Full Text of HB3887 102nd General Assembly
HB3887 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3887 Introduced 2/22/2021, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that the Department of Corrections Ombudsman Bureau is established as a separate bureau within the Department of Corrections. Provides that the Governor shall appoint a Director of the Bureau within 30 days of the effective date of the amendatory Act. Provides that the Ombudsman may receive, investigate, and attempt to resolve complaints that the Department: (1) violated a specific law, rule, or Department written policy; or (2) endangered the health or safety or any person. Provides that if the Ombudsman discovers evidence that the Ombudsman reasonably believes constitutes the commission of a crime, the Ombudsman immediately shall, if the Ombudsman considers it appropriate, inform the Director of the Department, who shall conduct an investigation. Provides that an Ombudsman shall be given: (1) appropriate access to the records of an offender who files a complaint; and immediate access to any correctional facility administered or supervised by the Department. Amends the Criminal Code of 2012. Creates the offense of obstruction of the Ombudsman. This offense is a Class A misdemeanor. Makes other changes.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 Criminal Code of 2012 is amended by adding | 5 | | Section 31-10 as follows: | 6 | | (720 ILCS 5/31-10 new) | 7 | | Sec. 31-10. Obstruction of the Ombudsman. | 8 | | (a) A person commits obstruction of the Ombudsman when he | 9 | | or she: | 10 | | (1) intentionally interferes with or prevents the | 11 | | completion of the work of the Department of Corrections | 12 | | Independent Ombudsman described in Article Ch. III Art. | 13 | | 2.1 of the Unified Code of Corrections; | 14 | | (2) knowingly offers compensation to the Department of | 15 | | Corrections Independent Ombudsman in an effort to affect | 16 | | the outcome of an investigation or a potential | 17 | | investigation; | 18 | | (3) knowingly or intentionally retaliates against an | 19 | | offender or another person who provides information to the | 20 | | Department of Corrections Independent Ombudsman; or | 21 | | (4) makes threats because of an investigation or | 22 | | potential investigation against: | 23 | | (A) the Department of Corrections Independent |
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| 1 | | Ombudsman; | 2 | | (B) a person who has filed a complaint; or | 3 | | (C) a person who provides information to the | 4 | | Department of Corrections Independent Ombudsman. | 5 | | (b) Sentence. Obstruction of the Ombudsman is a Class A | 6 | | misdemeanor. | 7 | | Section 10. The Unified Code of Corrections is amended by | 8 | | adding Article 2.1 to Chapter III as follows: | 9 | | (730 ILCS 5/Art. Ch. III Art. 2.1 heading new) | 10 | | ARTICLE 2.1. DEPARTMENT OF CORRECTIONS INDEPENDENT OMBUDSMAN | 11 | | (730 ILCS 5/3-2.1-1 new) | 12 | | Sec. 3-2.1-1. Short title. This Article may be cited as | 13 | | the Department of Corrections Independent Ombudsman Law. | 14 | | (730 ILCS 5/3-2.1-5 new) | 15 | | Sec. 3-2.1-5. Definitions. | 16 | | In this Article: | 17 | | "Bureau" means the Department of Corrections Ombudsman | 18 | | Bureau established in this Article including persons | 19 | | approved to act in the capacity of Ombudsman by the | 20 | | Bureau. | 21 | | "Department" means the Department of Corrections. | 22 | | "Ombudsman" means an employee of the Bureau who |
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| 1 | | investigates and resolves complaints that the Department | 2 | | endangered the health and safety of any person or that the | 3 | | Department violated specific laws, rules, or written | 4 | | policies. | 5 | | (730 ILCS 5/3-2.1-10 new) | 6 | | Sec. 3-2.1-10. Department of Corrections Ombudsman Bureau. | 7 | | The Department of Corrections Ombudsman Bureau is established | 8 | | as a separate bureau within the Department. | 9 | | (730 ILCS 5/3-2.1-15 new) | 10 | | Sec. 3-2.1-15. Director of the Bureau; employees. | 11 | | (a) The Governor shall appoint a Director of the Bureau | 12 | | within 30 days of the effective date of this amendatory Act of | 13 | | the 102nd General Assembly. The Governor shall appoint a | 14 | | successor Director within 30 days after a vacancy occurs in | 15 | | the position of the director. The Director shall serve at the | 16 | | pleasure of the Governor. | 17 | | (b) The Director may employ technical experts and other | 18 | | employees to carry out the purposes of this Article. The | 19 | | Director may not hire a person to serve as an Ombudsman who has | 20 | | been employed by the Department during the proceeding year. | 21 | | (c) The Department shall provide and maintain office space | 22 | | for the Bureau. | 23 | | (730 ILCS 5/3-2.1-20 new) |
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| 1 | | Sec. 3-2.1-20. Powers of Ombudsman. | 2 | | (a) The Ombudsman may receive, investigate, and attempt to | 3 | | resolve complaints that the Department: | 4 | | (1) violated a specific law, rule, or Department | 5 | | written policy; or | 6 | | (2) endangered the health or safety or any person. | 7 | | However, the Ombudsman shall not investigate a complaint | 8 | | from an employee of the Department that relates to the | 9 | | employee's employment relationship with the Department. The | 10 | | Ombudsman shall not investigate complaints alleging violations | 11 | | of the State Officials and Employees Ethics Act. If the | 12 | | Ombudsman determines that a possible violation of the State | 13 | | Officials and Employees Ethics Act has occurred, he or she | 14 | | shall immediately refer the incident to the Office of the | 15 | | Inspector General. | 16 | | (b) At the conclusion of an investigation of a complaint, | 17 | | the Ombudsman shall report his or her findings to the | 18 | | complainant. | 19 | | (c) If the Ombudsman does not investigate a complaint, the | 20 | | Ombudsman shall notify the complainant of the decision not to | 21 | | investigate and the reasons for the decision. | 22 | | (d) The Ombudsman shall create a monthly report that | 23 | | includes a summary of the findings of all substantiated | 24 | | complaints. | 25 | | (e) The Ombudsman may conduct investigations of alleged | 26 | | violations of Department policy, State or federal laws, and |
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| 1 | | Department rules at any Department facility. | 2 | | (f) The Ombudsman may recommend changes to the Director of | 3 | | the Department concerning Department policies or practices | 4 | | based upon information learned or observations made by the | 5 | | Ombudsman during the course of an investigation. | 6 | | (g) If the Ombudsman discovers evidence that the Ombudsman | 7 | | reasonably believes constitutes the commission of a crime, the | 8 | | Ombudsman immediately shall, if the Ombudsman considers it | 9 | | appropriate, inform the Director of the Department, who shall | 10 | | conduct an investigation. If, after conducting the | 11 | | investigation, the Director has reasonable suspicion to | 12 | | believe that a crime has been committed, the Director shall: | 13 | | (1) if the crime involves any person who is not an | 14 | | offender, immediately report the crime to an appropriate | 15 | | law enforcement agency; and | 16 | | (2) if no person other than the offender is involved | 17 | | in the crime, immediately report the crime to an | 18 | | appropriate law enforcement agency if the Director | 19 | | believes that the prison disciplinary process is not | 20 | | appropriate. | 21 | | (730 ILCS 5/3-2.1-25 new) | 22 | | Sec. 3-2.1-25. Access to records and facilities. | 23 | | (a) An Ombudsman shall be given: | 24 | | (1) appropriate access to the records of an offender | 25 | | who files a complaint under this Article; and |
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| 1 | | (2) immediate access to any correctional facility | 2 | | administered or supervised by the Department. | 3 | | (b) A State or local government agency or entity that has | 4 | | records that are relevant to a complaint or an investigation | 5 | | conducted by the Ombudsman shall provide the Ombudsman with | 6 | | access to the records. | 7 | | (c) A person is immune from: | 8 | | (1) civil or criminal liability; and | 9 | | (2) actions taken under a professional disciplinary | 10 | | procedure dealing with an employee of the Department. | 11 | | (730 ILCS 5/3-2.1-30 new) | 12 | | Sec. 3-2.1-30. Duties of Ombudsman. | 13 | | (a) The Ombudsman shall: | 14 | | (1) establish procedures to receive and investigate | 15 | | complaints; | 16 | | (2) establish access controls for all information | 17 | | maintained by the Bureau; and | 18 | | (3) except as is necessary to investigate and resolve | 19 | | a complaint, ensure that the identity of a complainant | 20 | | will not be disclosed without: | 21 | | (A) the complainant's written consent; or | 22 | | (B) a court order. | 23 | | (b) The correspondence and communication between the | 24 | | Ombudsman and any person is a privileged communication. |
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| 1 | | (730 ILCS 5/3-2.1-35 new) | 2 | | Sec. 3-2.1-35. Rulemaking, liability. | 3 | | (a) The Bureau may adopt rules to carry out its duties | 4 | | under this Article. | 5 | | (b) The Ombudsman is not civilly liable for the good faith | 6 | | performance of official duties. | 7 | | (730 ILCS 5/3-2.1-40 new) | 8 | | Sec. 3-2.1-40. Reporting. The Director of the Bureau shall | 9 | | prepare a report each year on the operations of the Bureau. A | 10 | | copy of the report shall be provided to: the Governor, the | 11 | | General Assembly, and the Director of the Department.
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INDEX
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Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/31-10 new | | | 4 | | 730 ILCS 5/Art. Ch. III | 5 | | Art. 2.1 heading new | | | 6 | | 730 ILCS 5/3-2.1-1 new | | | 7 | | 730 ILCS 5/3-2.1-5 new | | | 8 | | 730 ILCS 5/3-2.1-10 new | | | 9 | | 730 ILCS 5/3-2.1-15 new | | | 10 | | 730 ILCS 5/3-2.1-20 new | | | 11 | | 730 ILCS 5/3-2.1-25 new | | | 12 | | 730 ILCS 5/3-2.1-30 new | | | 13 | | 730 ILCS 5/3-2.1-35 new | | | 14 | | 730 ILCS 5/3-2.1-40 new | |
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