Full Text of HB1472 100th General Assembly
HB1472ham001 100TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/10/2018
| | 10000HB1472ham001 | | LRB100 03296 SLF 38106 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1472
| 2 | | AMENDMENT NO. ______. Amend House Bill 1472 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 2.1 of Chapter III as follows: | 6 | | (730 ILCS 5/Art. Ch. III Art. 2.1 heading new) | 7 | | ARTICLE 2.1. OFFICE OF THE CORRECTIONAL OMBUDSMAN LAW | 8 | | (730 ILCS 5/3-2.1-1 new) | 9 | | Sec. 3-2.1-1. Short title. This Article may be cited as the | 10 | | Office of Correctional Ombudsman Law. | 11 | | (730 ILCS 5/3-2.1-5 new) | 12 | | Sec. 3-2.1-5. Definitions. As used in this Article: | 13 | | "Department" means the Department of Corrections. | 14 | | "Director" means the Director of Corrections. |
| | | 10000HB1472ham001 | - 2 - | LRB100 03296 SLF 38106 a |
|
| 1 | | "Ombudsman" means the Office of the Correctional Ombudsman | 2 | | established in Section 3-2.1-10 of this Code. | 3 | | "Oversight Board" means the
Correctional Oversight Board | 4 | | established in Section 3-2.1-15 of this Code. | 5 | | (730 ILCS 5/3-2.1-10 new) | 6 | | Sec. 3-2.1-10. Ombudsman; appointment; organization. | 7 | | (a) In order
to achieve transparency, fairness, | 8 | | impartiality, and accountability in
State correctional | 9 | | facilities, there is created an independent Office
of the | 10 | | Correctional Ombudsman within the Executive Branch of State | 11 | | government. The
Ombudsman shall report to the Correctional | 12 | | Oversight Board established
in Section 3-2.1-15 of this | 13 | | Article. | 14 | | (b) Following the initial appointment of the members of the | 15 | | Correctional Oversight Board established under Section | 16 | | 3-2.1-15 of this Article, the Oversight Board shall promptly | 17 | | nominate a full-time Ombudsman and notify the Governor of the | 18 | | nomination. Nothing in this subsection (b) shall
prohibit the | 19 | | Oversight Board from appointing an interim Ombudsman if there | 20 | | is a
vacancy. | 21 | | (c) The Governor, within 30 days after receiving written | 22 | | notice of
any nomination of an Ombudsman made under subsection | 23 | | (b) of this Section, may approve or disapprove the nomination. | 24 | | If the Governor
approves the nomination, or fails to act on the | 25 | | nomination within the
30-day period, the nominee shall |
| | | 10000HB1472ham001 | - 3 - | LRB100 03296 SLF 38106 a |
|
| 1 | | immediately commence his or her term
as Ombudsman. If, within | 2 | | that 30-day period, the Governor serves
upon the chair of the | 3 | | Oversight Board a written notice disapproving the nomination, | 4 | | the nominee shall not be authorized to serve as Ombudsman, | 5 | | except that the Oversight Board may authorize an interim | 6 | | Ombudsman
appointed under subsection (b) of this Section to | 7 | | serve or
continue to serve as interim Ombudsman until the time | 8 | | an Ombudsman
is approved, or not timely disapproved, by the | 9 | | Governor. Following any
disapproval, the Oversight Board shall | 10 | | have 60 days to submit another nominee,
although the period may | 11 | | be extended, upon request of the Oversight Board, by the
| 12 | | Governor. A person appointed as interim Ombudsman may exercise | 13 | | all of
the powers available to the Ombudsman. | 14 | | (d) The Ombudsman must not have worked for the Department | 15 | | within the
last 10 years and may not hold any public office or | 16 | | other employment.
The Ombudsman shall serve a 6-year term and | 17 | | may only be removed for
good cause shown, after notice and an | 18 | | opportunity to be heard, by a vote of two-thirds or more of the | 19 | | 12 members of the Oversight Board. | 20 | | (730 ILCS 5/3-2.1-15 new) | 21 | | Sec. 3-2.1-15. Correctional Oversight Board. | 22 | | (a) There is created the
Correctional Oversight Board. The | 23 | | purpose of the Oversight Board shall be to monitor, study, and
| 24 | | make efforts to improve the transparency, fairness, | 25 | | impartiality, and
accountability in State correctional |
| | | 10000HB1472ham001 | - 4 - | LRB100 03296 SLF 38106 a |
|
| 1 | | institutions and facilities and to appoint the
Ombudsman. No | 2 | | current employee of the Department shall be appointed to
or | 3 | | serve on the Oversight Board. The Oversight Board shall consist | 4 | | of 12 members who
shall be appointed as follows: | 5 | | (1) one shall be the Executive Inspector General; | 6 | | (2) 4 shall be appointed by the Governor by and with | 7 | | the advice and consent of
the Senate; | 8 | | (3) 2 shall be appointed by the Governor from a list of | 9 | | at least 6
nominees submitted by non-profit agencies | 10 | | working in the fields of
re-entry or prisoner advocacy; | 11 | | (4) one shall be appointed by the Governor and shall be | 12 | | a former committed person of a Department institution or | 13 | | facility; | 14 | | (5) one shall be appointed by the Governor and shall be | 15 | | a former
employee of the Department who is no longer in | 16 | | State service; | 17 | | (6) one shall be an attorney appointed by the Governor | 18 | | from a list of
at least 4 nominees submitted by a statewide | 19 | | bar association; | 20 | | (7) one shall be a medical professional appointed by | 21 | | the Governor; and | 22 | | (8) one shall be a mental health professional who works | 23 | | with an organization providing legal representation for | 24 | | persons with special needs appointed
by the Governor. | 25 | | (b) All members of the Oversight Board shall be appointed | 26 | | for terms of 3
years with the terms to commence on August 1, |
| | | 10000HB1472ham001 | - 5 - | LRB100 03296 SLF 38106 a |
|
| 1 | | and expire July 31, provided that the Executive Inspector | 2 | | General shall serve ex
officio. Initial appointments must be | 3 | | made within 60 days after the
effective date of this amendatory | 4 | | Act of the 100th General Assembly. Any member chosen to fill a | 5 | | vacancy
created otherwise than by expiration of term shall be | 6 | | appointed for the
unexpired term of the member whom he or she | 7 | | is to succeed. Vacancies
caused by expiration of a term or | 8 | | otherwise shall be filled promptly and
in the same manner as | 9 | | original appointments. Any member may be reappointed for | 10 | | additional terms. A member of the Oversight Board shall | 11 | | continue in
the position upon the expiration of his or her term | 12 | | until the time as
he or she is reappointed or his or her | 13 | | successor is appointed, as the
case may be. | 14 | | (c) Membership on the Oversight Board shall not constitute | 15 | | the holding of an
office, and members of the Oversight Board | 16 | | shall not be required to take and file
oaths of office before | 17 | | serving on the Oversight Board. The Oversight Board shall not | 18 | | have
the right to exercise any portion of the sovereign power | 19 | | of the State. | 20 | | (d) The Oversight Board shall meet at least 2 times each | 21 | | year. The first
meeting of the Oversight Board shall be held | 22 | | within 30 days of the appointment
of the full Oversight Board | 23 | | or within 60 days after the effective date of this
amendatory | 24 | | Act of the 100th General Assembly, whichever occurs earlier. | 25 | | Special meetings may be called by
the chair and shall be called | 26 | | by the chair upon the request of at least
5 members of the |
| | | 10000HB1472ham001 | - 6 - | LRB100 03296 SLF 38106 a |
|
| 1 | | Oversight Board. The Oversight Board may establish its own | 2 | | procedures
with respect to the conduct of its meetings and | 3 | | other affairs. | 4 | | (e) The members of the Oversight Board shall receive no | 5 | | compensation for their
services but shall be allowed their | 6 | | actual and necessary expenses
incurred in the performance of | 7 | | their functions under this Article. | 8 | | (f) A member of the Oversight Board may not be disqualified | 9 | | from holding any
public office or employment outside of the | 10 | | Department, nor shall he or
she forfeit any office or | 11 | | employment, by reason of his or her
appointment under this | 12 | | Section. | 13 | | (g) The Oversight Board shall make recommendations to the | 14 | | Ombudsman for the
improvement of the Department's policies and | 15 | | consult with and advise the
Office of the Correctional | 16 | | Ombudsman in carrying out the duties and
responsibilities of | 17 | | the Office. The Ombudsman shall report to the
Oversight Board | 18 | | fully on the activities of the Office and shall seek Oversight | 19 | | Board
approval on all major decisions or policy changes, | 20 | | including any standards or protocols adopted by the Ombudsman | 21 | | for the inspection and monitoring of correctional facilities or | 22 | | the resolution of complaints
received by the Office. | 23 | | (h) Each member of the Oversight Board shall tour a | 24 | | correctional facility with
the Ombudsman at least annually. | 25 | | (730 ILCS 5/3-2.1-20 new) |
| | | 10000HB1472ham001 | - 7 - | LRB100 03296 SLF 38106 a |
|
| 1 | | Sec. 3-2.1-20. Powers of the Ombudsman. | 2 | | (a) The Ombudsman may hire and retain counsel to provide | 3 | | confidential advice or
to represent the Ombudsman if the | 4 | | Attorney General has a conflict in
representing the Ombudsman | 5 | | in any litigation. | 6 | | (b) The Office of the Ombudsman shall not be located in the | 7 | | same building or buildings as the Department but shall be | 8 | | wholly independent of
the Department except that the Department | 9 | | shall provide it with office
space, equipment, and furnishings | 10 | | within any Department facility as needed to carry out its | 11 | | functions and duties. | 12 | | (c) The Ombudsman may appoint the assistants, officers, | 13 | | investigators,
monitors, employees, and consultants as he or | 14 | | she shall determine necessary, prescribe their duties and | 15 | | powers, provide them with appropriate
training, fix their | 16 | | compensation, and provide for reimbursement of their
expenses | 17 | | within the amounts appropriated for that purpose, except that | 18 | | the
Ombudsman shall not hire any person known to be directly or | 19 | | indirectly
involved in an open internal affairs investigation | 20 | | conducted by any
federal, State, or local agency or who is a | 21 | | named defendant in a pending
federal or State lawsuit or | 22 | | criminal proceeding relating to his or her
prior work for a | 23 | | State, local, or federal correctional or law enforcement
| 24 | | agency. The Ombudsman may appoint a representative to carry out | 25 | | any of
his or her duties under this Article, except that the | 26 | | Ombudsman must
attend meetings with the Correctional Oversight |
| | | 10000HB1472ham001 | - 8 - | LRB100 03296 SLF 38106 a |
|
| 1 | | Board. | 2 | | (d) The Ombudsman may create, abolish, transfer, and | 3 | | consolidate bureaus
and other units within the Office as he or | 4 | | she may determine necessary
for the efficient operation of the | 5 | | Office, subject to the approval of
the Director of the | 6 | | Governor's Office of Management and Budget. | 7 | | (e) The Ombudsman may request and shall receive from any | 8 | | Department,
division, bureau, commission, or any other agency | 9 | | of the State or political subdivision of this State or any | 10 | | public authority the assistance,
information, and data as will | 11 | | enable the Office to carry out its functions, powers, and | 12 | | duties. | 13 | | (f) The Ombudsman shall be responsible for the | 14 | | contemporaneous public
oversight of internal affairs and the | 15 | | disciplinary process of the
Department. The Ombudsman
shall | 16 | | have discretion to provide oversight of any Department | 17 | | investigation relating to the well-being, treatment, | 18 | | discipline, safety, or any
other matter concerning committed | 19 | | persons or persons under parole or mandatory supervised release
| 20 | | as needed, including personnel investigations. | 21 | | (g) The Ombudsman may review specific policies, practices, | 22 | | programs, and
procedures of the Department that raise a | 23 | | significant correctional issue
relevant to the well-being, | 24 | | treatment, discipline, safety, rehabilitation, or any other | 25 | | matter concerning committed persons or persons under parole or | 26 | | mandatory supervised release. The Ombudsman may inspect, |
| | | 10000HB1472ham001 | - 9 - | LRB100 03296 SLF 38106 a |
|
| 1 | | investigate, or
examine all aspects of the Department's | 2 | | operations and conditions,
including, but not limited to, staff | 3 | | recruitment, training, supervision,
use of force, and | 4 | | discipline; committed person deaths, medical care, and mental | 5 | | health care;
committed person violence and conditions of | 6 | | confinement; committed person disciplinary process,
grievance | 7 | | process, and substance-abuse treatment; and committed person | 8 | | educational, vocational, and other programming and re-entry | 9 | | planning. During the course of
a review the Ombudsman shall | 10 | | identify areas of full and partial compliance or noncompliance | 11 | | with Department policies and procedures, specify
deficiencies | 12 | | in the completion and documentation of processes, and recommend | 13 | | corrective actions, including, but not limited to, additional
| 14 | | training, additional policies, or changes in policies, as well | 15 | | as any
other findings or recommendations he or she deems | 16 | | appropriate. | 17 | | (h) The Ombudsman may place the members of his or her staff | 18 | | as he or
she deems appropriate as monitors in any correctional | 19 | | facility which, in
the judgment of the Ombudsman, presents an | 20 | | imminent danger to the health,
safety, or security of committed | 21 | | persons or employees of the correctional facility
or the | 22 | | public. | 23 | | (i) The Ombudsman shall accept, with the approval of the | 24 | | Governor, as
agent of the State any grant, including federal | 25 | | grants, or any gift for
any of the purposes of this Article. | 26 | | Any moneys so received may be
expended by the Ombudsman to |
| | | 10000HB1472ham001 | - 10 - | LRB100 03296 SLF 38106 a |
|
| 1 | | effectuate any purpose of this Article,
subject to the same | 2 | | limitations as to approval of expenditures and audit
as are | 3 | | prescribed for State moneys appropriated for the purposes of | 4 | | this
Article. | 5 | | (j) The Ombudsman may enter into contracts with any person, | 6 | | firm,
corporation, municipality, or governmental agency. | 7 | | (k) The Ombudsman shall adopt, amend, or rescind rules in | 8 | | accordance with the Illinois Administrative Procedure Act, as | 9 | | may be necessary or
convenient to the performance of the | 10 | | functions, powers, and duties of the
Office. | 11 | | (l) The Ombudsman shall do all other things necessary or | 12 | | convenient to
carry out its functions, powers, and duties | 13 | | expressly set forth in this
Article. | 14 | | (m) If exigent circumstances of unsafe or life threatening | 15 | | situations arise involving committed persons, staff, persons | 16 | | on parole or mandatory supervised release,
or other persons, | 17 | | the Ombudsman shall notify the Governor, President of the | 18 | | Senate, and Speaker of the House of Representatives and | 19 | | commence an
immediate review of the circumstances. Upon | 20 | | completion of the review, the
Ombudsman shall prepare a | 21 | | complete written report which shall be
disclosed with the | 22 | | underlying materials that the Ombudsman deems appropriate to | 23 | | the Director, the requesting entity, and any appropriate
law | 24 | | enforcement agency. | 25 | | (n)(1) The Ombudsman shall interview and review all | 26 | | candidates for
appointment to serve as the chief administrative |
| | | 10000HB1472ham001 | - 11 - | LRB100 03296 SLF 38106 a |
|
| 1 | | officer of any State correctional
institution or facility. The | 2 | | Director shall submit the names of the candidates to
the | 3 | | Ombudsman who shall review the candidates' qualifications and
| 4 | | employ confidential procedures to evaluate the qualifications | 5 | | of each
candidate with regard to his or her ability to | 6 | | discharge the duties of
the office to which he or she is being | 7 | | appointed. Within 90 days of
the submission of a candidate's | 8 | | name, the Ombudsman shall confidentially
advise the Director as | 9 | | to whether the candidate is well-qualified,
qualified, or not | 10 | | qualified and the reasons for that assessment and may report, | 11 | | in
confidence, any other information that the Ombudsman deems | 12 | | pertinent to
the qualification of the candidate. The Ombudsman | 13 | | shall establish and
adopt rules and procedures regarding the | 14 | | review of candidates for the
position of chief administrative | 15 | | officer and for maintaining the confidentiality of
any | 16 | | interviews, documents, or other information relied upon in his | 17 | | or her
review. All the information shall be privileged and not | 18 | | subject to
disclosure. | 19 | | (2) If the Director appoints a chief administrative officer | 20 | | whom the Ombudsman
found was not qualified, the Ombudsman shall | 21 | | make public that finding
after due notice to the appointee. Any | 22 | | candidate found to be not qualified by the Ombudsman shall have | 23 | | the right to withdraw from consideration before the Ombudsman | 24 | | makes the public finding and in that case
the finding shall not | 25 | | be published. The notice and public finding
shall not | 26 | | constitute a waiver of privilege or breach of confidentiality
|
| | | 10000HB1472ham001 | - 12 - | LRB100 03296 SLF 38106 a |
|
| 1 | | concerning the Ombudsman's review of the appointee's | 2 | | qualifications
under this Section. | 3 | | (o) Notwithstanding any law to the contrary, the Ombudsman | 4 | | shall
periodically, but not less than every 3 years, conduct | 5 | | inspections
of each correctional institution or facility and | 6 | | shall periodically review delivery of
medical and mental health | 7 | | care at each correctional institution or facility. The
| 8 | | Ombudsman shall issue a public report on each correctional | 9 | | institution or facility at
least every 3 years. The Ombudsman | 10 | | need not notify the Department
before commencing the inspection | 11 | | or review. | 12 | | (p) All records, correspondence, videotapes, audiotapes, | 13 | | photographs,
notes, electronic communications, books, | 14 | | memoranda, papers, or other
documents or objects used as | 15 | | evidence to support a completed review or
investigation must be | 16 | | retained for 3 years after a report is issued
unless handed | 17 | | over to a law enforcement agency for criminal investigation. No | 18 | | documents or evidence shall be destroyed pending the
completion | 19 | | of an investigation or review. The documents or evidence
shall | 20 | | be publicly available unless confidential and not subject to
| 21 | | disclosure under the Freedom of Information Act or by court | 22 | | order. | 23 | | (q) Notwithstanding any other provision of law, the | 24 | | Ombudsman shall
have complete access and authority to examine | 25 | | and reproduce any and all
past and current books, accounts, | 26 | | reports, medical and mental health
records, vouchers, |
| | | 10000HB1472ham001 | - 13 - | LRB100 03296 SLF 38106 a |
|
| 1 | | correspondence files, computer files, computer data
bases, | 2 | | documents, video and audio tape recordings, statistics and
| 3 | | performance based outcome measures, and any and all other past | 4 | | and
current records and to examine the bank accounts, money, or | 5 | | property of
the Department. Any State office or agency or a | 6 | | political subdivision
of this State or other public entity, or | 7 | | employee or officer of that entity
possessing the records or | 8 | | property, shall permit access to, and examination and | 9 | | reproduction of the records, consistent with the provisions of | 10 | | this
Article, upon the request the Ombudsman or his or her | 11 | | designee. Access,
examination, and reproduction of the records | 12 | | consistent with this
Section shall not result in waiver of any | 13 | | confidentiality or privilege regarding any records or | 14 | | property. | 15 | | (r) The Ombudsman may require any State employee to be | 16 | | interviewed on
a confidential basis. The employee must comply | 17 | | with the request to be
interviewed and must be given time off | 18 | | from his or her employment for
the purposes of attending the | 19 | | interview and may be accompanied by
counsel acting on his or | 20 | | her behalf. The Ombudsman may also conduct a
confidential | 21 | | interview of any committed person or other person upon consent. | 22 | | (s) The Ombudsman may enter anywhere on the grounds of any | 23 | | Department
institution or facility or office for the purposes | 24 | | of observation, inspection, and
investigation and shall have | 25 | | unfettered access to all areas of the
Department and any | 26 | | institution or facility at any time. |
| | | 10000HB1472ham001 | - 14 - | LRB100 03296 SLF 38106 a |
|
| 1 | | (t) The Ombudsman may cause the body of a deceased | 2 | | committed person to undergo
the examinations, including an | 3 | | autopsy, as he or she deems necessary to
determine the cause of | 4 | | death, irrespective of whether the examination or autopsy shall | 5 | | have been previously performed. | 6 | | (u)(1) In the exercise of his or her functions, powers, and | 7 | | duties, the
Ombudsman and any attorney employed by the Office | 8 | | may issue
and enforce a subpoena and a subpoena duces tecum, | 9 | | administer oaths, and
examine persons under oath. A person | 10 | | examined under oath under this
paragraph shall have the right | 11 | | to be accompanied by counsel who shall
advise the person of his | 12 | | or her rights subject to reasonable limitations
to prevent | 13 | | obstruction of, or interference with, the orderly conduct of
| 14 | | the examination. Notwithstanding any other provision of law, a | 15 | | subpoena
may be issued and enforced under this paragraph for | 16 | | the medical
records of a committed person of a correctional | 17 | | institution or facility, regardless of whether
the medical | 18 | | records were made during the course of the committed person's | 19 | | incarceration. | 20 | | (2) In any case in which a person in charge or control of a | 21 | | correctional
institution or facility or an officer or employee | 22 | | of the correctional institution or facility shall fail to | 23 | | comply with the
provisions of paragraph (1) of this subsection | 24 | | (u), or in any case in which a
coroner, coroner's physician, or | 25 | | medical examiner shall fail to comply
with Section 3-3013 of | 26 | | the Counties Code, the Ombudsman may apply to the Supreme Court
|
| | | 10000HB1472ham001 | - 15 - | LRB100 03296 SLF 38106 a |
|
| 1 | | for a judgment of mandamus directed to the person requiring | 2 | | compliance with the provisions of paragraph (1) of this | 3 | | subsection (u) or Section 3-3013 of the Counties Code.
Upon | 4 | | application, the Court may issue the judgment as may be just | 5 | | and
a failure to comply with the judgment of the Court shall be | 6 | | a contempt of
court and punishable as contempt. | 7 | | (v) The Ombudsman shall not be compelled to testify or | 8 | | release records
without a court order that are otherwise exempt | 9 | | from public disclosure,
including documents pertaining to any | 10 | | investigation that has not been
completed or any identifying | 11 | | information, personal papers, or correspondence with any | 12 | | person who has requested assistance from the Office unless
that | 13 | | person consents in writing to the release of the information,
| 14 | | papers, or correspondence. | 15 | | (w) The Ombudsman may hold public hearings. | 16 | | (730 ILCS 5/3-2.1-25 new) | 17 | | Sec. 3-2.1-25. Additional functions, powers, and duties of | 18 | | the Office of the
Ombudsman. | 19 | | (a) The Office may receive communications from any person
| 20 | | who believes he or she may have information that may describe | 21 | | improper
governmental activities or wrongdoing within the | 22 | | Department. Committed person
mail to and from the Ombudsman | 23 | | shall be treated in the same manner as
legal mail and may not | 24 | | be restricted by the Department, the Department of Human | 25 | | Services, or any other entity. |
| | | 10000HB1472ham001 | - 16 - | LRB100 03296 SLF 38106 a |
|
| 1 | | (b) The Ombudsman shall establish a toll-free telephone | 2 | | number for the
purpose of identifying any alleged wrongdoing by | 3 | | an employee of the
Department. This telephone number shall be | 4 | | posted by the Department in
clear view of employees, committed | 5 | | persons, and the public, and committed persons shall be
| 6 | | permitted to call the number during normal hours for telephone | 7 | | usage or
within 24 hours of admission to a special housing unit | 8 | | or other
unit with restricted telephone access. Telephone calls | 9 | | made to the
toll-free number from a correctional institution or | 10 | | facility shall not be recorded by
the Department and are | 11 | | protected confidential communications. The
Ombudsman shall | 12 | | also maintain a website with a complaint form that may
be | 13 | | filled out online and shall also accept complaints by mail or | 14 | | other
means alleging wrongdoing by an employee of the | 15 | | Department. When
requested, the Ombudsman shall initiate a | 16 | | review of any alleged
wrongdoing which may result in an | 17 | | investigation of the alleged wrongdoing at the Ombudsman's | 18 | | discretion. | 19 | | (c) At the conclusion of an investigation of a complaint, | 20 | | the Ombudsman shall report his or her findings to the | 21 | | complainant and any person
designated to receive the findings | 22 | | by the complainant. If the Ombudsman
does not investigate a | 23 | | complaint, he or she shall notify the complainant
and the other | 24 | | person of the decision not to investigate and the reasons
for | 25 | | the decision. If the complainant is deceased at the time of the
| 26 | | completion of an investigation, the Ombudsman shall report his |
| | | 10000HB1472ham001 | - 17 - | LRB100 03296 SLF 38106 a |
|
| 1 | | or her
findings to the complainant's next of kin when the | 2 | | person is known to
the Ombudsman or to the Department. | 3 | | (d) The Ombudsman may act informally to resolve a | 4 | | complaint, including
providing referrals or information to | 5 | | complainants, expediting individual matters, mediating, or | 6 | | providing other assistance. | 7 | | (e) All identifying information and any personal records or | 8 | | correspondence from any person who initiated the review of the | 9 | | alleged
wrongdoing shall be confidential unless the person | 10 | | consents to disclosure in writing. | 11 | | (f) If the Ombudsman believes that an allegation of | 12 | | criminal
misconduct has been made by a complainant, he or she | 13 | | shall report the
allegation to the appropriate law enforcement | 14 | | agency. | 15 | | (g) Upon receiving a complaint of retaliation for | 16 | | complaining to or
cooperating with the Ombudsman, the Ombudsman | 17 | | shall commence an inquiry
into the complaint and conduct a | 18 | | formal investigation. If the
Ombudsman finds that a complaint | 19 | | of retaliation is founded as a result of
an investigation, he | 20 | | or she shall so notify the Department and make
recommendations | 21 | | for corrective action to be taken by the Department. The
| 22 | | Ombudsman shall make the results and supporting evidence of its | 23 | | formal
investigation available to the Department of Human | 24 | | Rights should an
employee file a retaliation complaint with the | 25 | | agency and consent to
the disclosure in writing. | 26 | | (h) To facilitate oversight, the Office shall be |
| | | 10000HB1472ham001 | - 18 - | LRB100 03296 SLF 38106 a |
|
| 1 | | immediately notified
by the Department of all unusual and | 2 | | significant incidents including,
but not limited to, riots or | 3 | | fights involving multiple combatants, staff use
of force, | 4 | | committed person deaths, serious physical assaults on | 5 | | employees or
committed persons, work stoppages, and escapes and | 6 | | shall be given monthly aggregated reports of unusual incidents | 7 | | and committed person grievances by the Department. Employees of | 8 | | the Office shall be permitted to be present in any
Department | 9 | | internal investigation or inquiry. The Office shall be
| 10 | | responsible for reporting the unusual and significant | 11 | | incidents and the
outcome of its investigations into the | 12 | | incidents to the public no less
than quarterly. | 13 | | (i)(1) The Ombudsman shall annually prepare a public report | 14 | | and summary of all investigations and reviews, including a list | 15 | | of significant
problems discovered by the Office, whether or | 16 | | not the recommendations
made by the Office have been | 17 | | implemented, and a list of the Office's
high priorities for the | 18 | | following year. The Ombudsman shall submit the
report to the | 19 | | Governor, the President of the Senate, and
Speaker of the House | 20 | | of Representatives by December 31 of each year. The
report | 21 | | shall be posted in electronic form on the Office's public
| 22 | | website. The Ombudsman shall be authorized to redact portions | 23 | | of the
report in a manner consistent with the Freedom of | 24 | | Information Act or if disclosure is otherwise prohibited by | 25 | | law. | 26 | | (2) Upon review of the cause of death and circumstances |
| | | 10000HB1472ham001 | - 19 - | LRB100 03296 SLF 38106 a |
|
| 1 | | surrounding
the death of any committed person in a correctional | 2 | | institution or facility, the Ombudsman shall
submit its report | 3 | | on that issue to the Governor, the Speaker of the House of | 4 | | Representatives,
the President of the Senate, the chairperson | 5 | | of the House of Representatives Government Transparency | 6 | | Committee, the House of Representatives
Judiciary II | 7 | | Committee, the chairperson of the Senate Criminal Law | 8 | | Committee, and the Director, and, if appropriate, make | 9 | | recommendations to prevent the recurrence of the deaths. The | 10 | | reports shall be
published on the Office's website and shall | 11 | | otherwise be made available
to the public. | 12 | | (3) The Ombudsman shall make an annual report to the | 13 | | Governor, the
Speaker of the House of Representatives, the | 14 | | President of the Senate, the
chairperson of the House of | 15 | | Representatives
Judiciary II Committee, and the chairperson of
| 16 | | the Senate Criminal Law Committee on the condition of systems
| 17 | | for the delivery of medical care to committed persons of | 18 | | correctional facilities
and, if appropriate, recommend changes | 19 | | as it shall deem necessary and proper to improve the quality | 20 | | and availability of the medical
care. The report shall be | 21 | | published on the Office's website and shall
otherwise be made | 22 | | available to the public. | 23 | | (4) All public reports by the Ombudsman shall not disclose | 24 | | information
if prohibited by law. | 25 | | (730 ILCS 5/3-2.1-30 new) |
| | | 10000HB1472ham001 | - 20 - | LRB100 03296 SLF 38106 a |
|
| 1 | | Sec. 3-2.1-30. Additional duties of the Department. | 2 | | (a) State employees operating within a correctional | 3 | | institution or facility must cooperate fully and promptly
with | 4 | | the Ombudsman. | 5 | | (b) The Department shall respond in writing to any | 6 | | recommendations made
by the Ombudsman or his or her designee | 7 | | within 45 days and shall
state with specificity its reasons for | 8 | | failing to act on the recommendation. The writings shall be | 9 | | made public by the Ombudsman, except
that information that | 10 | | would reveal confidential material that may not
be released | 11 | | under federal or State law shall be redacted by the
Ombudsman | 12 | | from any report or recommendation. | 13 | | (c) The Director shall immediately report to the Ombudsman | 14 | | the
death of a committed person of any institution or facility | 15 | | in any manner and form as the
Ombudsman shall prescribe and | 16 | | shall provide him or her with an autopsy
report when available. | 17 | | (730 ILCS 5/3-2.1-35 new) | 18 | | Sec. 3-2.1-35. Obstructing an investigation by the | 19 | | Correctional Ombudsman. | 20 | | (a) A
person commits obstructing an investigation by the | 21 | | Correctional
Ombudsman when, with intent to obstruct or impede | 22 | | an inquiry or investigation by the Correctional Ombudsman | 23 | | appointed under Section 3-2.1-10 of this Code, he or she | 24 | | knowingly
destroys or knowingly fails to permit access to, | 25 | | examination of, or
reproduction by the Office of the |
| | | 10000HB1472ham001 | - 21 - | LRB100 03296 SLF 38106 a |
|
| 1 | | Correctional Ombudsman, of any book,
account, bank account | 2 | | information, report, voucher, correspondence or
correspondence | 3 | | file, computer file, computer data base, document, video
or | 4 | | audio recording, statistic or performance based outcome | 5 | | measure,
money, property, or any other record of the Department | 6 | | lawfully requested by the Correctional Ombudsman. | 7 | | (b) Sentence.
Obstructing an investigation by the | 8 | | Correctional Ombudsman is a Class A
misdemeanor. ".
|
|