HB2925ham002 101ST GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 4/10/2019

10100HB2925ham002 LRB101 07519 SLF 59632 a

AMENDMENT TO HOUSE BILL 2925

AMENDMENT NO. ______. Amend House Bill 2925, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by adding Article 2.1 to Chapter III and by changing the heading of Article 2.7 of Chapter III and Sections 3-2.7-1, 3-2.7-5, 3-2.7-10, 3-2.7-15, 3-2.7-20, 3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-45, 3-2.7-50, and 3-2.7-55 as follows:

(730 ILCS 5/Art. Ch. III Art. 2.1 heading new)

ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT

OMBUDSPERSON

(730 ILCS 5/3-2.1-1 new)

Sec. 3-2.1-1. Short title. This Article may be cited as the Department of Corrections Independent Office of the Ombudsperson Law.

(730 ILCS 5/3-2.1-3 new)

Sec. 3-2.1-3. Purpose. The purpose of this Article is to create within the Department of Corrections an Independent Office of the Ombudsperson for the purpose of providing people living in State-run correctional facilities or living under the requirements or mandatory supervised release or parole with a non-adversarial process that will redress and prevent abuse, neglect, violations of law, policy, or best practice at the hands of employees or contractors of the Department.

(730 ILCS 5/3-2.1-5 new)

Sec. 3-2.1-5. Definitions. In this Article, unless context requires otherwise:

"Department" means the Department of Corrections.

"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.

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

"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 Independent Office of the Corrections Ombudsperson.

"Ombudsperson" means the director of the Independent Office of the Corrections Ombudsperson.

"Person" means any person committed by court order to the custody of the Department of Corrections, including people released on mandatory supervised release or parole before final discharge.

(730 ILCS 5/3-2.1-10 new)

Sec. 3-2.1-10. Appointment of Independent Corrections Ombudsperson. The Governor shall appoint the Independent Corrections Ombudsperson with the advice and consent of the Senate for a term of 4 years, with the first term expiring February 1, 2024. 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 criminal justice system, investigations, or civil rights advocacy as evidenced by experience in the field or by academic background.

(730 ILCS 5/3-2.1-15 new)

Sec. 3-2.1-15. 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 or the Department of Corrections within 5 years 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;

(3) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the Department;

(4) uses or receives any amount of tangible goods, services, or funds from the Department, 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 or Department of Corrections system.

(730 ILCS 5/3-2.1-20 new)

Sec. 3-2.1-20. Duties and powers.

(a) The Ombudsperson shall function independently within the Department with respect to the operations of the Office in performance of his or her duties under this Article and shall report to the Governor. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out his or her duties. Funding for the Office shall be 3% of the Department's budget and designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office.

(b) The Office shall have the following duties:

(1) review and monitor the implementation of the rules and standards established by the Department and evaluate the delivery of services;

(2) provide assistance to a person 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 person;

(2.5) develop and disseminate a process through which people in State custody or their family members or representatives can file and track complaints;

(3) review all complaints and investigate and attempt to resolve complaints made by or on behalf of a person, other than complaints alleging violations of the State Officials and Employees Ethics Act and:

(A) a person committed to the Department or the person's family, support system, or representative is in need of assistance from the Office; or

(B) a systemic issue in the Department's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any facility in which a person has been placed by the Department to ensure that each person in State custody is treated fairly and with basic respect, has access to appropriate programs, services, and accommodations and is protected from any violations of law or policy; and

(5) be accessible to and meet confidentially and regularly with a person committed to the Department and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.

(c) The nature of all complaints and recommendations shall be made available on the Ombudsperson website and reported immediately to Director of Corrections, the General Assembly, and the Governor.

(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate 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, he or she shall immediately notify the Department of State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, he or she shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. 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 his or her duties, the Ombudsperson may:

(1) review court files of persons in custody;

(2) recommend policies, rules, and legislation designed to protect persons in custody;

(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 persons in custody are fully observed and advocate for the best interest of those persons when deemed necessary;

(5) request information related to an investigation from any employee or officer of the State and to execute an information sharing agreement;

(6) issue subpoenas to compel the attendance of witnesses for purposes of examination and the production of documents and other items for inspection or duplication;

(7) compel prompt statements from State employees or contractors and reinterview State employees or contractors as necessary; and

(8) perform other acts, otherwise permitted or required by law, in furtherance of the purpose of the Office.

(f) To assess if a person'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, person, expert, or any other individual in the course of his or her investigation or to secure information as necessary to fulfill his or her duties.

(730 ILCS 5/3-2.1-25 new)

Sec. 3-2.1-25. Duties of the Department of Corrections.

(a) The Department shall allow any person 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 shall allow the Ombudsperson and deputies full and unannounced access to persons and Department facilities at any time. The Department shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality.

(c) The Department shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department as practical and to attend appropriate professional training when requested by the Ombudsperson.

(d) The Department shall provide the Ombudsperson copies of critical incident reports involving a person residing in a facility operated by the Department. 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 shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a person residing in a facility operated by the Department.

(f) The Department may not discharge, demote, discipline, or in any manner discriminate or retaliate against a person or an employee who in good faith makes a complaint to the Office or cooperates with the Office.

(730 ILCS 5/3-2.1-30 new)

Sec. 3-2.1-30. Reports. The 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 Ombudsperson has relating to a systemic issue in the Department's provision of services and any other matters for consideration by the General Assembly and the Governor.

(730 ILCS 5/3-2.1-35 new)

Sec. 3-2.1-35. Complaints. The Office shall promptly and efficiently act on complaints made by or on behalf of person filed with the Office that relate to the operations or staff of the Department. 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 person that an investigation and resolution may result in or will require disclosure of the complaining person's identity. The Office shall periodically notify the parties who filed the complaint of the status of the complaint until final disposition.

(730 ILCS 5/3-2.1-40 new)

Sec. 3-2.1-40. 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.

(730 ILCS 5/3-2.1-45 new)

Sec. 3-2.1-45. Promotion and awareness of Office. The Ombudsperson shall promote awareness among the public and persons of:

(1) the rights of persons committed to the Department;

(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.

(730 ILCS 5/3-2.1-50 new)

Sec. 3-2.1-50. Access to information of governmental entities. The Department shall provide the Ombudsperson unrestricted access to all master record files of persons under Section 3-5-1 of this Code. 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.

(730 ILCS 5/Ch. III Art. 2.7 heading)

ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE

INDEPENDENT JUVENILE OMBUDSPERSON OMBUDSMAN

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

(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 Ombudsman Law.

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

(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 Ombudsman for the purpose of providing youth living in State-run correctional facilities or aftercare with a non-adversarial process that will redress and prevent abuse, neglect, violations of law, policy, or best practice at the hands of State employees or contractors securing the rights of youth committed to the Department of Juvenile Justice, including youth released on aftercare before final discharge.

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

(730 ILCS 5/3-2.7-10)

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

"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 Ombudsman.

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

"Youth" means any person committed by court order to the custody of the Department of Juvenile Justice, including youth released on aftercare before final discharge.

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

(730 ILCS 5/3-2.7-15)

Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsperson Ombudsman. The Governor shall appoint the Independent Juvenile Ombudsperson Ombudsman 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 Ombudsman may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal. The Ombudsperson Ombudsman 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 Ombudsman may employ deputies to perform, under the direction of the Ombudsperson Ombudsman, the same duties and exercise the same powers as the Ombudsperson Ombudsman, and may employ other support staff as deemed necessary. The Ombudsperson Ombudsman 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. 98-1032, eff. 8-25-14.)

(730 ILCS 5/3-2.7-20)

Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson Ombudsman 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 or Department of Corrections within 5 years one year prior to appointment, other than as Ombudsperson Ombudsman or Deputy Ombudsperson Ombudsman;

(2) participates in the management of a business entity or other organization receiving funds from the Department of Juvenile Justice;

(3) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the Department of Juvenile Justice;

(4) uses or receives any amount of tangible goods, services, or funds from the Department of Juvenile Justice, other than as Ombudsperson Ombudsman or Deputy Ombudsperson Ombudsman; or

(5) is required to register as a lobbyist for an organization that interacts with the juvenile justice system.

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

(730 ILCS 5/3-2.7-25)

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

(a) The Independent Juvenile Ombudsperson Ombudsman shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of his or her duties under this Article and shall report to the Governor. The Ombudsperson Ombudsman shall adopt rules and standards as may be necessary or desirable to carry out his or her duties. Funding for the Office shall be 3% of the Department's budget and designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson Ombudsman.

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

(1) review and monitor the implementation of the rules and standards established by the Department of Juvenile Justice 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 Ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;

(2.5) develop and disseminate a process through which people in State custody or their family members or representatives can file and track complaints;

(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 the youth's family, support system, or representative is in need of assistance from the Office; or

(B) a systemic issue in the Department of Juvenile Justice's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that each person in State custody is treated fairly and with basic respect, has access to appropriate programs, services, and accommodations and is protected from any violations of law or policy the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and regularly with youth committed to the Department and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.

(c) The nature of all complaints and recommendations following cases shall be made available on the Ombudsperson website and reported immediately to the Director of Juvenile Justice, General Assembly, and the Governor. :

(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 program or operation;

(3) serious problems concerning the delivery of services in a facility operated by or under contract with the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the Ombudsman.

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

(e) In performance of his or her duties, the Ombudsperson Ombudsman 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; .

(6) request information related to an investigation from any employee or officer of the State and to execute an information sharing agreement;

(7) issue subpoenas to compel the attendance of witnesses for purposes of examination and the production of documents and other items for inspection or duplication; and

(8) compel prompt statements from State employees or contractors and reinterview State employees or contractors as necessary.

(f) To assess if a youth's rights have been violated, the Ombudsperson Ombudsman 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 his or her investigation or to secure information as necessary to fulfill his or her duties.

(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)

(730 ILCS 5/3-2.7-30)

Sec. 3-2.7-30. Duties of the Department of Juvenile Justice.

(a) The Department of Juvenile Justice shall allow any youth to communicate with the Ombudsperson Ombudsman 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 shall allow the Ombudsperson Ombudsman and deputies full and unannounced access to youth and Department facilities at any time. The Department shall furnish the Ombudsperson Ombudsman and deputies with appropriate meeting space in each facility in order to preserve confidentiality.

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

(d) The Department shall provide the Ombudsperson Ombudsman copies of critical incident reports involving a youth residing in a facility operated by the Department. 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 shall provide the Ombudsperson Ombudsman with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department.

(f) The Department of Juvenile Justice 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 Ombudsman or cooperates with the Office.

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

(730 ILCS 5/3-2.7-35)

Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson Ombudsman 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 Ombudsman;

(2) the status of any review or investigation undertaken by the Ombudsperson Ombudsman, 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 Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's provision of services and any other matters for consideration by the General Assembly and the Governor.

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

(730 ILCS 5/3-2.7-40)

Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson Ombudsman 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. 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. 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 Ombudsman shall promote awareness among the public and youth of:

(1) the rights of youth committed to the Department;

(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. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)

(730 ILCS 5/3-2.7-55)

Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice shall provide the Independent Juvenile Ombudsperson Ombudsman unrestricted access to all master record files of youth under Section 3-5-1 of this Code. 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. 98-1032, eff. 8-25-14.)

Section 99. Effective date. This Act takes effect upon becoming law.".