Illinois General Assembly - Full Text of HB5273
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Full Text of HB5273  102nd General Assembly

HB5273eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5273 EngrossedLRB102 25794 RLC 35128 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 and County Juvenile
11Detention Centers Independent Juvenile Ombudsman 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 and
16county-operated juvenile detention centers the Office of
17Independent Juvenile Ombudsman for the purpose of securing the
18rights of youth committed to the Department of Juvenile
19Justice or a county-operated juvenile detention center,
20including youth released on aftercare before final discharge.
21(Source: P.A. 98-1032, eff. 8-25-14.)
 

 

 

HB5273 Engrossed- 2 -LRB102 25794 RLC 35128 b

1    (730 ILCS 5/3-2.7-10)
2    Sec. 3-2.7-10. Definitions. In this Article, unless the
3context requires otherwise:
4    "County-operated juvenile detention center" means any
5facility as defined in subsection (12.3) of Section 1-3 of the
6Juvenile Court Act of 1987 as a residential treatment center
7or any other facility that detains youth in the juvenile
8justice system.
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
15or private agencies or persons pertaining to youth involved in
16or having contact with the police, courts, or corrections.
17    "Office" means the Office of the Independent Juvenile
18Ombudsman.
19    "Ombudsman" means the Department of Juvenile Justice and
20county-operated juvenile detention centers Independent
21Juvenile Ombudsman.
22    "Youth" means any person committed by court order to the
23custody of the Department of Juvenile Justice or a
24county-operated juvenile detention center, including youth
25released on aftercare before final discharge.
26(Source: P.A. 98-1032, eff. 8-25-14.)
 

 

 

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

 

 

HB5273 Engrossed- 4 -LRB102 25794 RLC 35128 b

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

 

 

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

 

 

HB5273 Engrossed- 6 -LRB102 25794 RLC 35128 b

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

 

 

HB5273 Engrossed- 7 -LRB102 25794 RLC 35128 b

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

 

 

HB5273 Engrossed- 8 -LRB102 25794 RLC 35128 b

1    Office.
2    (f) To assess if a youth's rights have been violated, the
3Ombudsman may, in any matter that does not involve alleged
4criminal behavior, contact or consult with an administrator,
5employee, youth, parent, expert, or any other individual in
6the course of his or her investigation or to secure
7information as necessary to fulfill his or her duties.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (730 ILCS 5/3-2.7-30)
10    Sec. 3-2.7-30. Duties of the Department of Juvenile
11Justice or county-operated juvenile detention centers.
12    (a) The Department of Juvenile Justice or county-operated
13juvenile detention centers shall allow any youth to
14communicate with the Ombudsman or a deputy at any time. The
15communication:
16        (1) may be in person, by phone, by mail, or by any
17    other means deemed appropriate in light of security
18    concerns; and
19        (2) is confidential and privileged.
20    (b) The Department and county-operated juvenile detention
21centers shall allow the Ombudsman and deputies full and
22unannounced access to youth and Department facilities and
23county-operated juvenile detention centers at any time. The
24Department and county-operated juvenile detention centers
25shall furnish the Ombudsman and deputies with appropriate

 

 

HB5273 Engrossed- 9 -LRB102 25794 RLC 35128 b

1meeting space in each facility in order to preserve
2confidentiality.
3    (c) The Department and county-operated juvenile detention
4centers shall allow the Ombudsman and deputies to participate
5in professional development opportunities provided by the
6Department of Juvenile Justice and county-operated juvenile
7detention centersas practical and to attend appropriate
8professional training when requested by the Ombudsman.
9    (d) The Department and county-operated juvenile detention
10centers shall provide the Ombudsman copies of critical
11incident reports involving a youth residing in a facility
12operated by the Department and county-operated juvenile
13detention centers. Critical incidents include, but are not
14limited to, severe injuries that result in hospitalization,
15suicide attempts that require medical intervention, sexual
16abuse, and escapes.
17    (e) The Department and county-operated juvenile detention
18centers shall provide the Ombudsman with reasonable advance
19notice of all internal administrative and disciplinary
20hearings regarding a youth residing in a facility operated by
21the Department and county-operated juvenile detention centers.
22    (f) The Department of Juvenile Justice and county-operated
23juvenile detention centers may not discharge, demote,
24discipline, or in any manner discriminate or retaliate against
25a youth or an employee who in good faith makes a complaint to
26the Office of the Independent Juvenile Ombudsman or cooperates

 

 

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

 

 

HB5273 Engrossed- 11 -LRB102 25794 RLC 35128 b

1is located. The commission shall at a minimum be comprised of
2the chief judge, the State's Attorney, the Public Defender, a
3correctional administrator, and an advocate for justice system
4impacted families and individuals. To the extent that any
5county-operated juvenile detention center provides services to
6counties beyond the one in which it is located, the
7Independent Juvenile Ombudsman shall also provide a copy of
8the data described in paragraphs (1) through (3) to the county
9boards of the counties where the center is not located.
10(Source: P.A. 98-1032, eff. 8-25-14.)
 
11    (730 ILCS 5/3-2.7-40)
12    Sec. 3-2.7-40. Complaints. The Office of Independent
13Juvenile Ombudsman shall promptly and efficiently act on
14complaints made by or on behalf of youth filed with the Office
15that relate to the operations or staff of the Department of
16Juvenile Justice or county-operated juvenile detention
17centers. The Office shall maintain information about parties
18to the complaint, the subject matter of the complaint, a
19summary of the results of the review or investigation of the
20complaint, including any resolution of or recommendations made
21as a result of the complaint. The Office shall make
22information available describing its procedures for complaint
23investigation and resolution. When applicable, the Office
24shall notify the complaining youth that an investigation and
25resolution may result in or will require disclosure of the

 

 

HB5273 Engrossed- 12 -LRB102 25794 RLC 35128 b

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

 

 

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1of 1987, the Mental Health and Developmental Disabilities
2Confidentiality Act, the School Code, and any applicable
3federal laws that govern access to those records.
4(Source: P.A. 98-1032, eff. 8-25-14.)