Illinois General Assembly - Full Text of SB2352
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Full Text of SB2352  98th General Assembly


Rep. Kelly M. Cassidy

Filed: 11/4/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 2352 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5adding Article 2.7 of Chapter III as follows:
6    (730 ILCS 5/Ch. III Art. 2.7 heading new)

9    (730 ILCS 5/3-2.7-1 new)
10    Sec. 3-2.7-1. Short title. This Article may be cited as the
11Department of Juvenile Justice Independent Juvenile Ombudsman
13    (730 ILCS 5/3-2.7-5 new)
14    Sec. 3-2.7-5. Purpose. The purpose of this Article is to



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1create within the Department of Juvenile Justice the Office of
2Independent Juvenile Ombudsman for the purpose of securing the
3rights of youth committed to the Department of Juvenile
4Justice, including youth released on aftercare before final
6    (730 ILCS 5/3-2.7-10 new)
7    Sec. 3-2.7-10. Definitions. In this Article, unless the
8context requires otherwise:
9    "Department" means the Department of Juvenile Justice.
10    "Immediate family or household member" means the spouse,
11child, parent, brother, sister, grandparent, or grandchild,
12whether of the whole blood or half blood or by adoption, or a
13person who shares a common dwelling.
14    "Juvenile justice system" means all activities by public or
15private agencies or persons pertaining to youth involved in or
16having contact with the police, courts, or corrections.
17    "Office" means the Office of the Independent Juvenile
19    "Ombudsman" means the Department of Juvenile Justice
20Independent Juvenile Ombudsman.
21    "Youth" means any person committed by court order to the
22custody of the Department of Juvenile Justice, including youth
23released on aftercare before final discharge.
24    (730 ILCS 5/3-2.7-15 new)



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1    Sec. 3-2.7-15. Appointment of Independent Juvenile
2Ombudsman. The Governor shall appoint the Independent Juvenile
3Ombudsman with the advice and consent of the Senate for a term
4of 4 years, with the first term expiring February 1, 2017. A
5person appointed as Ombudsman may be reappointed to one or more
6subsequent terms. A vacancy shall occur upon resignation,
7death, or removal. The Ombudsman may only be removed by the
8Governor for incompetency, malfeasance, neglect of duty, or
9conviction of a felony. If the Senate is not in session or is
10in recess when an appointment subject to its confirmation is
11made, the Governor shall make a temporary appointment which
12shall be subject to subsequent Senate approval. The Ombudsman
13may employ deputies to perform, under the direction of the
14Ombudsman, the same duties and exercise the same powers as the
15Ombudsman, and may employ other support staff as deemed
16necessary. The Ombudsman and deputies must:
17    (1) be over the age of 21 years;
18    (2) have a bachelor's or advanced degree from an accredited
19college or university; and
20    (3) have relevant expertise in areas such as the juvenile
21justice system, investigations, or civil rights advocacy as
22evidenced by experience in the field or by academic background.
24    (730 ILCS 5/3-2.7-20 new)
25    Sec. 3-2.7-20. Conflicts of interest. A person may not



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1serve as Ombudsman or as a deputy if the person or the person's
2immediate family or household member:
3    (1) is or has been employed by the Department of Juvenile
4Justice or Department of Corrections within one year prior to
5appointment, other than as Ombudsman or Deputy Ombudsman;
6    (2) participates in the management of a business entity or
7other organization receiving funds from the Department of
8Juvenile Justice;
9    (3) owns or controls, directly or indirectly, any interest
10in a business entity or other organization receiving funds from
11the Department of Juvenile Justice;
12    (4) uses or receives any amount of tangible goods,
13services, or funds from the Department of Juvenile Justice,
14other than as Ombudsman or Deputy Ombudsman; or
15    (5) is required to register as a lobbyist for an
16organization that interacts with the juvenile justice system.
17    (730 ILCS 5/3-2.7-25 new)
18    Sec. 3-2.7-25. Duties and powers.
19    (a) The Independent Juvenile Ombudsman shall function
20independently within the Department of Juvenile Justice with
21respect to the operations of the Office in performance of his
22or her duties under this Article and shall report to the
23Governor. The Ombudsman shall adopt rules and standards as may
24be necessary or desirable to carry out his or her duties.
25Funding for the Office shall be designated separately within



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1Department funds. The Department shall provide necessary
2administrative services and facilities to the Office of the
3Independent Juvenile Ombudsman.
4    (b) The Office of Independent Juvenile Ombudsman shall have
5the following duties:
6        (1) review and monitor the implementation of the rules
7    and standards established by the Department of Juvenile
8    Justice and evaluate the delivery of services to youth to
9    ensure that the rights of youth are fully observed;
10        (2) provide assistance to a youth or family who the
11    Ombudsman determines is in need of assistance, including
12    advocating with an agency, provider, or other person in the
13    best interests of the youth;
14        (3) investigate and attempt to resolve complaints made
15    by or on behalf of youth, other than complaints alleging
16    criminal behavior or violations of the State Officials and
17    Employee Ethics Act, if the Office determines that the
18    investigation and resolution would further the purpose of
19    the Office, and:
20            (A) a youth committed to the Department of Juvenile
21        Justice or the youth's family is in need of assistance
22        from the Office; or
23            (B) a systemic issue in the Department of Juvenile
24        Justice's provision of services is raised by a
25        complaint;
26        (4) review or inspect periodically the facilities and



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1    procedures of any facility in which a youth has been placed
2    by the Department of Juvenile Justice to ensure that the
3    rights of youth are fully observed; and
4        (5) be accessible to and meet confidentially and
5    regularly with youth committed to the Department and serve
6    as a resource by informing them of pertinent laws, rules,
7    and policies, and their rights thereunder.
8    (c) The following cases shall be reported immediately to
9the Director of Juvenile Justice and the Governor:
10        (1) cases of severe abuse or injury of a youth;
11        (2) serious misconduct, misfeasance, malfeasance, or
12    serious violations of policies and procedures concerning
13    the administration of a Department of Juvenile Justice
14    program or operation;
15        (3) serious problems concerning the delivery of
16    services in a facility operated by or under contract with
17    the Department of Juvenile Justice;
18        (4) interference by the Department of Juvenile Justice
19    with an investigation conducted by the Office; and
20        (5) other cases as deemed necessary by the Ombudsman.
21    (d) Notwithstanding any other provision of law, the
22Ombudsman may not investigate alleged criminal behavior or
23violations of the State Officials and Employees Ethics Act. If
24the Ombudsman determines that a possible criminal act has been
25committed, or that special expertise is required in the
26investigation, he or she shall immediately notify the



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1Department of State Police. If the Ombudsman determines that a
2possible violation of the State Officials and Employees Ethics
3Act has occurred, he or she shall immediately refer the
4incident to the Office of the Governor's Executive Inspector
5General for investigation. If the Ombudsman receives a
6complaint from a youth or third party regarding suspected abuse
7or neglect of a child, the Ombudsman shall refer the incident
8to the Child Abuse and Neglect Hotline or to the State Police
9as mandated by the Abused and Neglected Child Reporting Act.
10Any investigation conducted by the Ombudsman shall not be
11duplicative and shall be separate from any investigation
12mandated by the Abused and Neglected Child Reporting Act. All
13investigations conducted by the Ombudsman shall be conducted in
14a manner designed to ensure the preservation of evidence for
15possible use in a criminal prosecution.
16    (e) In performance of his or her duties, the Ombudsman may:
17        (1) review court files of youth;
18        (2) recommend policies, rules, and legislation
19    designed to protect youth;
20        (3) make appropriate referrals under any of the duties
21    and powers listed in this Section;
22        (4) attend internal administrative and disciplinary
23    hearings to ensure the rights of youth are fully observed
24    and advocate for the best interest of youth when deemed
25    necessary; and
26        (5) perform other acts, otherwise permitted or



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1    required by law, in furtherance of the purpose of the
2    Office.
3    (f) To assess if a youth's rights have been violated, the
4Ombudsman may, in any matter that does not involve alleged
5criminal behavior, contact or consult with an administrator,
6employee, youth, parent, expert, or any other individual in the
7course of his or her investigation or to secure information as
8necessary to fulfill his or her duties.
9    (730 ILCS 5/3-2.7-30 new)
10    Sec. 3-2.7-30. Duties of the Department of Juvenile
12    (a) The Department of Juvenile Justice shall allow any
13youth to communicate with the Ombudsman or a deputy at any
14time. The communication:
15        (1) may be in person, by phone, by mail, or by any
16    other means deemed appropriate in light of security
17    concerns; and
18        (2) is confidential and privileged.
19    (b) The Department shall allow the Ombudsman and deputies
20full and unannounced access to youth and Department facilities
21at any time. The Department shall furnish the Ombudsman and
22deputies with appropriate meeting space in each facility in
23order to preserve confidentiality.
24    (c) The Department shall allow the Ombudsman and deputies
25to participate in professional development opportunities



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1provided by the Department of Juvenile Justice as practical and
2to attend appropriate professional training when requested by
3the Ombudsman.
4    (d) The Department shall provide the Ombudsman copies of
5critical incident reports involving a youth residing in a
6facility operated by the Department. Critical incidents
7include, but are not limited to, severe injuries that result in
8hospitalization, suicide attempts that require medical
9intervention, sexual abuse, and escapes.
10    (e) The Department shall provide the Ombudsman with
11reasonable advance notice of all internal administrative and
12disciplinary hearings regarding a youth residing in a facility
13operated by the Department.
14    (f) The Department of Juvenile Justice may not discharge,
15demote, discipline, or in any manner discriminate or retaliate
16against a youth or an employee who in good faith makes a
17complaint to the Office of the Independent Juvenile Ombudsman
18or cooperates with the Office.
19    (730 ILCS 5/3-2.7-35 new)
20    Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman
21shall provide to the General Assembly and the Governor, no
22later than January 1 of each year, a summary of activities done
23in furtherance of the purpose of the Office for the prior
24fiscal year. The summaries shall contain data both aggregated
25and disaggregated by individual facility and describe:



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1    (1) the work of the Ombudsman;
2    (2) the status of any review or investigation undertaken by
3the Ombudsman, but may not contain any confidential or
4identifying information concerning the subjects of the reports
5and investigations; and
6    (3) any recommendations that the Independent Juvenile
7Ombudsman has relating to a systemic issue in the Department of
8Juvenile Justice's provision of services and any other matters
9for consideration by the General Assembly and the Governor.
10    (730 ILCS 5/3-2.7-40 new)
11    Sec. 3-2.7-40. Complaints. The Office of Independent
12Juvenile Ombudsman shall promptly and efficiently act on
13complaints made by or on behalf of youth filed with the Office
14that relate to the operations or staff of the Department of
15Juvenile Justice. The Office shall maintain information about
16parties to the complaint, the subject matter of the complaint,
17a summary of the results of the review or investigation of the
18complaint, including any resolution of or recommendations made
19as a result of the complaint. The Office shall make information
20available describing its procedures for complaint
21investigation and resolution. When applicable, the Office
22shall notify the complaining youth that an investigation and
23resolution may result in or will require disclosure of the
24complaining youth's identity. The Office shall periodically
25notify the complaint parties of the status of the complaint



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1until final disposition.
2    (730 ILCS 5/3-2.7-45 new)
3    Sec. 3-2.7-45. Confidentiality. The name, address, or
4other personally identifiable information of a person who files
5a complaint with the Office, information generated by the
6Office related to a complaint or other activities of the
7Office, and confidential records obtained by the Office are not
8subject to disclosure under the Freedom of Information Act. The
9Office shall disclose the records only if required by court
10order on a showing of good cause.
11    (730 ILCS 5/3-2.7-50 new)
12    Sec. 3-2.7-50. Promotion and Awareness of Office. The
13Independent Juvenile Ombudsman shall promote awareness among
14the public and youth of:
15    (1) the rights of youth committed to the Department;
16    (2) purpose of the Office;
17    (3) how the Office may be contacted;
18    (4) the confidential nature of communications; and
19    (5) the services the Office provides.
20    (730 ILCS 5/3-2.7-55 new)
21    Sec. 3-2.7-55. Access to information of governmental
22entities. The Department of Juvenile Justice shall provide the
23Independent Juvenile Ombudsman unrestricted access to all



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1master record files of youth under Section 3-5-1 of this Code.
2Access to educational, social, psychological, mental health,
3substance abuse, and medical records shall not be disclosed
4except as provided in Section 5-910 of the Juvenile Court Act
5of 1987, the Mental Health and Developmental Disabilities
6Confidentiality Act, the School Code, and any applicable
7federal laws that govern access to those records.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".