Full Text of SB2197 103rd General Assembly
SB2197eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-2.7-1, 3-2.7-5, 3-2.7-10, 3-2.7-20, | 6 | | 3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55 | 7 | | as follows: | 8 | | (730 ILCS 5/3-2.7-1) | 9 | | Sec. 3-2.7-1. Short title. This Article may be cited as | 10 | | the Department of Juvenile Justice Independent Juvenile | 11 | | 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 | 15 | | create within the Department of Juvenile Justice the Office of | 16 | | Independent Juvenile Ombudsman for the purpose of securing the | 17 | | rights of youth committed to the Department of Juvenile | 18 | | Justice and county-operated juvenile detention centers , | 19 | | including youth released on aftercare before final discharge.
| 20 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 21 | | (730 ILCS 5/3-2.7-10) |
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| 1 | | Sec. 3-2.7-10. Definitions. In this Article, unless the | 2 | | context requires otherwise: | 3 | | "County-operated juvenile detention center" means any | 4 | | residential treatment center as defined in subsection (12.3) | 5 | | of Section 1-3 of the Juvenile Court Act of 1987 and any other | 6 | | facility that detains youth in the juvenile justice system | 7 | | that is specifically designated to detain or incarcerate | 8 | | youth. "County-operated juvenile detention center" does not | 9 | | include police or other temporary law enforcement holding | 10 | | locations. | 11 | | "Department" means the Department of Juvenile Justice. | 12 | | "Immediate family or household member" means the spouse, | 13 | | child, parent, brother, sister, grandparent, or grandchild, | 14 | | whether of the whole blood or half blood or by adoption, or a | 15 | | person who shares a common dwelling. | 16 | | "Juvenile justice system" means all activities by public | 17 | | or private agencies or persons pertaining to youth involved in | 18 | | or having contact with the police, courts, or corrections. | 19 | | "Office" means the Office of the Independent Juvenile | 20 | | Ombudsman. | 21 | | "Ombudsman" means the Department of Juvenile Justice | 22 | | Independent Juvenile Ombudsman. | 23 | | "Youth" means any person committed by court order to the | 24 | | custody of the Department of Juvenile Justice or a | 25 | | county-operated juvenile detention center , including youth | 26 | | released on aftercare before final discharge.
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| 1 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 2 | | (730 ILCS 5/3-2.7-20) | 3 | | Sec. 3-2.7-20. Conflicts of interest. A person may not | 4 | | serve as Ombudsman or as a deputy if the person or the person's | 5 | | immediate family or household member: | 6 | | (1) is or has been employed by the Department of | 7 | | Juvenile Justice , or Department of Corrections , or a | 8 | | county-operated juvenile detention center within one year | 9 | | prior to appointment, other than as Ombudsman or Deputy | 10 | | Ombudsman; | 11 | | (2) participates in the management of a business | 12 | | entity or other organization receiving funds from the | 13 | | Department of Juvenile Justice or a county-operated | 14 | | juvenile detention center ; | 15 | | (3) owns or controls, directly or indirectly, any | 16 | | interest in a business entity or other organization | 17 | | receiving funds from the Department of Juvenile Justice or | 18 | | a county-operated juvenile detention center ; | 19 | | (4) uses or receives any amount of tangible goods, | 20 | | services, or funds from the Department of Juvenile Justice | 21 | | or a county-operated juvenile detention center , other than | 22 | | as Ombudsman or Deputy Ombudsman; or | 23 | | (5) is required to register as a lobbyist for an | 24 | | organization that interacts with the juvenile justice | 25 | | system.
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| 1 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 2 | | (730 ILCS 5/3-2.7-25) | 3 | | Sec. 3-2.7-25. Duties and powers. | 4 | | (a) The Independent Juvenile Ombudsman shall function | 5 | | independently within the Department of Juvenile Justice and | 6 | | county-operated juvenile detention centers with respect to the | 7 | | operations of the Office in performance of his or her duties | 8 | | under this Article and shall report to the Governor and to | 9 | | local authorities as provided in Section 3-2.7-50 . The | 10 | | Ombudsman shall adopt rules and standards as may be
necessary | 11 | | or desirable to carry out his or her duties. Funding
for the | 12 | | Office shall be designated separately within
Department funds | 13 | | and shall include funds for operations at county-operated | 14 | | juvenile detention centers . The Department shall provide | 15 | | necessary administrative services and facilities to the Office | 16 | | of the Independent Juvenile Ombudsman. County-operated | 17 | | juvenile detention centers shall provide necessary | 18 | | administrative services and facilities to the Office of the | 19 | | Ombudsman. | 20 | | (b) The Office of Independent Juvenile Ombudsman shall | 21 | | have
the following duties: | 22 | | (1) review and monitor the implementation of the rules
| 23 | | and standards established by the Department of Juvenile
| 24 | | Justice and county-operated juvenile detention centers and | 25 | | evaluate the delivery of services to youth to
ensure that |
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| 1 | | the rights of youth are fully observed; | 2 | | (2) provide assistance to a youth or family whom the
| 3 | | Ombudsman determines is in need of assistance, including
| 4 | | advocating with an agency, provider, or other person in | 5 | | the
best interests of the youth; | 6 | | (3) investigate and attempt to resolve complaints made | 7 | | by or on behalf of youth, other than
complaints alleging | 8 | | criminal behavior or violations of the State Officials and | 9 | | Employees Ethics Act, if the Office
determines that the | 10 | | investigation and resolution would further the purpose of | 11 | | the Office, and: | 12 | | (A) a youth committed to the Department of | 13 | | Juvenile
Justice or a county-operated juvenile | 14 | | detention center or the youth's family is in need of
| 15 | | assistance from the Office; or | 16 | | (B) a systemic issue in the Department of Juvenile
| 17 | | Justice's or county-operated juvenile detention | 18 | | center's provision of services is raised by a
| 19 | | complaint; | 20 | | (4) review or inspect periodically the facilities and
| 21 | | procedures of any county-operated juvenile detention | 22 | | center or any facility in which a youth has been placed
by | 23 | | the Department of Juvenile Justice to ensure that the
| 24 | | rights of youth are fully observed; and | 25 | | (5) be accessible to and meet confidentially and
| 26 | | regularly with youth committed to the Department or a |
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| 1 | | county-operated juvenile detention center and serve
as a | 2 | | resource by informing them of pertinent laws,
rules, and | 3 | | policies, and their rights thereunder. | 4 | | (c) The following cases shall be reported immediately to
| 5 | | the Director of Juvenile Justice and the Governor , and for | 6 | | cases that arise in county-operated juvenile detention | 7 | | centers, to the chief judge of the applicable judicial circuit | 8 | | and the Director of the Administrative Office of the Illinois | 9 | | Courts : | 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 or | 14 | | county-operated juvenile detention center
program or | 15 | | operation; | 16 | | (3) serious problems concerning the delivery of | 17 | | services in a county-operated juvenile detention center or | 18 | | a facility operated by or under contract with
the | 19 | | Department of Juvenile Justice; | 20 | | (4) interference by the Department of Juvenile Justice | 21 | | or county-operated juvenile detention center
with an | 22 | | investigation conducted by the Office; and | 23 | | (5) other cases as deemed necessary by the Ombudsman. | 24 | | (d) Notwithstanding any other provision of law, the
| 25 | | Ombudsman may not investigate alleged criminal behavior or | 26 | | violations of the State Officials and Employees Ethics Act. If |
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| 1 | | the
Ombudsman determines that a possible criminal act has been
| 2 | | committed, or that special expertise is required in the
| 3 | | investigation, he or she shall immediately notify the
Illinois | 4 | | State Police. If the Ombudsman determines that a possible | 5 | | violation of the State Officials and Employees Ethics Act has | 6 | | occurred, he or she shall immediately refer the incident to | 7 | | the Office of the Governor's Executive Inspector General for | 8 | | investigation. If the Ombudsman receives a complaint from a | 9 | | youth or third party regarding suspected abuse or neglect of a | 10 | | child, the Ombudsman shall refer the incident to the Child | 11 | | Abuse and Neglect Hotline or to the Illinois State Police as | 12 | | mandated by the Abused and Neglected Child Reporting Act. Any | 13 | | investigation conducted by the
Ombudsman shall not be | 14 | | duplicative and shall be separate from
any investigation | 15 | | mandated by the Abused and Neglected Child
Reporting Act.
All | 16 | | investigations conducted by the Ombudsman shall be
conducted | 17 | | in a manner designed to ensure the preservation of
evidence | 18 | | for possible use in a criminal prosecution. | 19 | | (e) In performance of his or her duties, the
Ombudsman | 20 | | may: | 21 | | (1) review court files of youth; | 22 | | (2) recommend policies, rules, and legislation
| 23 | | designed to protect youth; | 24 | | (3) make appropriate referrals under any of the duties
| 25 | | and powers listed in this Section; | 26 | | (4) attend internal administrative and disciplinary |
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| 1 | | hearings to ensure the rights of youth are fully observed
| 2 | | and advocate for the best interest of youth when deemed
| 3 | | necessary; and | 4 | | (5) perform other acts, otherwise permitted or | 5 | | required by law, in furtherance of the purpose of the | 6 | | Office. | 7 | | (f) To assess if a youth's rights have been violated, the
| 8 | | Ombudsman may, in any matter that does not involve alleged
| 9 | | criminal behavior, contact or consult with an administrator,
| 10 | | employee, youth, parent, expert, or any other individual in | 11 | | the
course of his or her investigation or to secure | 12 | | information as
necessary to fulfill his or her duties.
| 13 | | (Source: P.A. 102-538, eff. 8-20-21.) | 14 | | (730 ILCS 5/3-2.7-30) | 15 | | Sec. 3-2.7-30. Duties of the Department of Juvenile | 16 | | Justice or county-operated juvenile detention center . | 17 | | (a) The Department of Juvenile Justice and every | 18 | | county-operated juvenile detention center shall allow any | 19 | | youth to communicate with the Ombudsman or a deputy at any | 20 | | time. The communication: | 21 | | (1) may be in person, by phone, by mail, or by any | 22 | | other means deemed appropriate in light of security | 23 | | concerns; and | 24 | | (2) is confidential and privileged. | 25 | | (b) The Department and county-operated juvenile detention |
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| 1 | | centers shall allow the Ombudsman and deputies full and | 2 | | unannounced access to youth and Department facilities and | 3 | | county-operated juvenile detention centers at any time. The | 4 | | Department and county-operated juvenile detention centers | 5 | | shall furnish the Ombudsman and deputies with appropriate | 6 | | meeting space in each facility in order to preserve | 7 | | confidentiality. | 8 | | (c) The Department and county-operated juvenile detention | 9 | | centers shall allow the Ombudsman and deputies to participate | 10 | | in professional development opportunities provided by the | 11 | | Department of Juvenile Justice and county-operated juvenile | 12 | | detention centers as practical and to attend appropriate | 13 | | professional training when requested by the Ombudsman. | 14 | | (d) The Department and county-operated juvenile detention | 15 | | centers shall provide the Ombudsman copies of critical | 16 | | incident reports involving a youth residing in a facility | 17 | | operated by the Department or a county-operated juvenile | 18 | | detention center . Critical incidents include, but are not | 19 | | limited to, severe injuries that result in hospitalization, | 20 | | suicide attempts that require medical intervention, sexual | 21 | | abuse, and escapes. | 22 | | (e) The Department and county-operated juvenile detention | 23 | | centers shall provide the Ombudsman with reasonable advance | 24 | | notice of all internal administrative and disciplinary | 25 | | hearings regarding a youth residing in a facility operated by | 26 | | the Department or a county-operated juvenile detention center . |
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| 1 | | (f) The Department of Juvenile Justice and county-operated | 2 | | juvenile detention centers may not discharge, demote, | 3 | | discipline, or in any manner discriminate or retaliate against | 4 | | a youth or an employee who in good faith makes a complaint to | 5 | | the Office of the Independent Juvenile Ombudsman or cooperates | 6 | | with the Office.
| 7 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 8 | | (730 ILCS 5/3-2.7-35) | 9 | | Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman | 10 | | shall provide to the General Assembly and the Governor, no | 11 | | later than January 1 of each year, a summary of activities done | 12 | | in furtherance of the purpose of
the Office for the prior | 13 | | fiscal year. The summaries shall contain data both aggregated | 14 | | and disaggregated by individual facility and describe: | 15 | | (1) the work of the Ombudsman; | 16 | | (2) the status of any review or investigation | 17 | | undertaken by
the Ombudsman, but
may not contain any | 18 | | confidential or identifying information
concerning the | 19 | | subjects of the reports and investigations; and | 20 | | (3) any recommendations that the Independent Juvenile
| 21 | | Ombudsman has relating to a systemic issue in the | 22 | | Department of Juvenile Justice's or a county-operated | 23 | | juvenile detention center's provision of services and any
| 24 | | other matters for consideration by the General Assembly | 25 | | and the Governor. |
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| 1 | | With respect to county-operated juvenile detention
| 2 | | centers, the Ombudsman shall provide data responsive to
| 3 | | paragraphs (1) through (3) to the chief judge of the
| 4 | | applicable judicial circuit and to the Director of the | 5 | | Administrative Office of the Illinois Courts, and shall make | 6 | | the data publicly available.
| 7 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 8 | | (730 ILCS 5/3-2.7-40) | 9 | | Sec. 3-2.7-40. Complaints. The Office of Independent | 10 | | Juvenile Ombudsman shall promptly and efficiently act on | 11 | | complaints made by or on behalf of youth filed with the Office | 12 | | that relate to the operations or staff of the Department of | 13 | | Juvenile Justice or a county-operated juvenile detention | 14 | | center . The Office shall maintain information about parties to | 15 | | the complaint, the subject matter of the complaint, a summary | 16 | | of the results of the review or investigation of the | 17 | | complaint, including any resolution of or recommendations made | 18 | | as a result of the complaint. The Office shall make | 19 | | information available describing its procedures for complaint | 20 | | investigation and resolution. When applicable, the Office | 21 | | shall notify the complaining youth that an investigation and | 22 | | resolution may result in or will require disclosure of the | 23 | | complaining youth's identity. The Office shall periodically | 24 | | notify the complaint parties of the status of the complaint | 25 | | until final disposition.
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| 1 | | (Source: P.A. 98-1032, eff. 8-25-14.) | 2 | | (730 ILCS 5/3-2.7-50) | 3 | | Sec. 3-2.7-50. Promotion and awareness of Office. The | 4 | | Independent Juvenile Ombudsman shall promote awareness among | 5 | | the public and youth of: | 6 | | (1) the rights of youth committed to the Department | 7 | | and county-operated juvenile detention centers ; | 8 | | (2) the purpose of the Office; | 9 | | (3) how the Office may be contacted; | 10 | | (4) the confidential nature of communications; and | 11 | | (5) the services the Office provides.
| 12 | | (Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.) | 13 | | (730 ILCS 5/3-2.7-55) | 14 | | Sec. 3-2.7-55. Access to information of governmental | 15 | | entities. The Department of Juvenile Justice and | 16 | | county-operated juvenile detention centers shall provide the | 17 | | Independent Juvenile Ombudsman unrestricted access to all | 18 | | master record files of youth under Section 3-5-1 of this Code. | 19 | | Access to educational, social, psychological, mental health, | 20 | | substance abuse, and medical records shall not be disclosed | 21 | | except as provided in Section 5-910 of the Juvenile Court Act | 22 | | of 1987, the Mental Health and Developmental Disabilities | 23 | | Confidentiality Act, the School Code, and any applicable | 24 | | federal laws that govern access to those records.
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| 1 | | (Source: P.A. 98-1032, eff. 8-25-14.)
| 2 | | Section 99. Effective date. This Act takes effect on | 3 | | January 1, 2025.
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