Full Text of HB2292 101st General Assembly
HB2292ham001 101ST GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2292
| 2 | | AMENDMENT NO. ______. Amend House Bill 2292 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 to Chapter III and by changing the heading | 6 | | of Article 2.7 of Chapter III and Sections 3-2.7-1, 3-2.7-5, | 7 | | 3-2.7-10, 3-2.7-15, 3-2.7-20, 3-2.7-25, 3-2.7-30, 3-2.7-35, | 8 | | 3-2.7-40, 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 | 14 | | Department of Corrections Independent Office of the | 15 | | Ombudsperson Law. |
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| 1 | | (730 ILCS 5/3-2.1-3 new) | 2 | | Sec. 3-2.1-3. Purpose. The purpose of this Article is to | 3 | | create within the Department of Corrections an Independent | 4 | | Office of the Ombudsperson for the purpose of providing people | 5 | | living in State-run correctional facilities or living under the | 6 | | requirements or mandatory supervised release or parole with a | 7 | | non-adversarial process that will redress and prevent abuse, | 8 | | neglect, violations of law, policy, or best practice at the | 9 | | hands 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 | 12 | | requires otherwise: | 13 | | "Department" means the Department of Corrections. | 14 | | "Immediate family or household member" means the spouse, | 15 | | child, parent, brother, sister, grandparent, or grandchild, | 16 | | whether of the whole blood or half blood or by adoption, or a | 17 | | person who shares a common dwelling. | 18 | | "Department of Corrections system" means all activities by | 19 | | public or private agencies or persons pertaining to persons | 20 | | involved in or having contact with the police, courts, or | 21 | | corrections. | 22 | | "Juvenile justice system" means all activities by public or | 23 | | private agencies or persons pertaining to youth involved in or | 24 | | having contact with the police, courts, or corrections. |
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| 1 | | "Office" means the Independent Office of the Corrections | 2 | | Ombudsperson. | 3 | | "Ombudsperson" means the director of the Independent | 4 | | Office of the Corrections Ombudsperson. | 5 | | "Person" means any person committed by court order to the | 6 | | custody of the Department of Corrections, including people | 7 | | released on mandatory supervised release or parole before final | 8 | | discharge. | 9 | | (730 ILCS 5/3-2.1-10 new) | 10 | | Sec. 3-2.1-10. Appointment of Independent Corrections | 11 | | Ombudsperson. The Governor shall appoint the Independent | 12 | | Corrections Ombudsperson with the advice and consent of the | 13 | | Senate for a term of 4 years, with the first term expiring | 14 | | February 1, 2024. A person appointed as Ombudsperson may be | 15 | | reappointed to one or more subsequent terms. A vacancy shall | 16 | | occur upon resignation, death, or removal. The Ombudsperson may | 17 | | only be removed by the Governor for incompetency, malfeasance, | 18 | | neglect of duty, or conviction of a felony. If the Senate is | 19 | | not in session or is in recess when an appointment subject to | 20 | | its confirmation is made, the Governor shall make a temporary | 21 | | appointment which shall be subject to subsequent Senate | 22 | | approval. The Ombudsperson may employ deputies to perform, | 23 | | under the direction of the Ombudsperson, the same duties and | 24 | | exercise the same powers as the Ombudsperson, and may employ | 25 | | other support staff as deemed necessary. The Ombudsperson and |
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| 1 | | deputies must: | 2 | | (1) be over the age of 21 years; | 3 | | (2) have a bachelor's or advanced degree from an
accredited | 4 | | college or university; and | 5 | | (3) have relevant expertise in areas such as the
criminal | 6 | | justice system, investigations, or civil rights advocacy as | 7 | | evidenced 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 | 10 | | serve as Ombudsperson or as a deputy if the person or the | 11 | | person's immediate family or household member: | 12 | | (1) is or has been employed by the Department of Juvenile | 13 | | Justice or the Department of Corrections within 5 years prior | 14 | | to appointment, other than as Ombudsperson or Deputy | 15 | | Ombudsperson; | 16 | | (2) participates in the management of a business
entity or | 17 | | other organization receiving funds from the Department of | 18 | | Corrections; | 19 | | (3) owns or controls, directly or indirectly, any
interest | 20 | | in a business entity or other organization receiving funds from | 21 | | the Department of Corrections; | 22 | | (4) uses or receives any amount of tangible goods,
| 23 | | services, or funds from the Department of Corrections, other | 24 | | than as Ombudsperson or Deputy Ombudsperson; or | 25 | | (5) is required to register as a lobbyist for an
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| 1 | | organization that interacts with the juvenile justice or | 2 | | Department 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 | 6 | | function independently within the Department of Corrections | 7 | | with respect to the operations of the Office in performance of | 8 | | his or her duties under this Article and shall report to the | 9 | | Governor. The Ombudsperson shall adopt rules and standards as | 10 | | may be necessary or desirable to carry out his or her duties. | 11 | | Funding for the Office shall be 3% of the Department's budget | 12 | | and designated separately within Department funds. The | 13 | | Department shall provide necessary administrative services and | 14 | | facilities to the Office of the Independent Corrections | 15 | | Ombudsperson. | 16 | | (b) The Office of Independent Corrections Ombudsperson | 17 | | shall 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 |
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| 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 | 26 | | be made available on the Ombudsperson website and reported |
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| 1 | | immediately to Director of Corrections, the General Assembly, | 2 | | and the Governor. | 3 | | (d) Notwithstanding any other provision of law, the | 4 | | Ombudsperson may not investigate violations of the State | 5 | | Officials and Employees Ethics Act. If the Ombudsperson | 6 | | determines that a possible criminal act has been committed, or | 7 | | that special expertise is required in the investigation, he or | 8 | | she shall immediately notify the Department of State Police. If | 9 | | the Ombudsperson determines that a possible violation of the | 10 | | State Officials and Employees Ethics Act has occurred, he or | 11 | | she shall immediately refer the incident to the Office of the | 12 | | Governor's Executive Inspector General for investigation. All | 13 | | investigations conducted by the Ombudsperson shall be | 14 | | conducted in a manner designed to ensure the preservation of | 15 | | evidence for possible use in a criminal prosecution. | 16 | | (e) In performance of his or her duties, the Ombudsperson | 17 | | may: | 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; |
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| 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 | 14 | | Ombudsperson may, in any matter that does not involve alleged | 15 | | criminal behavior, contact or consult with an administrator, | 16 | | employee, person, expert, or any other individual in the course | 17 | | of his or her investigation or to secure information as | 18 | | necessary 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 | 22 | | communicate with the Ombudsperson or a deputy at any time. The | 23 | | communication: | 24 | | (1) may be in person, by phone, by mail, or by any
| 25 | | other means deemed appropriate in light of security |
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| 1 | | concerns; and | 2 | | (2) is confidential and privileged. | 3 | | (b) The Department shall allow the Ombudsperson and | 4 | | deputies full and unannounced access to persons and Department | 5 | | facilities at any time. The Department shall furnish the | 6 | | Ombudsperson and deputies with appropriate meeting space in | 7 | | each facility in order to preserve confidentiality. | 8 | | (c) The Department shall allow the Ombudsperson and | 9 | | deputies to participate in professional development | 10 | | opportunities provided by the Department of Juvenile Justice as | 11 | | practical and to attend appropriate professional training when | 12 | | requested by the Ombudsperson. | 13 | | (d) The Department shall provide the Ombudsperson copies of | 14 | | critical incident reports involving a person residing in a | 15 | | facility operated by the Department. Critical incidents | 16 | | include, but are not limited to, severe injuries that result in | 17 | | hospitalization, suicide attempts that require medical | 18 | | intervention, sexual abuse, and escapes. | 19 | | (e) The Department shall provide the Ombudsperson with | 20 | | reasonable advance notice of all internal administrative and | 21 | | disciplinary hearings regarding a person residing in a facility | 22 | | operated by the Department. | 23 | | (f) The Department of Corrections may not discharge, | 24 | | demote, discipline, or in any manner discriminate or retaliate | 25 | | against a person or an employee who in good faith makes a | 26 | | complaint to the Office of the Independent Corrections |
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| 1 | | Ombudsperson or cooperates with the Office. | 2 | | (730 ILCS 5/3-2.1-30 new) | 3 | | Sec. 3-2.1-30. Reports. The Independent Corrections | 4 | | Ombudsperson shall provide to the General Assembly and the | 5 | | Governor, no later than January 1 of each year, a summary of | 6 | | activities done in furtherance of the purpose of the Office for | 7 | | the prior fiscal year. The summaries shall contain data both | 8 | | aggregated and disaggregated by individual facility and | 9 | | describe: | 10 | | (1) the work of the Ombudsperson; | 11 | | (2) the status of any review or investigation
undertaken by | 12 | | the Ombudsperson, but may not contain any confidential or | 13 | | identifying information concerning the subjects of the reports | 14 | | and investigations; and | 15 | | (3) any recommendations that the Independent Corrections
| 16 | | Ombudsperson has relating to a systemic issue in the Department | 17 | | of Corrections' provision of services and any other matters for | 18 | | consideration 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 | 21 | | Corrections Ombudsperson shall promptly and efficiently act on | 22 | | complaints made by or on behalf of person filed with the Office | 23 | | that relate to the operations or staff of the Department of | 24 | | Corrections. The Office shall maintain information about |
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| 1 | | parties to the complaint, the subject matter of the complaint, | 2 | | a summary of the results of the review or investigation of the | 3 | | complaint, including any resolution of or recommendations made | 4 | | as a result of the complaint. The Office shall make information | 5 | | available describing its procedures for complaint | 6 | | investigation and resolution. When applicable, the Office | 7 | | shall notify the complaining person that an investigation and | 8 | | resolution may result in or will require disclosure of the | 9 | | complaining person's identity. The Office shall periodically | 10 | | notify the parties who filed the complaint of the status of the | 11 | | complaint until final disposition. | 12 | | (730 ILCS 5/3-2.1-40 new) | 13 | | Sec. 3-2.1-40. Confidentiality. The name, address, or | 14 | | other personally identifiable information of a person who files | 15 | | a complaint with the Office, information generated by the | 16 | | Office related to a complaint or other activities of the | 17 | | Office, and confidential records obtained by the Office are not | 18 | | subject to disclosure under the Freedom of Information Act. The | 19 | | Office shall disclose the records only if required by court | 20 | | order 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 | 23 | | Independent Corrections Ombudsperson shall promote awareness | 24 | | among the public and persons of: |
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| 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 | 8 | | entities. The Department of Corrections shall provide the | 9 | | Independent Corrections Ombudsperson unrestricted access to | 10 | | all master record files of persons under Section 3-5-1 of this | 11 | | Code. Access to educational, social, psychological, mental | 12 | | health, substance abuse, and medical records shall not be | 13 | | disclosed except as provided in Section 5-910 of the Juvenile | 14 | | Court Act of 1987, the Mental Health and Developmental | 15 | | Disabilities Confidentiality Act, the School Code, and any | 16 | | applicable 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 | 23 | | Department of Juvenile Justice Independent Juvenile |
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| 1 | | Ombudsperson 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 | 5 | | create within the Department of Juvenile Justice the Office of | 6 | | Independent Juvenile Ombudsperson Ombudsman for the purpose of | 7 | | providing youth living in State-run correctional facilities or | 8 | | aftercare with a non-adversarial process that will redress and | 9 | | prevent abuse, neglect, violations of law, policy, or best | 10 | | practice at the hands of State employees or contractors | 11 | | securing the rights of youth committed to the Department of | 12 | | Juvenile Justice, including youth released on aftercare before | 13 | | final 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 | 17 | | context requires otherwise: | 18 | | "Department" means the Department of Juvenile Justice. | 19 | | "Immediate family or household member" means the spouse, | 20 | | child, parent, brother, sister, grandparent, or grandchild, | 21 | | whether of the whole blood or half blood or by adoption, or a | 22 | | person who shares a common dwelling. | 23 | | "Juvenile justice system" means all activities by public or | 24 | | private agencies or persons pertaining to youth involved in or |
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| 1 | | having contact with the police, courts, or corrections. | 2 | | "Office" means the Office of the Independent Juvenile | 3 | | Ombudsperson Ombudsman . | 4 | | " Ombudsperson Ombudsman " means the Department of Juvenile | 5 | | Justice Independent Juvenile Ombudsperson Ombudsman . | 6 | | "Youth" means any person committed by court order to the | 7 | | custody of the Department of Juvenile Justice, including youth | 8 | | released 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 | 12 | | Ombudsperson Ombudsman . The Governor shall appoint the | 13 | | Independent Juvenile Ombudsperson Ombudsman with the advice | 14 | | and consent of the Senate for a term of 4 years, with the first | 15 | | term expiring February 1, 2017. A person appointed as | 16 | | Ombudsperson Ombudsman may be reappointed to one or more | 17 | | subsequent terms. A vacancy shall occur upon resignation, | 18 | | death, or removal. The Ombudsperson Ombudsman may only be | 19 | | removed by the Governor for incompetency, malfeasance, neglect | 20 | | of duty, or conviction of a felony. If the Senate is not in | 21 | | session or is in recess when an appointment subject to its | 22 | | confirmation is made, the Governor shall make a temporary | 23 | | appointment which shall be subject to subsequent Senate | 24 | | approval.
The Ombudsperson Ombudsman may employ deputies to | 25 | | perform, under the direction of the Ombudsperson Ombudsman , the |
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| 1 | | same duties and exercise the same powers as the Ombudsperson | 2 | | Ombudsman , and may employ other support staff as deemed | 3 | | necessary. 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 | 14 | | serve as Ombudsperson Ombudsman or as a deputy if the person or | 15 | | the 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; |
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| 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 | 12 | | function independently within the Department of Juvenile | 13 | | Justice with respect to the operations of the Office in | 14 | | performance of his or her duties under this Article and shall | 15 | | report to the Governor. The Ombudsperson Ombudsman shall adopt | 16 | | rules and standards as may be
necessary or desirable to carry | 17 | | out his or her duties. Funding
for the Office shall be 3% of | 18 | | the Department's budget and designated separately within
| 19 | | Department funds. The Department shall provide necessary | 20 | | administrative services and facilities to the Office of the | 21 | | Independent Juvenile Ombudsperson Ombudsman . | 22 | | (b) The Office of Independent Juvenile Ombudsperson | 23 | | Ombudsman shall have
the following duties: | 24 | | (1) review and monitor the implementation of the rules
| 25 | | and standards established by the Department of Juvenile
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| 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 |
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| 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 | 9 | | following cases shall be made available on the Ombudsperson | 10 | | website and reported immediately to
the Director of Juvenile | 11 | | Justice , 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 | 24 | | Ombudsperson
Ombudsman may not investigate alleged criminal | 25 | | behavior or violations of the State Officials and Employees | 26 | | Ethics Act. If the
Ombudsperson Ombudsman determines that a |
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| 1 | | possible criminal act has been
committed, or that special | 2 | | expertise is required in the
investigation, he or she shall | 3 | | immediately notify the
Department of State Police. If the | 4 | | Ombudsperson Ombudsman determines that a possible violation of | 5 | | the State Officials and Employees Ethics Act has occurred, he | 6 | | or she shall immediately refer the incident to the Office of | 7 | | the Governor's Executive Inspector General for investigation. | 8 | | If the Ombudsperson Ombudsman receives a complaint from a youth | 9 | | or third party regarding suspected abuse or neglect of a child, | 10 | | the Ombudsperson Ombudsman shall refer the incident to the | 11 | | Child Abuse and Neglect Hotline or to the State Police as | 12 | | mandated by the Abused and Neglected Child Reporting Act. Any | 13 | | investigation conducted by the Ombudsperson
Ombudsman shall | 14 | | not be duplicative and shall be separate from
any investigation | 15 | | mandated by the Abused and Neglected Child
Reporting Act.
All | 16 | | investigations conducted by the Ombudsperson Ombudsman shall | 17 | | be
conducted in a manner designed to ensure the preservation of
| 18 | | evidence for possible use in a criminal prosecution. | 19 | | (e) In performance of his or her duties, the
Ombudsperson | 20 | | Ombudsman 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 |
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| 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 | 18 | | Ombudsperson
Ombudsman may, in any matter that does not involve | 19 | | alleged
criminal behavior, contact or consult with an | 20 | | administrator,
employee, youth, parent, expert, or any other | 21 | | individual in the
course of his or her investigation or to | 22 | | secure 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 |
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| 1 | | Justice. | 2 | | (a) The Department of Juvenile Justice shall allow any | 3 | | youth to communicate with the Ombudsperson Ombudsman or a | 4 | | deputy 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 | 10 | | and deputies full and unannounced access to youth and | 11 | | Department facilities at any time. The Department shall furnish | 12 | | the Ombudsperson Ombudsman and deputies with appropriate | 13 | | meeting space in each facility in order to preserve | 14 | | confidentiality. | 15 | | (c) The Department shall allow the Ombudsperson Ombudsman | 16 | | and deputies to participate in professional development | 17 | | opportunities provided by the Department of Juvenile Justice as | 18 | | practical and to attend appropriate professional training when | 19 | | requested by the Ombudsperson Ombudsman . | 20 | | (d) The Department shall provide the Ombudsperson | 21 | | Ombudsman copies of critical incident reports involving a youth | 22 | | residing in a facility operated by the Department. Critical | 23 | | incidents include, but are not limited to, severe injuries that | 24 | | result in hospitalization, suicide attempts that require | 25 | | medical intervention, sexual abuse, and escapes. | 26 | | (e) The Department shall provide the Ombudsperson |
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| 1 | | Ombudsman with reasonable advance notice of all internal | 2 | | administrative and disciplinary hearings regarding a youth | 3 | | residing in a facility operated by the Department. | 4 | | (f) The Department of Juvenile Justice may not discharge, | 5 | | demote, discipline, or in any manner discriminate or retaliate | 6 | | against a youth or an employee who in good faith makes a | 7 | | complaint to the Office of the Independent Juvenile | 8 | | Ombudsperson 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 | 12 | | Ombudsperson Ombudsman shall provide to the General Assembly | 13 | | and the Governor, no later than January 1 of each year, a | 14 | | summary of activities done in furtherance of the purpose of
the | 15 | | Office for the prior fiscal year. The summaries shall contain | 16 | | data both aggregated and disaggregated by individual facility | 17 | | and 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 |
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| 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 | 7 | | Juvenile Ombudsperson Ombudsman shall promptly and efficiently | 8 | | act on complaints made by or on behalf of youth filed with the | 9 | | Office that relate to the operations or staff of the Department | 10 | | of Juvenile Justice. The Office shall maintain information | 11 | | about parties to the complaint, the subject matter of the | 12 | | complaint, a summary of the results of the review or | 13 | | investigation of the complaint, including any resolution of or | 14 | | recommendations made as a result of the complaint. The Office | 15 | | shall make information available describing its procedures for | 16 | | complaint investigation and resolution. When applicable, the | 17 | | Office shall notify the complaining youth that an investigation | 18 | | and resolution may result in or will require disclosure of the | 19 | | complaining youth's identity. The Office shall periodically | 20 | | notify the complaint parties of the status of the complaint | 21 | | until 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 |
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| 1 | | Independent Juvenile Ombudsperson Ombudsman shall promote | 2 | | awareness 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 | 11 | | entities. The Department of Juvenile Justice shall provide the | 12 | | Independent Juvenile Ombudsperson Ombudsman unrestricted | 13 | | access to all master record files of youth under Section 3-5-1 | 14 | | of this Code. Access to educational, social, psychological, | 15 | | mental health, substance abuse, and medical records shall not | 16 | | be disclosed except as provided in Section 5-910 of the | 17 | | Juvenile Court Act of 1987, the Mental Health and Developmental | 18 | | Disabilities Confidentiality Act, the School Code, and any | 19 | | applicable 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 | 22 | | becoming law.".
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