HB4845 103RD GENERAL ASSEMBLY

LRB103 38401 RLC 68536 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4845

Introduced 2/7/2024, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

See Index

Amends the Unified Code of Corrections. Creates the Department of Corrections Independent Ombudsperson Law. Provides that the Corrections Oversight Committee shall appoint the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. Provides that the Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those departments. Establishes the duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall: (1) monitor and inspect facilities of the Department of Corrections; (2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons; (3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities; (4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and (5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data. Establishes other duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. Provides that all reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees. Effective July 1, 2024.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Article 2.8 to Chapter III as follows:

(730 ILCS 5/Ch. III Art. 2.8 heading new)

ARTICLE 2.8. DEPARTMENT OF CORRECTIONS INDEPENDENT

OMBUDSPERSON

(730 ILCS 5/3-2.8-1 new)

Sec. 3-2.8-1. Short title. This Article may be cited as the Department of Corrections Independent Ombudsperson Law.

(730 ILCS 5/3-2.8-2 new)

Sec. 3-2.8-2. Purpose. The General Assembly finds that to increase transparency and accountability in the State corrections system, an Independent Corrections Ombudsperson's office should be created to investigate complaints, inspect correctional facilities, and recommend improvements in this State's corrections system.

(730 ILCS 5/3-2.8-3 new)

Sec. 3-2.8-3. Appointment of Independent Corrections Ombudsperson. The Corrections Oversight Committee created by the Independent Corrections Oversight Committee Act shall appoint the Independent Corrections Ombudsperson. The Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. The Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those Departments.

(730 ILCS 5/3-2.8-4 new)

Sec. 3-2.8-4. Independent Corrections Ombudsperson's duties.

(a) The Independent Corrections Ombudsperson shall:

(1) monitor and inspect facilities of the Department of Corrections;

(2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons;

(3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities;

(4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and

(5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data.

(b) The Independent Corrections Ombudsperson may:

(1) access and inspect any correctional facility at any time, with or without prior notice to the Department of Corrections or facility officials;

(2) have confidential and privileged interviews with any corrections staff or committed person;

(3) access and review any Department of Corrections documents related to correctional facility operations or complaints received;

(4) establish a telephone hotline and complaint submission forms for committed persons, their family members, and corrections staff to use to submit complaints to the Independent Corrections Ombudsperson via the Internet, submission of a paper form, or submission of the form via a secure, confidential Intranet system inside the correctional facility.

(c) The Department of Corrections must respond in writing within 20 days with a corrective action plan. The Independent Corrections Ombudsperson shall monitor the Department's compliance with corrective action plans issued in response to inspection reports and recommendations.

(d) The Independent Corrections Ombudsperson shall promptly respond to complaints and explain in writing any decisions not to take action. The Independent Corrections Ombudsperson shall treat complaints received as confidential and protect the anonymity of people submitting complaints. The Independent Corrections Ombudsperson shall initiate investigations, on the Independent Corrections Ombudsperson's own or in response to requests from corrections staff or committed persons or their families, relating to correctional facility conditions, abuse, or neglect, Department of Corrections decisions or actions or omissions, policies, rules, or procedures, or alleged legal violations by correctional staff that adversely affect the health, safety, welfare, and rights of committed persons.

(e) The Independent Corrections Ombudsperson shall issue a decision on any investigations to the committed person involved and to the Department of Corrections, with an explanation of its decision and recommendations.

(f) The Independent Corrections Ombudsperson shall request that the Department of Corrections respond to an Ombudsperson decision on an investigation in writing, with an explanation of the Department's action or inaction on the Independent Corrections Ombudsperson's recommendations.

(g) The Independent Corrections Ombudsperson shall report significant committed persons' health, safety, welfare, and rehabilitation issues to the Governor, Attorney General, the Director of Corrections, and the House and Senate Judiciary Committees.

(h) The Department of Corrections, its employees, or contractors may not terminate its employees nor retaliate against any person who submits a complaint to the Independent Corrections Ombudsperson. If the Department of Corrections discharges an employee in retaliation for making complaints to the Independent Corrections Ombudsperson, the terminated employee may seek back-pay in a civil action against the Department.

(i) The Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. All reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees.

(j) The Independent Corrections Ombudsperson may hire staff and unpaid volunteers and contract with experts to help perform the Independent Corrections Ombudsperson's duties.

Section 99. Effective date. This Act takes effect July 1, 2024.