Illinois General Assembly - 730 ILCS 5/ Unified Code of Corrections.

(730 ILCS 5/Ch. III Art. 2.7 heading) ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE INDEPENDENT JUVENILE OMBUDSPERSON (Source: P.A. 103-22, eff. 8-8-23.)

(730 ILCS 5/3-2.7-1)

Sec. 3-2.7-1. Short title. This Article may be cited as the Department of Juvenile Justice Independent Juvenile Ombudsperson Law.

(Source: P.A. 103-22, eff. 8-8-23.)

(730 ILCS 5/3-2.7-5)

Sec. 3-2.7-5. Purpose. The purpose of this Article is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice and county-operated juvenile detention centers, including youth released on aftercare before final discharge.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-10)

Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise:

"County-operated juvenile detention center" means any shelter care home or detention home as "shelter" and "detention" are defined in Section 1.1 of the County Shelter Care and Detention Home Act and any other facility that detains youth in the juvenile justice system that is specifically designated to detain or incarcerate youth. "County-operated juvenile detention center" does not include police or other temporary law enforcement holding locations.

"Department" means the Department of Juvenile Justice.

"Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling.

"Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections.

"Office" means the Office of the Independent Juvenile Ombudsperson.

"Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson.

"Youth" means any person committed by court order to the custody of the Department of Juvenile Justice or a county-operated juvenile detention center, including youth released on aftercare before final discharge.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-15)

Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsperson. The Governor shall appoint the Independent Juvenile Ombudsperson with the advice and consent of the Senate for a term of 4 years, with the first term expiring February 1, 2017. A person appointed as Ombudsperson may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal. The Ombudsperson may only be removed by the Governor for incompetency, malfeasance, neglect of duty, or conviction of a felony. If the Senate is not in session or is in recess when an appointment subject to its confirmation is made, the Governor shall make a temporary appointment which shall be subject to subsequent Senate approval. The Ombudsperson may employ deputies to perform, under the direction of the Ombudsperson, the same duties and exercise the same powers as the Ombudsperson, and may employ other support staff as deemed necessary. The Ombudsperson and deputies must:

(1) be over the age of 21 years;

(2) have a bachelor's or advanced degree from an

accredited college or university; and

(3) have relevant expertise in areas such as the

juvenile justice system, investigations, or civil rights advocacy as evidenced by experience in the field or by academic background.

(Source: P.A. 103-22, eff. 8-8-23.)

(730 ILCS 5/3-2.7-20)

Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member:

(1) is or has been employed by the Department of

Juvenile Justice, Department of Corrections, or a county-operated juvenile detention center within one year prior to appointment, other than as Ombudsperson or Deputy Ombudsperson;

(2) participates in the management of a business

entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;

(3) owns or controls, directly or indirectly, any

interest in a business entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;

(4) uses or receives any amount of tangible goods,

services, or funds from the Department of Juvenile Justice or a county-operated juvenile detention center, other than as Ombudsperson or Deputy Ombudsperson; or

(5) is required to register as a lobbyist for an

organization that interacts with the juvenile justice system.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-25)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice and county-operated juvenile detention centers with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds and shall include funds for operations at county-operated juvenile detention centers. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsperson to meet confidentially with youth and otherwise in performance of the Ombudsperson's duties under this Article.

(b) The Office of Independent Juvenile Ombudsperson shall have the following duties:

(1) review and monitor the implementation of the

rules and standards established by the Department of Juvenile Justice and county-operated juvenile detention centers and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the

Ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;

(3) investigate and attempt to resolve complaints

made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:

(A) a youth committed to the Department of

Juvenile Justice or a county-operated juvenile detention center or the youth's family is in need of assistance from the Office; or

(B) a systemic issue in the Department of

Juvenile Justice's or county-operated juvenile detention center's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and

procedures of any county-operated juvenile detention center or any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and

regularly with youth committed to the Department or a county-operated juvenile detention center and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor, and for cases that arise in county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or

serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice or county-operated juvenile detention center program or operation;

(3) serious problems concerning the delivery of

services in a county-operated juvenile detention center or a facility operated by or under contract with the Department of Juvenile Justice;

(4) interference by the Department of Juvenile

Justice or county-operated juvenile detention center with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the

Ombudsperson.

(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(e) In performance of the Ombudsperson's duties, the Ombudsperson may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation

designed to protect youth;

(3) make appropriate referrals under any of the

duties and powers listed in this Section;

(4) attend internal administrative and disciplinary

hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and

(5) perform other acts, otherwise permitted or

required by law, in furtherance of the purpose of the Office.

(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-30)

Sec. 3-2.7-30. Duties of the Department of Juvenile Justice or county-operated juvenile detention center.

(a) The Department of Juvenile Justice and every county-operated juvenile detention center shall allow any youth to communicate with the Ombudsperson or a deputy at any time. The communication:

(1) may be in person, by phone, by mail, or by any

other means deemed appropriate in light of security concerns; and

(2) is confidential and privileged.

(b) The Department and county-operated juvenile detention centers shall allow the Ombudsperson and deputies full and unannounced access to youth and Department facilities and county-operated juvenile detention centers at any time. The Department and county-operated juvenile detention centers shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality.

(c) The Department and county-operated juvenile detention centers shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice and county-operated juvenile detention centers as practical and to attend appropriate professional training when requested by the Ombudsperson.

(d) The Department and county-operated juvenile detention centers shall provide the Ombudsperson copies of critical incident reports involving a youth residing in a facility operated by the Department or a county-operated juvenile detention center. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.

(e) The Department and county-operated juvenile detention centers shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department or a county-operated juvenile detention center.

(f) The Department of Juvenile Justice and county-operated juvenile detention centers may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsperson or cooperates with the Office.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-35)

Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe:

(1) the work of the Ombudsperson;

(2) the status of any review or investigation

undertaken by the Ombudsperson, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and

(3) any recommendations that the Independent Juvenile

Ombudsperson has relating to a systemic issue in the Department of Juvenile Justice's or a county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly and the Governor.

With respect to county-operated juvenile detention centers, the Ombudsperson shall provide data responsive to paragraphs (1) through (3) to the chief judge of the applicable judicial circuit and to the Director of the Administrative Office of the Illinois Courts, and shall make the data publicly available.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-40)

Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice or a county-operated juvenile detention center. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-45)

Sec. 3-2.7-45. Confidentiality. The name, address, or other personally identifiable information of a person who files a complaint with the Office, information generated by the Office related to a complaint or other activities of the Office, and confidential records obtained by the Office are not subject to disclosure under the Freedom of Information Act. The Office shall disclose the records only if required by court order on a showing of good cause.

(Source: P.A. 98-1032, eff. 8-25-14.)

(730 ILCS 5/3-2.7-50)

Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsperson shall promote awareness among the public and youth of:

(1) the rights of youth committed to the Department

and county-operated juvenile detention centers;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)

(730 ILCS 5/3-2.7-55)

Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice and county-operated juvenile detention centers shall provide the Independent Juvenile Ombudsperson unrestricted access to all master record files of youth under Section 3-5-1 of this Code or any other files of youth in the custody of county-operated juvenile detention centers, or both. Access to educational, social, psychological, mental health, substance abuse, and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)