Bill Text: IL HB5855 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Creates the Correctional Oversight Board to monitor, study, and make efforts to improve the transparency, fairness, impartiality, and accountability in State correctional institutions and facilities and to appoint the Ombudsman. Establishes the composition and appointment of the Board. Provides that no current employee of the Department of Corrections shall be appointed to or serve on the Board. Provides that the Ombudsman shall be responsible for the contemporaneous public oversight of internal affairs and the disciplinary process of the Department of Corrections. Provides that the Ombudsman may provide oversight of any Department investigation relating to the well-being, treatment, discipline, safety, or any other matter concerning committed persons or persons under parole or mandatory supervised release as needed, including personnel investigations. Creates the offense of obstructing an investigation by the Correctional Ombudsman. Provides that a violation is a Class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5855 Detail]

Download: Illinois-2017-HB5855-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5855

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:
730 ILCS 5/Art. Ch. III Art. 2.1 heading new
730 ILCS 5/3-2.1-1 new
730 ILCS 5/3-2.1-5 new
730 ILCS 5/3-2.1-10 new
730 ILCS 5/3-2.1-15 new
730 ILCS 5/3-2.1-20 new
730 ILCS 5/3-2.1-25 new
730 ILCS 5/3-2.1-30 new
730 ILCS 5/3-2.1-35 new

Amends the Unified Code of Corrections. Creates the Correctional Oversight Board to monitor, study, and make efforts to improve the transparency, fairness, impartiality, and accountability in State correctional institutions and facilities and to appoint the Ombudsman. Establishes the composition and appointment of the Board. Provides that no current employee of the Department of Corrections shall be appointed to or serve on the Board. Provides that the Ombudsman shall be responsible for the contemporaneous public oversight of internal affairs and the disciplinary process of the Department of Corrections. Provides that the Ombudsman may provide oversight of any Department investigation relating to the well-being, treatment, discipline, safety, or any other matter concerning committed persons or persons under parole or mandatory supervised release as needed, including personnel investigations. Creates the offense of obstructing an investigation by the Correctional Ombudsman. Provides that a violation is a Class A misdemeanor.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB5855LRB100 21442 RLC 38049 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
5adding Article 2.1 of Chapter III as follows:
6 (730 ILCS 5/Art. Ch. III Art. 2.1 heading new)
7
ARTICLE 2.1. OFFICE OF THE CORRECTIONAL OMBUDSMAN LAW
8 (730 ILCS 5/3-2.1-1 new)
9 Sec. 3-2.1-1. Short title. This Article may be cited as the
10Office of Correctional Ombudsman Law.
11 (730 ILCS 5/3-2.1-5 new)
12 Sec. 3-2.1-5. Definitions. As used in this Article:
13 "Department" means the Department of Corrections.
14 "Director" means the Director of Corrections.
15 "Ombudsman" means the Office of the Correctional Ombudsman
16established in Section 3-2.1-10 of this Code.
17 "Oversight Board" means the Correctional Oversight Board
18established in Section 3-2.1-15 of this Code.
19 (730 ILCS 5/3-2.1-10 new)
20 Sec. 3-2.1-10. Ombudsman; appointment; organization.

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1 (a) In order to achieve transparency, fairness,
2impartiality, and accountability in State correctional
3facilities, there is created an independent Office of the
4Correctional Ombudsman within the Executive Branch of State
5government. The Ombudsman shall report to the Correctional
6Oversight Board established in Section 3-2.1-15 of this
7Article.
8 (b) Following the initial appointment of the members of the
9Correctional Oversight Board established under Section
103-2.1-15 of this Article, the Oversight Board shall promptly
11nominate a full-time Ombudsman and notify the Governor of the
12nomination. Nothing in this subsection (b) shall prohibit the
13Oversight Board from appointing an interim Ombudsman if there
14is a vacancy.
15 (c) The Governor, within 30 days after receiving written
16notice of any nomination of an Ombudsman made under subsection
17(b) of this Section, may approve or disapprove the nomination.
18If the Governor approves the nomination, or fails to act on the
19nomination within the 30-day period, the nominee shall
20immediately commence his or her term as Ombudsman. If, within
21that 30-day period, the Governor serves upon the chair of the
22Oversight Board a written notice disapproving the nomination,
23the nominee shall not be authorized to serve as Ombudsman,
24except that the Oversight Board may authorize an interim
25Ombudsman appointed under subsection (b) of this Section to
26serve or continue to serve as interim Ombudsman until the time

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1an Ombudsman is approved, or not timely disapproved, by the
2Governor. Following any disapproval, the Oversight Board shall
3have 60 days to submit another nominee, although the period may
4be extended, upon request of the Oversight Board, by the
5Governor. A person appointed as interim Ombudsman may exercise
6all of the powers available to the Ombudsman.
7 (d) The Ombudsman must not have worked for the Department
8within the last 10 years and may not hold any public office or
9other employment. The Ombudsman shall serve a 6-year term and
10may only be removed for good cause shown, after notice and an
11opportunity to be heard, by a vote of two-thirds or more of the
1212 members of the Oversight Board.
13 (730 ILCS 5/3-2.1-15 new)
14 Sec. 3-2.1-15. Correctional Oversight Board.
15 (a) There is created the Correctional Oversight Board. The
16purpose of the Oversight Board shall be to monitor, study, and
17make efforts to improve the transparency, fairness,
18impartiality, and accountability in State correctional
19institutions and facilities and to appoint the Ombudsman. No
20current employee of the Department shall be appointed to or
21serve on the Oversight Board. The Oversight Board shall consist
22of 12 members who shall be appointed as follows:
23 (1) one shall be the Executive Inspector General;
24 (2) 4 shall be appointed by the Governor by and with
25 the advice and consent of the Senate;

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1 (3) 2 shall be appointed by the Governor from a list of
2 at least 6 nominees submitted by non-profit agencies
3 working in the fields of re-entry or prisoner advocacy;
4 (4) one shall be appointed by the Governor and shall be
5 a former committed person of a Department institution or
6 facility;
7 (5) one shall be appointed by the Governor and shall be
8 a former employee of the Department who is no longer in
9 State service;
10 (6) one shall be an attorney appointed by the Governor
11 from a list of at least 4 nominees submitted by a statewide
12 bar association;
13 (7) one shall be a medical professional appointed by
14 the Governor; and
15 (8) one shall be a mental health professional who works
16 with an organization providing legal representation for
17 persons with special needs appointed by the Governor.
18 (b) All members of the Oversight Board shall be appointed
19for terms of 3 years with the terms to commence on August 1,
20and expire July 31, provided that the Executive Inspector
21General shall serve ex officio. Initial appointments must be
22made within 60 days after the effective date of this amendatory
23Act of the 100th General Assembly. Any member chosen to fill a
24vacancy created otherwise than by expiration of term shall be
25appointed for the unexpired term of the member whom he or she
26is to succeed. Vacancies caused by expiration of a term or

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1otherwise shall be filled promptly and in the same manner as
2original appointments. Any member may be reappointed for
3additional terms. A member of the Oversight Board shall
4continue in the position upon the expiration of his or her term
5until the time as he or she is reappointed or his or her
6successor is appointed, as the case may be.
7 (c) Membership on the Oversight Board shall not constitute
8the holding of an office, and members of the Oversight Board
9shall not be required to take and file oaths of office before
10serving on the Oversight Board. The Oversight Board shall not
11have the right to exercise any portion of the sovereign power
12of the State.
13 (d) The Oversight Board shall meet at least 2 times each
14year. The first meeting of the Oversight Board shall be held
15within 30 days of the appointment of the full Oversight Board
16or within 60 days after the effective date of this amendatory
17Act of the 100th General Assembly, whichever occurs earlier.
18Special meetings may be called by the chair and shall be called
19by the chair upon the request of at least 5 members of the
20Oversight Board. The Oversight Board may establish its own
21procedures with respect to the conduct of its meetings and
22other affairs.
23 (e) The members of the Oversight Board shall receive no
24compensation for their services but shall be allowed their
25actual and necessary expenses incurred in the performance of
26their functions under this Article.

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1 (f) A member of the Oversight Board may not be disqualified
2from holding any public office or employment outside of the
3Department, nor shall he or she forfeit any office or
4employment, by reason of his or her appointment under this
5Section.
6 (g) The Oversight Board shall make recommendations to the
7Ombudsman for the improvement of the Department's policies and
8consult with and advise the Office of the Correctional
9Ombudsman in carrying out the duties and responsibilities of
10the Office. The Ombudsman shall report to the Oversight Board
11fully on the activities of the Office and shall seek Oversight
12Board approval on all major decisions or policy changes,
13including any standards or protocols adopted by the Ombudsman
14for the inspection and monitoring of correctional facilities or
15the resolution of complaints received by the Office.
16 (h) Each member of the Oversight Board shall tour a
17correctional facility with the Ombudsman at least annually.
18 (730 ILCS 5/3-2.1-20 new)
19 Sec. 3-2.1-20. Powers of the Ombudsman.
20 (a) The Ombudsman may hire and retain counsel to provide
21confidential advice or to represent the Ombudsman if the
22Attorney General has a conflict in representing the Ombudsman
23in any litigation.
24 (b) The Office of the Ombudsman shall not be located in the
25same building or buildings as the Department but shall be

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1wholly independent of the Department except that the Department
2shall provide it with office space, equipment, and furnishings
3within any Department facility as needed to carry out its
4functions and duties.
5 (c) The Ombudsman may appoint the assistants, officers,
6investigators, monitors, employees, and consultants as he or
7she shall determine necessary, prescribe their duties and
8powers, provide them with appropriate training, fix their
9compensation, and provide for reimbursement of their expenses
10within the amounts appropriated for that purpose, except that
11the Ombudsman shall not hire any person known to be directly or
12indirectly involved in an open internal affairs investigation
13conducted by any federal, State, or local agency or who is a
14named defendant in a pending federal or State lawsuit or
15criminal proceeding relating to his or her prior work for a
16State, local, or federal correctional or law enforcement
17agency. The Ombudsman may appoint a representative to carry out
18any of his or her duties under this Article, except that the
19Ombudsman must attend meetings with the Correctional Oversight
20Board.
21 (d) The Ombudsman may create, abolish, transfer, and
22consolidate bureaus and other units within the Office as he or
23she may determine necessary for the efficient operation of the
24Office, subject to the approval of the Director of the
25Governor's Office of Management and Budget.
26 (e) The Ombudsman may request and shall receive from any

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1Department, division, bureau, commission, or any other agency
2of the State or political subdivision of this State or any
3public authority the assistance, information, and data as will
4enable the Office to carry out its functions, powers, and
5duties.
6 (f) The Ombudsman shall be responsible for the
7contemporaneous public oversight of internal affairs and the
8disciplinary process of the Department. The Ombudsman shall
9have discretion to provide oversight of any Department
10investigation relating to the well-being, treatment,
11discipline, safety, or any other matter concerning committed
12persons or persons under parole or mandatory supervised release
13as needed, including personnel investigations.
14 (g) The Ombudsman may review specific policies, practices,
15programs, and procedures of the Department that raise a
16significant correctional issue relevant to the well-being,
17treatment, discipline, safety, rehabilitation, or any other
18matter concerning committed persons or persons under parole or
19mandatory supervised release. The Ombudsman may inspect,
20investigate, or examine all aspects of the Department's
21operations and conditions, including, but not limited to, staff
22recruitment, training, supervision, use of force, and
23discipline; committed person deaths, medical care, and mental
24health care; committed person violence and conditions of
25confinement; committed person disciplinary process, grievance
26process, and substance-abuse treatment; and committed person

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1educational, vocational, and other programming and re-entry
2planning. During the course of a review the Ombudsman shall
3identify areas of full and partial compliance or noncompliance
4with Department policies and procedures, specify deficiencies
5in the completion and documentation of processes, and recommend
6corrective actions, including, but not limited to, additional
7training, additional policies, or changes in policies, as well
8as any other findings or recommendations he or she deems
9appropriate.
10 (h) The Ombudsman may place the members of his or her staff
11as he or she deems appropriate as monitors in any correctional
12facility which, in the judgment of the Ombudsman, presents an
13imminent danger to the health, safety, or security of committed
14persons or employees of the correctional facility or the
15public.
16 (i) The Ombudsman shall accept, with the approval of the
17Governor, as agent of the State any grant, including federal
18grants, or any gift for any of the purposes of this Article.
19Any moneys so received may be expended by the Ombudsman to
20effectuate any purpose of this Article, subject to the same
21limitations as to approval of expenditures and audit as are
22prescribed for State moneys appropriated for the purposes of
23this Article.
24 (j) The Ombudsman may enter into contracts with any person,
25firm, corporation, municipality, or governmental agency.
26 (k) The Ombudsman shall adopt, amend, or rescind rules in

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1accordance with the Illinois Administrative Procedure Act, as
2may be necessary or convenient to the performance of the
3functions, powers, and duties of the Office.
4 (l) The Ombudsman shall do all other things necessary or
5convenient to carry out its functions, powers, and duties
6expressly set forth in this Article.
7 (m) If exigent circumstances of unsafe or life threatening
8situations arise involving committed persons, staff, persons
9on parole or mandatory supervised release, or other persons,
10the Ombudsman shall notify the Governor, President of the
11Senate, and Speaker of the House of Representatives and
12commence an immediate review of the circumstances. Upon
13completion of the review, the Ombudsman shall prepare a
14complete written report which shall be disclosed with the
15underlying materials that the Ombudsman deems appropriate to
16the Director, the requesting entity, and any appropriate law
17enforcement agency.
18 (n)(1) The Ombudsman shall interview and review all
19candidates for appointment to serve as the chief administrative
20officer of any State correctional institution or facility. The
21Director shall submit the names of the candidates to the
22Ombudsman who shall review the candidates' qualifications and
23employ confidential procedures to evaluate the qualifications
24of each candidate with regard to his or her ability to
25discharge the duties of the office to which he or she is being
26appointed. Within 90 days of the submission of a candidate's

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1name, the Ombudsman shall confidentially advise the Director as
2to whether the candidate is well-qualified, qualified, or not
3qualified and the reasons for that assessment and may report,
4in confidence, any other information that the Ombudsman deems
5pertinent to the qualification of the candidate. The Ombudsman
6shall establish and adopt rules and procedures regarding the
7review of candidates for the position of chief administrative
8officer and for maintaining the confidentiality of any
9interviews, documents, or other information relied upon in his
10or her review. All the information shall be privileged and not
11subject to disclosure.
12 (2) If the Director appoints a chief administrative officer
13whom the Ombudsman found was not qualified, the Ombudsman shall
14make public that finding after due notice to the appointee. Any
15candidate found to be not qualified by the Ombudsman shall have
16the right to withdraw from consideration before the Ombudsman
17makes the public finding and in that case the finding shall not
18be published. The notice and public finding shall not
19constitute a waiver of privilege or breach of confidentiality
20concerning the Ombudsman's review of the appointee's
21qualifications under this Section.
22 (o) Notwithstanding any law to the contrary, the Ombudsman
23shall periodically, but not less than every 3 years, conduct
24inspections of each correctional institution or facility and
25shall periodically review delivery of medical and mental health
26care at each correctional institution or facility. The

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1Ombudsman shall issue a public report on each correctional
2institution or facility at least every 3 years. The Ombudsman
3need not notify the Department before commencing the inspection
4or review.
5 (p) All records, correspondence, videotapes, audiotapes,
6photographs, notes, electronic communications, books,
7memoranda, papers, or other documents or objects used as
8evidence to support a completed review or investigation must be
9retained for 3 years after a report is issued unless handed
10over to a law enforcement agency for criminal investigation. No
11documents or evidence shall be destroyed pending the completion
12of an investigation or review. The documents or evidence shall
13be publicly available unless confidential and not subject to
14disclosure under the Freedom of Information Act or by court
15order.
16 (q) Notwithstanding any other provision of law, the
17Ombudsman shall have complete access and authority to examine
18and reproduce any and all past and current books, accounts,
19reports, medical and mental health records, vouchers,
20correspondence files, computer files, computer data bases,
21documents, video and audio tape recordings, statistics and
22performance based outcome measures, and any and all other past
23and current records and to examine the bank accounts, money, or
24property of the Department. Any State office or agency or a
25political subdivision of this State or other public entity, or
26employee or officer of that entity possessing the records or

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1property, shall permit access to, and examination and
2reproduction of the records, consistent with the provisions of
3this Article, upon the request the Ombudsman or his or her
4designee. Access, examination, and reproduction of the records
5consistent with this Section shall not result in waiver of any
6confidentiality or privilege regarding any records or
7property.
8 (r) The Ombudsman may require any State employee to be
9interviewed on a confidential basis. The employee must comply
10with the request to be interviewed and must be given time off
11from his or her employment for the purposes of attending the
12interview and may be accompanied by counsel acting on his or
13her behalf. The Ombudsman may also conduct a confidential
14interview of any committed person or other person upon consent.
15 (s) The Ombudsman may enter anywhere on the grounds of any
16Department institution or facility or office for the purposes
17of observation, inspection, and investigation and shall have
18unfettered access to all areas of the Department and any
19institution or facility at any time.
20 (t) The Ombudsman may cause the body of a deceased
21committed person to undergo the examinations, including an
22autopsy, as he or she deems necessary to determine the cause of
23death, irrespective of whether the examination or autopsy shall
24have been previously performed.
25 (u)(1) In the exercise of his or her functions, powers, and
26duties, the Ombudsman and any attorney employed by the Office

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1may issue and enforce a subpoena and a subpoena duces tecum,
2administer oaths, and examine persons under oath. A person
3examined under oath under this paragraph shall have the right
4to be accompanied by counsel who shall advise the person of his
5or her rights subject to reasonable limitations to prevent
6obstruction of, or interference with, the orderly conduct of
7the examination. Notwithstanding any other provision of law, a
8subpoena may be issued and enforced under this paragraph for
9the medical records of a committed person of a correctional
10institution or facility, regardless of whether the medical
11records were made during the course of the committed person's
12incarceration.
13 (2) In any case in which a person in charge or control of a
14correctional institution or facility or an officer or employee
15of the correctional institution or facility shall fail to
16comply with the provisions of paragraph (1) of this subsection
17(u), or in any case in which a coroner, coroner's physician, or
18medical examiner shall fail to comply with Section 3-3013 of
19the Counties Code, the Ombudsman may apply to the Supreme Court
20for a judgment of mandamus directed to the person requiring
21compliance with the provisions of paragraph (1) of this
22subsection (u) or Section 3-3013 of the Counties Code. Upon
23application, the Court may issue the judgment as may be just
24and a failure to comply with the judgment of the Court shall be
25a contempt of court and punishable as contempt.
26 (v) The Ombudsman shall not be compelled to testify or

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1release records without a court order that are otherwise exempt
2from public disclosure, including documents pertaining to any
3investigation that has not been completed or any identifying
4information, personal papers, or correspondence with any
5person who has requested assistance from the Office unless that
6person consents in writing to the release of the information,
7papers, or correspondence.
8 (w) The Ombudsman may hold public hearings.
9 (730 ILCS 5/3-2.1-25 new)
10 Sec. 3-2.1-25. Additional functions, powers, and duties of
11the Office of the Ombudsman.
12 (a) The Office may receive communications from any person
13who believes he or she may have information that may describe
14improper governmental activities or wrongdoing within the
15Department. Committed person mail to and from the Ombudsman
16shall be treated in the same manner as legal mail and may not
17be restricted by the Department, the Department of Human
18Services, or any other entity.
19 (b) The Ombudsman shall establish a toll-free telephone
20number for the purpose of identifying any alleged wrongdoing by
21an employee of the Department. This telephone number shall be
22posted by the Department in clear view of employees, committed
23persons, and the public, and committed persons shall be
24permitted to call the number during normal hours for telephone
25usage or within 24 hours of admission to a special housing unit

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1or other unit with restricted telephone access. Telephone calls
2made to the toll-free number from a correctional institution or
3facility shall not be recorded by the Department and are
4protected confidential communications. The Ombudsman shall
5also maintain a website with a complaint form that may be
6filled out online and shall also accept complaints by mail or
7other means alleging wrongdoing by an employee of the
8Department. When requested, the Ombudsman shall initiate a
9review of any alleged wrongdoing which may result in an
10investigation of the alleged wrongdoing at the Ombudsman's
11discretion.
12 (c) At the conclusion of an investigation of a complaint,
13the Ombudsman shall report his or her findings to the
14complainant and any person designated to receive the findings
15by the complainant. If the Ombudsman does not investigate a
16complaint, he or she shall notify the complainant and the other
17person of the decision not to investigate and the reasons for
18the decision. If the complainant is deceased at the time of the
19completion of an investigation, the Ombudsman shall report his
20or her findings to the complainant's next of kin when the
21person is known to the Ombudsman or to the Department.
22 (d) The Ombudsman may act informally to resolve a
23complaint, including providing referrals or information to
24complainants, expediting individual matters, mediating, or
25providing other assistance.
26 (e) All identifying information and any personal records or

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1correspondence from any person who initiated the review of the
2alleged wrongdoing shall be confidential unless the person
3consents to disclosure in writing.
4 (f) If the Ombudsman believes that an allegation of
5criminal misconduct has been made by a complainant, he or she
6shall report the allegation to the appropriate law enforcement
7agency.
8 (g) Upon receiving a complaint of retaliation for
9complaining to or cooperating with the Ombudsman, the Ombudsman
10shall commence an inquiry into the complaint and conduct a
11formal investigation. If the Ombudsman finds that a complaint
12of retaliation is founded as a result of an investigation, he
13or she shall so notify the Department and make recommendations
14for corrective action to be taken by the Department. The
15Ombudsman shall make the results and supporting evidence of its
16formal investigation available to the Department of Human
17Rights should an employee file a retaliation complaint with the
18agency and consent to the disclosure in writing.
19 (h) To facilitate oversight, the Office shall be
20immediately notified by the Department of all unusual and
21significant incidents including, but not limited to, riots or
22fights involving multiple combatants, staff use of force,
23committed person deaths, serious physical assaults on
24employees or committed persons, work stoppages, and escapes and
25shall be given monthly aggregated reports of unusual incidents
26and committed person grievances by the Department. Employees of

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1the Office shall be permitted to be present in any Department
2internal investigation or inquiry. The Office shall be
3responsible for reporting the unusual and significant
4incidents and the outcome of its investigations into the
5incidents to the public no less than quarterly.
6 (i)(1) The Ombudsman shall annually prepare a public report
7and summary of all investigations and reviews, including a list
8of significant problems discovered by the Office, whether or
9not the recommendations made by the Office have been
10implemented, and a list of the Office's high priorities for the
11following year. The Ombudsman shall submit the report to the
12Governor, the President of the Senate, and Speaker of the House
13of Representatives by December 31 of each year. The report
14shall be posted in electronic form on the Office's public
15website. The Ombudsman shall be authorized to redact portions
16of the report in a manner consistent with the Freedom of
17Information Act or if disclosure is otherwise prohibited by
18law.
19 (2) Upon review of the cause of death and circumstances
20surrounding the death of any committed person in a correctional
21institution or facility, the Ombudsman shall submit its report
22on that issue to the Governor, the Speaker of the House of
23Representatives, the President of the Senate, the chairperson
24of the House of Representatives Government Transparency
25Committee, the House of Representatives Judiciary II
26Committee, the chairperson of the Senate Criminal Law

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1Committee, and the Director, and, if appropriate, make
2recommendations to prevent the recurrence of the deaths. The
3reports shall be published on the Office's website and shall
4otherwise be made available to the public.
5 (3) The Ombudsman shall make an annual report to the
6Governor, the Speaker of the House of Representatives, the
7President of the Senate, the chairperson of the House of
8Representatives Judiciary II Committee, and the chairperson of
9the Senate Criminal Law Committee on the condition of systems
10for the delivery of medical care to committed persons of
11correctional facilities and, if appropriate, recommend changes
12as it shall deem necessary and proper to improve the quality
13and availability of the medical care. The report shall be
14published on the Office's website and shall otherwise be made
15available to the public.
16 (4) All public reports by the Ombudsman shall not disclose
17information if prohibited by law.
18 (730 ILCS 5/3-2.1-30 new)
19 Sec. 3-2.1-30. Additional duties of the Department.
20 (a) State employees operating within a correctional
21institution or facility must cooperate fully and promptly with
22the Ombudsman.
23 (b) The Department shall respond in writing to any
24recommendations made by the Ombudsman or his or her designee
25within 45 days and shall state with specificity its reasons for

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1failing to act on the recommendation. The writings shall be
2made public by the Ombudsman, except that information that
3would reveal confidential material that may not be released
4under federal or State law shall be redacted by the Ombudsman
5from any report or recommendation.
6 (c) The Director shall immediately report to the Ombudsman
7the death of a committed person of any institution or facility
8in any manner and form as the Ombudsman shall prescribe and
9shall provide him or her with an autopsy report when available.
10 (730 ILCS 5/3-2.1-35 new)
11 Sec. 3-2.1-35. Obstructing an investigation by the
12Correctional Ombudsman.
13 (a) A person commits obstructing an investigation by the
14Correctional Ombudsman when, with intent to obstruct or impede
15an inquiry or investigation by the Correctional Ombudsman
16appointed under Section 3-2.1-10 of this Code, he or she
17knowingly destroys or knowingly fails to permit access to,
18examination of, or reproduction by the Office of the
19Correctional Ombudsman, of any book, account, bank account
20information, report, voucher, correspondence or correspondence
21file, computer file, computer data base, document, video or
22audio recording, statistic or performance based outcome
23measure, money, property, or any other record of the Department
24lawfully requested by the Correctional Ombudsman.
25 (b) Sentence. Obstructing an investigation by the

HB5855- 21 -LRB100 21442 RLC 38049 b
1Correctional Ombudsman is a Class A misdemeanor.
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