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
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||||||||||||||||
5 | adding Article 2.1 of Chapter III as follows:
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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 | ||||||||||||||||||||||||||||||||||||||||
10 | Office of Correctional Ombudsman Law.
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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 | ||||||||||||||||||||||||||||||||||||||||
16 | established in Section 3-2.1-10 of this Code. | ||||||||||||||||||||||||||||||||||||||||
17 | "Oversight Board" means the
Correctional Oversight Board | ||||||||||||||||||||||||||||||||||||||||
18 | established in Section 3-2.1-15 of this Code.
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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, | ||||||
2 | impartiality, and accountability in
State correctional | ||||||
3 | facilities, there is created an independent Office
of the | ||||||
4 | Correctional Ombudsman within the Executive Branch of State | ||||||
5 | government. The
Ombudsman shall report to the Correctional | ||||||
6 | Oversight Board established
in Section 3-2.1-15 of this | ||||||
7 | Article. | ||||||
8 | (b) Following the initial appointment of the members of the | ||||||
9 | Correctional Oversight Board established under Section | ||||||
10 | 3-2.1-15 of this Article, the Oversight Board shall promptly | ||||||
11 | nominate a full-time Ombudsman and notify the Governor of the | ||||||
12 | nomination. Nothing in this subsection (b) shall
prohibit the | ||||||
13 | Oversight Board from appointing an interim Ombudsman if there | ||||||
14 | is a
vacancy. | ||||||
15 | (c) The Governor, within 30 days after receiving written | ||||||
16 | notice of
any nomination of an Ombudsman made under subsection | ||||||
17 | (b) of this Section, may approve or disapprove the nomination. | ||||||
18 | If the Governor
approves the nomination, or fails to act on the | ||||||
19 | nomination within the
30-day period, the nominee shall | ||||||
20 | immediately commence his or her term
as Ombudsman. If, within | ||||||
21 | that 30-day period, the Governor serves
upon the chair of the | ||||||
22 | Oversight Board a written notice disapproving the nomination, | ||||||
23 | the nominee shall not be authorized to serve as Ombudsman, | ||||||
24 | except that the Oversight Board may authorize an interim | ||||||
25 | Ombudsman
appointed under subsection (b) of this Section to | ||||||
26 | serve or
continue to serve as interim Ombudsman until the time |
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1 | an Ombudsman
is approved, or not timely disapproved, by the | ||||||
2 | Governor. Following any
disapproval, the Oversight Board shall | ||||||
3 | have 60 days to submit another nominee,
although the period may | ||||||
4 | be extended, upon request of the Oversight Board, by the
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5 | Governor. A person appointed as interim Ombudsman may exercise | ||||||
6 | all of
the powers available to the Ombudsman. | ||||||
7 | (d) The Ombudsman must not have worked for the Department | ||||||
8 | within the
last 10 years and may not hold any public office or | ||||||
9 | other employment.
The Ombudsman shall serve a 6-year term and | ||||||
10 | may only be removed for
good cause shown, after notice and an | ||||||
11 | opportunity to be heard, by a vote of two-thirds or more of the | ||||||
12 | 12 members of the Oversight Board.
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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 | ||||||
16 | purpose of the Oversight Board shall be to monitor, study, and
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17 | make efforts to improve the transparency, fairness, | ||||||
18 | impartiality, and
accountability in State correctional | ||||||
19 | institutions and facilities and to appoint the
Ombudsman. No | ||||||
20 | current employee of the Department shall be appointed to
or | ||||||
21 | serve on the Oversight Board. The Oversight Board shall consist | ||||||
22 | of 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 | ||||||
19 | for terms of 3
years with the terms to commence on August 1, | ||||||
20 | and expire July 31, provided that the Executive Inspector | ||||||
21 | General shall serve ex
officio. Initial appointments must be | ||||||
22 | made within 60 days after the
effective date of this amendatory | ||||||
23 | Act of the 100th General Assembly. Any member chosen to fill a | ||||||
24 | vacancy
created otherwise than by expiration of term shall be | ||||||
25 | appointed for the
unexpired term of the member whom he or she | ||||||
26 | is to succeed. Vacancies
caused by expiration of a term or |
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1 | otherwise shall be filled promptly and
in the same manner as | ||||||
2 | original appointments. Any member may be reappointed for | ||||||
3 | additional terms. A member of the Oversight Board shall | ||||||
4 | continue in
the position upon the expiration of his or her term | ||||||
5 | until the time as
he or she is reappointed or his or her | ||||||
6 | successor is appointed, as the
case may be. | ||||||
7 | (c) Membership on the Oversight Board shall not constitute | ||||||
8 | the holding of an
office, and members of the Oversight Board | ||||||
9 | shall not be required to take and file
oaths of office before | ||||||
10 | serving on the Oversight Board. The Oversight Board shall not | ||||||
11 | have
the right to exercise any portion of the sovereign power | ||||||
12 | of the State. | ||||||
13 | (d) The Oversight Board shall meet at least 2 times each | ||||||
14 | year. The first
meeting of the Oversight Board shall be held | ||||||
15 | within 30 days of the appointment
of the full Oversight Board | ||||||
16 | or within 60 days after the effective date of this
amendatory | ||||||
17 | Act of the 100th General Assembly, whichever occurs earlier. | ||||||
18 | Special meetings may be called by
the chair and shall be called | ||||||
19 | by the chair upon the request of at least
5 members of the | ||||||
20 | Oversight Board. The Oversight Board may establish its own | ||||||
21 | procedures
with respect to the conduct of its meetings and | ||||||
22 | other affairs. | ||||||
23 | (e) The members of the Oversight Board shall receive no | ||||||
24 | compensation for their
services but shall be allowed their | ||||||
25 | actual and necessary expenses
incurred in the performance of | ||||||
26 | their functions under this Article. |
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1 | (f) A member of the Oversight Board may not be disqualified | ||||||
2 | from holding any
public office or employment outside of the | ||||||
3 | Department, nor shall he or
she forfeit any office or | ||||||
4 | employment, by reason of his or her
appointment under this | ||||||
5 | Section. | ||||||
6 | (g) The Oversight Board shall make recommendations to the | ||||||
7 | Ombudsman for the
improvement of the Department's policies and | ||||||
8 | consult with and advise the
Office of the Correctional | ||||||
9 | Ombudsman in carrying out the duties and
responsibilities of | ||||||
10 | the Office. The Ombudsman shall report to the
Oversight Board | ||||||
11 | fully on the activities of the Office and shall seek Oversight | ||||||
12 | Board
approval on all major decisions or policy changes, | ||||||
13 | including any standards or protocols adopted by the Ombudsman | ||||||
14 | for the inspection and monitoring of correctional facilities or | ||||||
15 | the resolution of complaints
received by the Office. | ||||||
16 | (h) Each member of the Oversight Board shall tour a | ||||||
17 | correctional facility with
the Ombudsman at least annually.
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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 | ||||||
21 | confidential advice or
to represent the Ombudsman if the | ||||||
22 | Attorney General has a conflict in
representing the Ombudsman | ||||||
23 | in any litigation. | ||||||
24 | (b) The Office of the Ombudsman shall not be located in the | ||||||
25 | same building or buildings as the Department but shall be |
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1 | wholly independent of
the Department except that the Department | ||||||
2 | shall provide it with office
space, equipment, and furnishings | ||||||
3 | within any Department facility as needed to carry out its | ||||||
4 | functions and duties. | ||||||
5 | (c) The Ombudsman may appoint the assistants, officers, | ||||||
6 | investigators,
monitors, employees, and consultants as he or | ||||||
7 | she shall determine necessary, prescribe their duties and | ||||||
8 | powers, provide them with appropriate
training, fix their | ||||||
9 | compensation, and provide for reimbursement of their
expenses | ||||||
10 | within the amounts appropriated for that purpose, except that | ||||||
11 | the
Ombudsman shall not hire any person known to be directly or | ||||||
12 | indirectly
involved in an open internal affairs investigation | ||||||
13 | conducted by any
federal, State, or local agency or who is a | ||||||
14 | named defendant in a pending
federal or State lawsuit or | ||||||
15 | criminal proceeding relating to his or her
prior work for a | ||||||
16 | State, local, or federal correctional or law enforcement
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17 | agency. The Ombudsman may appoint a representative to carry out | ||||||
18 | any of
his or her duties under this Article, except that the | ||||||
19 | Ombudsman must
attend meetings with the Correctional Oversight | ||||||
20 | Board. | ||||||
21 | (d) The Ombudsman may create, abolish, transfer, and | ||||||
22 | consolidate bureaus
and other units within the Office as he or | ||||||
23 | she may determine necessary
for the efficient operation of the | ||||||
24 | Office, subject to the approval of
the Director of the | ||||||
25 | Governor's Office of Management and Budget. | ||||||
26 | (e) The Ombudsman may request and shall receive from any |
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1 | Department,
division, bureau, commission, or any other agency | ||||||
2 | of the State or political subdivision of this State or any | ||||||
3 | public authority the assistance,
information, and data as will | ||||||
4 | enable the Office to carry out its functions, powers, and | ||||||
5 | duties. | ||||||
6 | (f) The Ombudsman shall be responsible for the | ||||||
7 | contemporaneous public
oversight of internal affairs and the | ||||||
8 | disciplinary process of the
Department. The Ombudsman
shall | ||||||
9 | have discretion to provide oversight of any Department | ||||||
10 | investigation relating to the well-being, treatment, | ||||||
11 | discipline, safety, or any
other matter concerning committed | ||||||
12 | persons or persons under parole or mandatory supervised release
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13 | as needed, including personnel investigations. | ||||||
14 | (g) The Ombudsman may review specific policies, practices, | ||||||
15 | programs, and
procedures of the Department that raise a | ||||||
16 | significant correctional issue
relevant to the well-being, | ||||||
17 | treatment, discipline, safety, rehabilitation, or any other | ||||||
18 | matter concerning committed persons or persons under parole or | ||||||
19 | mandatory supervised release. The Ombudsman may inspect, | ||||||
20 | investigate, or
examine all aspects of the Department's | ||||||
21 | operations and conditions,
including, but not limited to, staff | ||||||
22 | recruitment, training, supervision,
use of force, and | ||||||
23 | discipline; committed person deaths, medical care, and mental | ||||||
24 | health care;
committed person violence and conditions of | ||||||
25 | confinement; committed person disciplinary process,
grievance | ||||||
26 | process, and substance-abuse treatment; and committed person |
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1 | educational, vocational, and other programming and re-entry | ||||||
2 | planning. During the course of
a review the Ombudsman shall | ||||||
3 | identify areas of full and partial compliance or noncompliance | ||||||
4 | with Department policies and procedures, specify
deficiencies | ||||||
5 | in the completion and documentation of processes, and recommend | ||||||
6 | corrective actions, including, but not limited to, additional
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7 | training, additional policies, or changes in policies, as well | ||||||
8 | as any
other findings or recommendations he or she deems | ||||||
9 | appropriate. | ||||||
10 | (h) The Ombudsman may place the members of his or her staff | ||||||
11 | as he or
she deems appropriate as monitors in any correctional | ||||||
12 | facility which, in
the judgment of the Ombudsman, presents an | ||||||
13 | imminent danger to the health,
safety, or security of committed | ||||||
14 | persons or employees of the correctional facility
or the | ||||||
15 | public. | ||||||
16 | (i) The Ombudsman shall accept, with the approval of the | ||||||
17 | Governor, as
agent of the State any grant, including federal | ||||||
18 | grants, or any gift for
any of the purposes of this Article. | ||||||
19 | Any moneys so received may be
expended by the Ombudsman to | ||||||
20 | effectuate any purpose of this Article,
subject to the same | ||||||
21 | limitations as to approval of expenditures and audit
as are | ||||||
22 | prescribed for State moneys appropriated for the purposes of | ||||||
23 | this
Article. | ||||||
24 | (j) The Ombudsman may enter into contracts with any person, | ||||||
25 | firm,
corporation, municipality, or governmental agency. | ||||||
26 | (k) The Ombudsman shall adopt, amend, or rescind rules in |
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1 | accordance with the Illinois Administrative Procedure Act, as | ||||||
2 | may be necessary or
convenient to the performance of the | ||||||
3 | functions, powers, and duties of the
Office. | ||||||
4 | (l) The Ombudsman shall do all other things necessary or | ||||||
5 | convenient to
carry out its functions, powers, and duties | ||||||
6 | expressly set forth in this
Article. | ||||||
7 | (m) If exigent circumstances of unsafe or life threatening | ||||||
8 | situations arise involving committed persons, staff, persons | ||||||
9 | on parole or mandatory supervised release,
or other persons, | ||||||
10 | the Ombudsman shall notify the Governor, President of the | ||||||
11 | Senate, and Speaker of the House of Representatives and | ||||||
12 | commence an
immediate review of the circumstances. Upon | ||||||
13 | completion of the review, the
Ombudsman shall prepare a | ||||||
14 | complete written report which shall be
disclosed with the | ||||||
15 | underlying materials that the Ombudsman deems appropriate to | ||||||
16 | the Director, the requesting entity, and any appropriate
law | ||||||
17 | enforcement agency. | ||||||
18 | (n)(1) The Ombudsman shall interview and review all | ||||||
19 | candidates for
appointment to serve as the chief administrative | ||||||
20 | officer of any State correctional
institution or facility. The | ||||||
21 | Director shall submit the names of the candidates to
the | ||||||
22 | Ombudsman who shall review the candidates' qualifications and
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23 | employ confidential procedures to evaluate the qualifications | ||||||
24 | of each
candidate with regard to his or her ability to | ||||||
25 | discharge the duties of
the office to which he or she is being | ||||||
26 | appointed. Within 90 days of
the submission of a candidate's |
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1 | name, the Ombudsman shall confidentially
advise the Director as | ||||||
2 | to whether the candidate is well-qualified,
qualified, or not | ||||||
3 | qualified and the reasons for that assessment and may report, | ||||||
4 | in
confidence, any other information that the Ombudsman deems | ||||||
5 | pertinent to
the qualification of the candidate. The Ombudsman | ||||||
6 | shall establish and
adopt rules and procedures regarding the | ||||||
7 | review of candidates for the
position of chief administrative | ||||||
8 | officer and for maintaining the confidentiality of
any | ||||||
9 | interviews, documents, or other information relied upon in his | ||||||
10 | or her
review. All the information shall be privileged and not | ||||||
11 | subject to
disclosure. | ||||||
12 | (2) If the Director appoints a chief administrative officer | ||||||
13 | whom the Ombudsman
found was not qualified, the Ombudsman shall | ||||||
14 | make public that finding
after due notice to the appointee. Any | ||||||
15 | candidate found to be not qualified by the Ombudsman shall have | ||||||
16 | the right to withdraw from consideration before the Ombudsman | ||||||
17 | makes the public finding and in that case
the finding shall not | ||||||
18 | be published. The notice and public finding
shall not | ||||||
19 | constitute a waiver of privilege or breach of confidentiality
| ||||||
20 | concerning the Ombudsman's review of the appointee's | ||||||
21 | qualifications
under this Section. | ||||||
22 | (o) Notwithstanding any law to the contrary, the Ombudsman | ||||||
23 | shall
periodically, but not less than every 3 years, conduct | ||||||
24 | inspections
of each correctional institution or facility and | ||||||
25 | shall periodically review delivery of
medical and mental health | ||||||
26 | care at each correctional institution or facility. The
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1 | Ombudsman shall issue a public report on each correctional | ||||||
2 | institution or facility at
least every 3 years. The Ombudsman | ||||||
3 | need not notify the Department
before commencing the inspection | ||||||
4 | or review. | ||||||
5 | (p) All records, correspondence, videotapes, audiotapes, | ||||||
6 | photographs,
notes, electronic communications, books, | ||||||
7 | memoranda, papers, or other
documents or objects used as | ||||||
8 | evidence to support a completed review or
investigation must be | ||||||
9 | retained for 3 years after a report is issued
unless handed | ||||||
10 | over to a law enforcement agency for criminal investigation. No | ||||||
11 | documents or evidence shall be destroyed pending the
completion | ||||||
12 | of an investigation or review. The documents or evidence
shall | ||||||
13 | be publicly available unless confidential and not subject to
| ||||||
14 | disclosure under the Freedom of Information Act or by court | ||||||
15 | order. | ||||||
16 | (q) Notwithstanding any other provision of law, the | ||||||
17 | Ombudsman shall
have complete access and authority to examine | ||||||
18 | and reproduce any and all
past and current books, accounts, | ||||||
19 | reports, medical and mental health
records, vouchers, | ||||||
20 | correspondence files, computer files, computer data
bases, | ||||||
21 | documents, video and audio tape recordings, statistics and
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22 | performance based outcome measures, and any and all other past | ||||||
23 | and
current records and to examine the bank accounts, money, or | ||||||
24 | property of
the Department. Any State office or agency or a | ||||||
25 | political subdivision
of this State or other public entity, or | ||||||
26 | employee or officer of that entity
possessing the records or |
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1 | property, shall permit access to, and examination and | ||||||
2 | reproduction of the records, consistent with the provisions of | ||||||
3 | this
Article, upon the request the Ombudsman or his or her | ||||||
4 | designee. Access,
examination, and reproduction of the records | ||||||
5 | consistent with this
Section shall not result in waiver of any | ||||||
6 | confidentiality or privilege regarding any records or | ||||||
7 | property. | ||||||
8 | (r) The Ombudsman may require any State employee to be | ||||||
9 | interviewed on
a confidential basis. The employee must comply | ||||||
10 | with the request to be
interviewed and must be given time off | ||||||
11 | from his or her employment for
the purposes of attending the | ||||||
12 | interview and may be accompanied by
counsel acting on his or | ||||||
13 | her behalf. The Ombudsman may also conduct a
confidential | ||||||
14 | interview of any committed person or other person upon consent. | ||||||
15 | (s) The Ombudsman may enter anywhere on the grounds of any | ||||||
16 | Department
institution or facility or office for the purposes | ||||||
17 | of observation, inspection, and
investigation and shall have | ||||||
18 | unfettered access to all areas of the
Department and any | ||||||
19 | institution or facility at any time. | ||||||
20 | (t) The Ombudsman may cause the body of a deceased | ||||||
21 | committed person to undergo
the examinations, including an | ||||||
22 | autopsy, as he or she deems necessary to
determine the cause of | ||||||
23 | death, irrespective of whether the examination or autopsy shall | ||||||
24 | have been previously performed. | ||||||
25 | (u)(1) In the exercise of his or her functions, powers, and | ||||||
26 | duties, the
Ombudsman and any attorney employed by the Office |
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1 | may issue
and enforce a subpoena and a subpoena duces tecum, | ||||||
2 | administer oaths, and
examine persons under oath. A person | ||||||
3 | examined under oath under this
paragraph shall have the right | ||||||
4 | to be accompanied by counsel who shall
advise the person of his | ||||||
5 | or her rights subject to reasonable limitations
to prevent | ||||||
6 | obstruction of, or interference with, the orderly conduct of
| ||||||
7 | the examination. Notwithstanding any other provision of law, a | ||||||
8 | subpoena
may be issued and enforced under this paragraph for | ||||||
9 | the medical
records of a committed person of a correctional | ||||||
10 | institution or facility, regardless of whether
the medical | ||||||
11 | records were made during the course of the committed person's | ||||||
12 | incarceration. | ||||||
13 | (2) In any case in which a person in charge or control of a | ||||||
14 | correctional
institution or facility or an officer or employee | ||||||
15 | of the correctional institution or facility shall fail to | ||||||
16 | comply with the
provisions of paragraph (1) of this subsection | ||||||
17 | (u), or in any case in which a
coroner, coroner's physician, or | ||||||
18 | medical examiner shall fail to comply
with Section 3-3013 of | ||||||
19 | the Counties Code, the Ombudsman may apply to the Supreme Court
| ||||||
20 | for a judgment of mandamus directed to the person requiring | ||||||
21 | compliance with the provisions of paragraph (1) of this | ||||||
22 | subsection (u) or Section 3-3013 of the Counties Code.
Upon | ||||||
23 | application, the Court may issue the judgment as may be just | ||||||
24 | and
a failure to comply with the judgment of the Court shall be | ||||||
25 | a contempt of
court and punishable as contempt. | ||||||
26 | (v) The Ombudsman shall not be compelled to testify or |
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1 | release records
without a court order that are otherwise exempt | ||||||
2 | from public disclosure,
including documents pertaining to any | ||||||
3 | investigation that has not been
completed or any identifying | ||||||
4 | information, personal papers, or correspondence with any | ||||||
5 | person who has requested assistance from the Office unless
that | ||||||
6 | person consents in writing to the release of the information,
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7 | papers, or correspondence. | ||||||
8 | (w) The Ombudsman may hold public hearings.
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9 | (730 ILCS 5/3-2.1-25 new) | ||||||
10 | Sec. 3-2.1-25. Additional functions, powers, and duties of | ||||||
11 | the Office of the
Ombudsman. | ||||||
12 | (a) The Office may receive communications from any person
| ||||||
13 | who believes he or she may have information that may describe | ||||||
14 | improper
governmental activities or wrongdoing within the | ||||||
15 | Department. Committed person
mail to and from the Ombudsman | ||||||
16 | shall be treated in the same manner as
legal mail and may not | ||||||
17 | be restricted by the Department, the Department of Human | ||||||
18 | Services, or any other entity. | ||||||
19 | (b) The Ombudsman shall establish a toll-free telephone | ||||||
20 | number for the
purpose of identifying any alleged wrongdoing by | ||||||
21 | an employee of the
Department. This telephone number shall be | ||||||
22 | posted by the Department in
clear view of employees, committed | ||||||
23 | persons, and the public, and committed persons shall be
| ||||||
24 | permitted to call the number during normal hours for telephone | ||||||
25 | usage or
within 24 hours of admission to a special housing unit |
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1 | or other
unit with restricted telephone access. Telephone calls | ||||||
2 | made to the
toll-free number from a correctional institution or | ||||||
3 | facility shall not be recorded by
the Department and are | ||||||
4 | protected confidential communications. The
Ombudsman shall | ||||||
5 | also maintain a website with a complaint form that may
be | ||||||
6 | filled out online and shall also accept complaints by mail or | ||||||
7 | other
means alleging wrongdoing by an employee of the | ||||||
8 | Department. When
requested, the Ombudsman shall initiate a | ||||||
9 | review of any alleged
wrongdoing which may result in an | ||||||
10 | investigation of the alleged wrongdoing at the Ombudsman's | ||||||
11 | discretion. | ||||||
12 | (c) At the conclusion of an investigation of a complaint, | ||||||
13 | the Ombudsman shall report his or her findings to the | ||||||
14 | complainant and any person
designated to receive the findings | ||||||
15 | by the complainant. If the Ombudsman
does not investigate a | ||||||
16 | complaint, he or she shall notify the complainant
and the other | ||||||
17 | person of the decision not to investigate and the reasons
for | ||||||
18 | the decision. If the complainant is deceased at the time of the
| ||||||
19 | completion of an investigation, the Ombudsman shall report his | ||||||
20 | or her
findings to the complainant's next of kin when the | ||||||
21 | person is known to
the Ombudsman or to the Department. | ||||||
22 | (d) The Ombudsman may act informally to resolve a | ||||||
23 | complaint, including
providing referrals or information to | ||||||
24 | complainants, expediting individual matters, mediating, or | ||||||
25 | providing other assistance. | ||||||
26 | (e) All identifying information and any personal records or |
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1 | correspondence from any person who initiated the review of the | ||||||
2 | alleged
wrongdoing shall be confidential unless the person | ||||||
3 | consents to disclosure in writing. | ||||||
4 | (f) If the Ombudsman believes that an allegation of | ||||||
5 | criminal
misconduct has been made by a complainant, he or she | ||||||
6 | shall report the
allegation to the appropriate law enforcement | ||||||
7 | agency. | ||||||
8 | (g) Upon receiving a complaint of retaliation for | ||||||
9 | complaining to or
cooperating with the Ombudsman, the Ombudsman | ||||||
10 | shall commence an inquiry
into the complaint and conduct a | ||||||
11 | formal investigation. If the
Ombudsman finds that a complaint | ||||||
12 | of retaliation is founded as a result of
an investigation, he | ||||||
13 | or she shall so notify the Department and make
recommendations | ||||||
14 | for corrective action to be taken by the Department. The
| ||||||
15 | Ombudsman shall make the results and supporting evidence of its | ||||||
16 | formal
investigation available to the Department of Human | ||||||
17 | Rights should an
employee file a retaliation complaint with the | ||||||
18 | agency and consent to
the disclosure in writing. | ||||||
19 | (h) To facilitate oversight, the Office shall be | ||||||
20 | immediately notified
by the Department of all unusual and | ||||||
21 | significant incidents including,
but not limited to, riots or | ||||||
22 | fights involving multiple combatants, staff use
of force, | ||||||
23 | committed person deaths, serious physical assaults on | ||||||
24 | employees or
committed persons, work stoppages, and escapes and | ||||||
25 | shall be given monthly aggregated reports of unusual incidents | ||||||
26 | and committed person grievances by the Department. Employees of |
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| |||||||
1 | the Office shall be permitted to be present in any
Department | ||||||
2 | internal investigation or inquiry. The Office shall be
| ||||||
3 | responsible for reporting the unusual and significant | ||||||
4 | incidents and the
outcome of its investigations into the | ||||||
5 | incidents to the public no less
than quarterly. | ||||||
6 | (i)(1) The Ombudsman shall annually prepare a public report | ||||||
7 | and summary of all investigations and reviews, including a list | ||||||
8 | of significant
problems discovered by the Office, whether or | ||||||
9 | not the recommendations
made by the Office have been | ||||||
10 | implemented, and a list of the Office's
high priorities for the | ||||||
11 | following year. The Ombudsman shall submit the
report to the | ||||||
12 | Governor, the President of the Senate, and
Speaker of the House | ||||||
13 | of Representatives by December 31 of each year. The
report | ||||||
14 | shall be posted in electronic form on the Office's public
| ||||||
15 | website. The Ombudsman shall be authorized to redact portions | ||||||
16 | of the
report in a manner consistent with the Freedom of | ||||||
17 | Information Act or if disclosure is otherwise prohibited by | ||||||
18 | law. | ||||||
19 | (2) Upon review of the cause of death and circumstances | ||||||
20 | surrounding
the death of any committed person in a correctional | ||||||
21 | institution or facility, the Ombudsman shall
submit its report | ||||||
22 | on that issue to the Governor, the Speaker of the House of | ||||||
23 | Representatives,
the President of the Senate, the chairperson | ||||||
24 | of the House of Representatives Government Transparency | ||||||
25 | Committee, the House of Representatives
Judiciary II | ||||||
26 | Committee, the chairperson of the Senate Criminal Law |
| |||||||
| |||||||
1 | Committee, and the Director, and, if appropriate, make | ||||||
2 | recommendations to prevent the recurrence of the deaths. The | ||||||
3 | reports shall be
published on the Office's website and shall | ||||||
4 | otherwise be made available
to the public. | ||||||
5 | (3) The Ombudsman shall make an annual report to the | ||||||
6 | Governor, the
Speaker of the House of Representatives, the | ||||||
7 | President of the Senate, the
chairperson of the House of | ||||||
8 | Representatives
Judiciary II Committee, and the chairperson of
| ||||||
9 | the Senate Criminal Law Committee on the condition of systems
| ||||||
10 | for the delivery of medical care to committed persons of | ||||||
11 | correctional facilities
and, if appropriate, recommend changes | ||||||
12 | as it shall deem necessary and proper to improve the quality | ||||||
13 | and availability of the medical
care. The report shall be | ||||||
14 | published on the Office's website and shall
otherwise be made | ||||||
15 | available to the public. | ||||||
16 | (4) All public reports by the Ombudsman shall not disclose | ||||||
17 | information
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 | ||||||
21 | institution or facility must cooperate fully and promptly
with | ||||||
22 | the Ombudsman. | ||||||
23 | (b) The Department shall respond in writing to any | ||||||
24 | recommendations made
by the Ombudsman or his or her designee | ||||||
25 | within 45 days and shall
state with specificity its reasons for |
| |||||||
| |||||||
1 | failing to act on the recommendation. The writings shall be | ||||||
2 | made public by the Ombudsman, except
that information that | ||||||
3 | would reveal confidential material that may not
be released | ||||||
4 | under federal or State law shall be redacted by the
Ombudsman | ||||||
5 | from any report or recommendation. | ||||||
6 | (c) The Director shall immediately report to the Ombudsman | ||||||
7 | the
death of a committed person of any institution or facility | ||||||
8 | in any manner and form as the
Ombudsman shall prescribe and | ||||||
9 | shall 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 | ||||||
12 | Correctional Ombudsman. | ||||||
13 | (a) A
person commits obstructing an investigation by the | ||||||
14 | Correctional
Ombudsman when, with intent to obstruct or impede | ||||||
15 | an inquiry or investigation by the Correctional Ombudsman | ||||||
16 | appointed under Section 3-2.1-10 of this Code, he or she | ||||||
17 | knowingly
destroys or knowingly fails to permit access to, | ||||||
18 | examination of, or
reproduction by the Office of the | ||||||
19 | Correctional Ombudsman, of any book,
account, bank account | ||||||
20 | information, report, voucher, correspondence or
correspondence | ||||||
21 | file, computer file, computer data base, document, video
or | ||||||
22 | audio recording, statistic or performance based outcome | ||||||
23 | measure,
money, property, or any other record of the Department | ||||||
24 | lawfully requested by the Correctional Ombudsman. | ||||||
25 | (b) Sentence.
Obstructing an investigation by the |
| |||||||
| |||||||
1 | Correctional Ombudsman is a Class A
misdemeanor.
|