SB2197 EngrossedLRB103 24916 RLC 57099 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
5changing Sections 3-2.7-1, 3-2.7-5, 3-2.7-10, 3-2.7-20,
63-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55
7as follows:
 
8    (730 ILCS 5/3-2.7-1)
9    Sec. 3-2.7-1. Short title. This Article may be cited as
10the Department of Juvenile Justice Independent Juvenile
11Ombudsman Law.
12(Source: P.A. 98-1032, eff. 8-25-14.)
 
13    (730 ILCS 5/3-2.7-5)
14    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
15create within the Department of Juvenile Justice the Office of
16Independent Juvenile Ombudsman for the purpose of securing the
17rights of youth committed to the Department of Juvenile
18Justice and county-operated juvenile detention centers,
19including youth released on aftercare before final discharge.
20(Source: P.A. 98-1032, eff. 8-25-14.)
 
21    (730 ILCS 5/3-2.7-10)

 

 

SB2197 Engrossed- 2 -LRB103 24916 RLC 57099 b

1    Sec. 3-2.7-10. Definitions. In this Article, unless the
2context requires otherwise:
3    "County-operated juvenile detention center" means any
4residential treatment center as defined in subsection (12.3)
5of Section 1-3 of the Juvenile Court Act of 1987 and any other
6facility that detains youth in the juvenile justice system
7that is specifically designated to detain or incarcerate
8youth. "County-operated juvenile detention center" does not
9include police or other temporary law enforcement holding
10locations.
11    "Department" means the Department of Juvenile Justice.
12    "Immediate family or household member" means the spouse,
13child, parent, brother, sister, grandparent, or grandchild,
14whether of the whole blood or half blood or by adoption, or a
15person who shares a common dwelling.
16    "Juvenile justice system" means all activities by public
17or private agencies or persons pertaining to youth involved in
18or having contact with the police, courts, or corrections.
19    "Office" means the Office of the Independent Juvenile
20Ombudsman.
21    "Ombudsman" means the Department of Juvenile Justice
22Independent Juvenile Ombudsman.
23    "Youth" means any person committed by court order to the
24custody of the Department of Juvenile Justice or a
25county-operated juvenile detention center, including youth
26released on aftercare before final discharge.

 

 

SB2197 Engrossed- 3 -LRB103 24916 RLC 57099 b

1(Source: P.A. 98-1032, eff. 8-25-14.)
 
2    (730 ILCS 5/3-2.7-20)
3    Sec. 3-2.7-20. Conflicts of interest. A person may not
4serve as Ombudsman or as a deputy if the person or the person's
5immediate family or household member:
6        (1) is or has been employed by the Department of
7    Juvenile Justice, or Department of Corrections, or a
8    county-operated juvenile detention center within one year
9    prior to appointment, other than as Ombudsman or Deputy
10    Ombudsman;
11        (2) participates in the management of a business
12    entity or other organization receiving funds from the
13    Department of Juvenile Justice or a county-operated
14    juvenile detention center;
15        (3) owns or controls, directly or indirectly, any
16    interest in a business entity or other organization
17    receiving funds from the Department of Juvenile Justice or
18    a county-operated juvenile detention center;
19        (4) uses or receives any amount of tangible goods,
20    services, or funds from the Department of Juvenile Justice
21    or a county-operated juvenile detention center, other than
22    as Ombudsman or Deputy Ombudsman; or
23        (5) is required to register as a lobbyist for an
24    organization that interacts with the juvenile justice
25    system.

 

 

SB2197 Engrossed- 4 -LRB103 24916 RLC 57099 b

1(Source: P.A. 98-1032, eff. 8-25-14.)
 
2    (730 ILCS 5/3-2.7-25)
3    Sec. 3-2.7-25. Duties and powers.
4    (a) The Independent Juvenile Ombudsman shall function
5independently within the Department of Juvenile Justice and
6county-operated juvenile detention centers with respect to the
7operations of the Office in performance of his or her duties
8under this Article and shall report to the Governor and to
9local authorities as provided in Section 3-2.7-50. The
10Ombudsman shall adopt rules and standards as may be necessary
11or desirable to carry out his or her duties. Funding for the
12Office shall be designated separately within Department funds
13and shall include funds for operations at county-operated
14juvenile detention centers. The Department shall provide
15necessary administrative services and facilities to the Office
16of the Independent Juvenile Ombudsman. County-operated
17juvenile detention centers shall provide necessary
18administrative services and facilities to the Office of the
19Ombudsman.
20    (b) The Office of Independent Juvenile Ombudsman shall
21have the following duties:
22        (1) review and monitor the implementation of the rules
23    and standards established by the Department of Juvenile
24    Justice and county-operated juvenile detention centers and
25    evaluate the delivery of services to youth to ensure that

 

 

SB2197 Engrossed- 5 -LRB103 24916 RLC 57099 b

1    the rights of youth are fully observed;
2        (2) provide assistance to a youth or family whom the
3    Ombudsman determines is in need of assistance, including
4    advocating with an agency, provider, or other person in
5    the best interests of the youth;
6        (3) investigate and attempt to resolve complaints made
7    by or on behalf of youth, other than complaints alleging
8    criminal behavior or violations of the State Officials and
9    Employees Ethics Act, if the Office determines that the
10    investigation and resolution would further the purpose of
11    the Office, and:
12            (A) a youth committed to the Department of
13        Juvenile Justice or a county-operated juvenile
14        detention center or the youth's family is in need of
15        assistance from the Office; or
16            (B) a systemic issue in the Department of Juvenile
17        Justice's or county-operated juvenile detention
18        center's provision of services is raised by a
19        complaint;
20        (4) review or inspect periodically the facilities and
21    procedures of any county-operated juvenile detention
22    center or any facility in which a youth has been placed by
23    the Department of Juvenile Justice to ensure that the
24    rights of youth are fully observed; and
25        (5) be accessible to and meet confidentially and
26    regularly with youth committed to the Department or a

 

 

SB2197 Engrossed- 6 -LRB103 24916 RLC 57099 b

1    county-operated juvenile detention center and serve as a
2    resource by informing them of pertinent laws, rules, and
3    policies, and their rights thereunder.
4    (c) The following cases shall be reported immediately to
5the Director of Juvenile Justice and the Governor, and for
6cases that arise in county-operated juvenile detention
7centers, to the chief judge of the applicable judicial circuit
8and the Director of the Administrative Office of the Illinois
9Courts:
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 or
14    county-operated juvenile detention center program or
15    operation;
16        (3) serious problems concerning the delivery of
17    services in a county-operated juvenile detention center or
18    a facility operated by or under contract with the
19    Department of Juvenile Justice;
20        (4) interference by the Department of Juvenile Justice
21    or county-operated juvenile detention center with an
22    investigation conducted by the Office; and
23        (5) other cases as deemed necessary by the Ombudsman.
24    (d) Notwithstanding any other provision of law, the
25Ombudsman may not investigate alleged criminal behavior or
26violations of the State Officials and Employees Ethics Act. If

 

 

SB2197 Engrossed- 7 -LRB103 24916 RLC 57099 b

1the Ombudsman determines that a possible criminal act has been
2committed, or that special expertise is required in the
3investigation, he or she shall immediately notify the Illinois
4State Police. If the Ombudsman determines that a possible
5violation of the State Officials and Employees Ethics Act has
6occurred, he or she shall immediately refer the incident to
7the Office of the Governor's Executive Inspector General for
8investigation. If the Ombudsman receives a complaint from a
9youth or third party regarding suspected abuse or neglect of a
10child, the Ombudsman shall refer the incident to the Child
11Abuse and Neglect Hotline or to the Illinois State Police as
12mandated by the Abused and Neglected Child Reporting Act. Any
13investigation conducted by the Ombudsman shall not be
14duplicative and shall be separate from any investigation
15mandated by the Abused and Neglected Child Reporting Act. All
16investigations conducted by the Ombudsman shall be conducted
17in a manner designed to ensure the preservation of evidence
18for possible use in a criminal prosecution.
19    (e) In performance of his or her duties, the Ombudsman
20may:
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

 

 

SB2197 Engrossed- 8 -LRB103 24916 RLC 57099 b

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    (f) To assess if a youth's rights have been violated, the
8Ombudsman may, in any matter that does not involve alleged
9criminal behavior, contact or consult with an administrator,
10employee, youth, parent, expert, or any other individual in
11the course of his or her investigation or to secure
12information as necessary to fulfill his or her duties.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    (730 ILCS 5/3-2.7-30)
15    Sec. 3-2.7-30. Duties of the Department of Juvenile
16Justice or county-operated juvenile detention center.
17    (a) The Department of Juvenile Justice and every
18county-operated juvenile detention center shall allow any
19youth to communicate with the Ombudsman or a deputy at any
20time. The communication:
21        (1) may be in person, by phone, by mail, or by any
22    other means deemed appropriate in light of security
23    concerns; and
24        (2) is confidential and privileged.
25    (b) The Department and county-operated juvenile detention

 

 

SB2197 Engrossed- 9 -LRB103 24916 RLC 57099 b

1centers shall allow the Ombudsman and deputies full and
2unannounced access to youth and Department facilities and
3county-operated juvenile detention centers at any time. The
4Department and county-operated juvenile detention centers
5shall furnish the Ombudsman and deputies with appropriate
6meeting space in each facility in order to preserve
7confidentiality.
8    (c) The Department and county-operated juvenile detention
9centers shall allow the Ombudsman and deputies to participate
10in professional development opportunities provided by the
11Department of Juvenile Justice and county-operated juvenile
12detention centers as practical and to attend appropriate
13professional training when requested by the Ombudsman.
14    (d) The Department and county-operated juvenile detention
15centers shall provide the Ombudsman copies of critical
16incident reports involving a youth residing in a facility
17operated by the Department or a county-operated juvenile
18detention center. Critical incidents include, but are not
19limited to, severe injuries that result in hospitalization,
20suicide attempts that require medical intervention, sexual
21abuse, and escapes.
22    (e) The Department and county-operated juvenile detention
23centers shall provide the Ombudsman with reasonable advance
24notice of all internal administrative and disciplinary
25hearings regarding a youth residing in a facility operated by
26the Department or a county-operated juvenile detention center.

 

 

SB2197 Engrossed- 10 -LRB103 24916 RLC 57099 b

1    (f) The Department of Juvenile Justice and county-operated
2juvenile detention centers may not discharge, demote,
3discipline, or in any manner discriminate or retaliate against
4a youth or an employee who in good faith makes a complaint to
5the Office of the Independent Juvenile Ombudsman or cooperates
6with the Office.
7(Source: P.A. 98-1032, eff. 8-25-14.)
 
8    (730 ILCS 5/3-2.7-35)
9    Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman
10shall provide to the General Assembly and the Governor, no
11later than January 1 of each year, a summary of activities done
12in furtherance of the purpose of the Office for the prior
13fiscal year. The summaries shall contain data both aggregated
14and disaggregated by individual facility and describe:
15        (1) the work of the Ombudsman;
16        (2) the status of any review or investigation
17    undertaken by the Ombudsman, but may not contain any
18    confidential or identifying information concerning the
19    subjects of the reports and investigations; and
20        (3) any recommendations that the Independent Juvenile
21    Ombudsman has relating to a systemic issue in the
22    Department of Juvenile Justice's or a county-operated
23    juvenile detention center's provision of services and any
24    other matters for consideration by the General Assembly
25    and the Governor.

 

 

SB2197 Engrossed- 11 -LRB103 24916 RLC 57099 b

1    With respect to county-operated juvenile detention
2centers, the Ombudsman shall provide data responsive to
3paragraphs (1) through (3) to the chief judge of the
4applicable judicial circuit and to the Director of the
5Administrative Office of the Illinois Courts, and shall make
6the data publicly available.
7(Source: P.A. 98-1032, eff. 8-25-14.)
 
8    (730 ILCS 5/3-2.7-40)
9    Sec. 3-2.7-40. Complaints. The Office of Independent
10Juvenile Ombudsman shall promptly and efficiently act on
11complaints made by or on behalf of youth filed with the Office
12that relate to the operations or staff of the Department of
13Juvenile Justice or a county-operated juvenile detention
14center. The Office shall maintain information about parties to
15the complaint, the subject matter of the complaint, a summary
16of the results of the review or investigation of the
17complaint, including any resolution of or recommendations made
18as a result of the complaint. The Office shall make
19information available describing its procedures for complaint
20investigation and resolution. When applicable, the Office
21shall notify the complaining youth that an investigation and
22resolution may result in or will require disclosure of the
23complaining youth's identity. The Office shall periodically
24notify the complaint parties of the status of the complaint
25until final disposition.

 

 

SB2197 Engrossed- 12 -LRB103 24916 RLC 57099 b

1(Source: P.A. 98-1032, eff. 8-25-14.)
 
2    (730 ILCS 5/3-2.7-50)
3    Sec. 3-2.7-50. Promotion and awareness of Office. The
4Independent Juvenile Ombudsman shall promote awareness among
5the public and youth of:
6        (1) the rights of youth committed to the Department
7    and county-operated juvenile detention centers;
8        (2) the purpose of the Office;
9        (3) how the Office may be contacted;
10        (4) the confidential nature of communications; and
11        (5) the services the Office provides.
12(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
13    (730 ILCS 5/3-2.7-55)
14    Sec. 3-2.7-55. Access to information of governmental
15entities. The Department of Juvenile Justice and
16county-operated juvenile detention centers shall provide the
17Independent Juvenile Ombudsman unrestricted access to all
18master record files of youth under Section 3-5-1 of this Code.
19Access to educational, social, psychological, mental health,
20substance abuse, and medical records shall not be disclosed
21except as provided in Section 5-910 of the Juvenile Court Act
22of 1987, the Mental Health and Developmental Disabilities
23Confidentiality Act, the School Code, and any applicable
24federal laws that govern access to those records.

 

 

SB2197 Engrossed- 13 -LRB103 24916 RLC 57099 b

1(Source: P.A. 98-1032, eff. 8-25-14.)
 
2    Section 99. Effective date. This Act takes effect on
3January 1, 2025.