 | | Office shall disclose the records only if required by court | 10 | | order on a showing of good cause. | 11 | | (730 ILCS 5/3-2.7-50 new) | 12 | | Sec. 3-2.7-50. Promotion and Awareness of Office. The | 13 | | Independent Juvenile Ombudsman shall promote awareness among | 14 | | the public and youth of: | 15 | | (1) the rights of youth committed to the Department; | 16 | | (2) purpose of the Office; | 17 | | (3) how the Office may be contacted; | 18 | | (4) the confidential nature of communications; and | 19 | | (5) the services the Office provides. | 20 | | (730 ILCS 5/3-2.7-55 new) | 21 | | Sec. 3-2.7-55. Access to information of governmental | 22 | | entities. The Department of Juvenile Justice shall provide the | 23 | | Independent Juvenile Ombudsman unrestricted access to all |
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| 1 | | master record files of youth under Section 3-5-1 of this Code. | 2 | | Access to educational, social, psychological, mental health, | 3 | | substance abuse, and medical records shall not be disclosed | 4 | | except as provided in Section 5-910 of the Juvenile Court Act | 5 | | of 1987, the Mental Health and Developmental Disabilities | 6 | | Confidentiality Act, the School Code, and any applicable | 7 | | federal laws that govern access to those records.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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