Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice Office of Independent Juvenile Ombudsman also shall be ombudsman for county-operated juvenile detention centers. Provides that the Ombudsman shall secure the rights of youth committed to county-operated juvenile detention centers. Provides that, with respect to county-operated juvenile detention centers, the Ombudsman shall report to a local commission concerning: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman; and (3) any recommendations that the Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's or a county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly and the Governor. Also provides for the reporting of this information with respect to county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and shall make the data publicly available. Provides that the commission shall be established by ordinance of the county board of the county in which the county-operated juvenile detention center is located, and, at a minimum, shall include the chief judge, the State's Attorney, the Public Defender, a correctional administrator, and an advocate for justice system impacted families and individuals. Provides that, to the extent that any county-operated juvenile detention center provides services to counties beyond the one in which it is located, the Independent Juvenile Ombudsman shall also provide a copy of the data to the county boards of the counties served by the county-operated juvenile detention center.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0397
[SB2197 Detail]Download: Illinois-2023-SB2197-Chaptered.html
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| Public Act 103-0397
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| SB2197 Enrolled | LRB103 24916 RLC 57099 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-2.7-5, 3-2.7-10, 3-2.7-20, 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 as |
follows:
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(730 ILCS 5/3-2.7-5) |
Sec. 3-2.7-5. Purpose. The purpose of this Article is to |
create within the Department of Juvenile Justice the Office of |
Independent Juvenile Ombudsman for the purpose of securing the |
rights of youth committed to the Department of Juvenile |
Justice and county-operated juvenile detention centers, |
including youth released on aftercare before final discharge.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-10) |
Sec. 3-2.7-10. Definitions. In this Article, unless the |
context requires otherwise: |
"County-operated juvenile detention center" means any |
shelter care home or detention home as "shelter" and |
"detention" are defined in Section 1.1 of the County Shelter |
Care and Detention Home Act and any other facility that |
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detains youth in the juvenile justice system that is |
specifically designated to detain or incarcerate youth. |
"County-operated juvenile detention center" does not include |
police or other temporary law enforcement holding locations. |
"Department" means the Department of Juvenile Justice. |
"Immediate family or household member" means the spouse, |
child, parent, brother, sister, grandparent, or grandchild, |
whether of the whole blood or half blood or by adoption, or a |
person who shares a common dwelling. |
"Juvenile justice system" means all activities by public |
or private agencies or persons pertaining to youth involved in |
or having contact with the police, courts, or corrections. |
"Office" means the Office of the Independent Juvenile |
Ombudsman. |
"Ombudsman" means the Department of Juvenile Justice |
Independent Juvenile Ombudsman. |
"Youth" means any person committed by court order to the |
custody of the Department of Juvenile Justice or a |
county-operated juvenile detention center, including youth |
released on aftercare before final discharge.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-20) |
Sec. 3-2.7-20. Conflicts of interest. A person may not |
serve as Ombudsman or as a deputy if the person or the person's |
immediate family or household member: |
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(1) is or has been employed by the Department of |
Juvenile Justice, or Department of Corrections, or a |
county-operated juvenile detention center within one year |
prior to appointment, other than as Ombudsman or Deputy |
Ombudsman; |
(2) participates in the management of a business |
entity or other organization receiving funds from the |
Department of Juvenile Justice or a county-operated |
juvenile detention center; |
(3) owns or controls, directly or indirectly, any |
interest in a business entity or other organization |
receiving funds from the Department of Juvenile Justice or |
a county-operated juvenile detention center; |
(4) uses or receives any amount of tangible goods, |
services, or funds from the Department of Juvenile Justice |
or a county-operated juvenile detention center, other than |
as Ombudsman or Deputy Ombudsman; or |
(5) is required to register as a lobbyist for an |
organization that interacts with the juvenile justice |
system.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-25) |
Sec. 3-2.7-25. Duties and powers. |
(a) The Independent Juvenile Ombudsman shall function |
independently within the Department of Juvenile Justice and |
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county-operated juvenile detention centers with respect to the |
operations of the Office in performance of his or her duties |
under this Article and shall report to the Governor and to |
local authorities as provided in Section 3-2.7-50. The |
Ombudsman shall adopt rules and standards as may be
necessary |
or desirable to carry out his or her duties. Funding
for the |
Office shall be designated separately within
Department funds |
and shall include funds for operations at county-operated |
juvenile detention centers. The Department shall provide |
necessary administrative services and facilities to the Office |
of the Independent Juvenile Ombudsman. County-operated |
juvenile detention centers shall provide necessary |
administrative services and space, upon request, inside the |
facility to the Office of the Independent Juvenile Ombudsman |
to meet confidentially with youth and otherwise in performance |
of his or her duties under this Article. |
(b) The Office of Independent Juvenile Ombudsman shall |
have
the following duties: |
(1) review and monitor the implementation of the rules
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and standards established by the Department of Juvenile
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Justice and county-operated juvenile detention centers and |
evaluate the delivery of services to youth to
ensure that |
the rights of youth are fully observed; |
(2) provide assistance to a youth or family whom the
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Ombudsman determines is in need of assistance, including
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advocating with an agency, provider, or other person in |
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the
best interests of the youth; |
(3) investigate and attempt to resolve complaints made |
by or on behalf of youth, other than
complaints alleging |
criminal behavior or violations of the State Officials and |
Employees Ethics Act, if the Office
determines that the |
investigation and resolution would further the purpose of |
the Office, and: |
(A) a youth committed to the Department of |
Juvenile
Justice or a county-operated juvenile |
detention center or the youth's family is in need of
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assistance from the Office; or |
(B) a systemic issue in the Department of Juvenile
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Justice's or county-operated juvenile detention |
center's provision of services is raised by a
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complaint; |
(4) review or inspect periodically the facilities and
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procedures of any county-operated juvenile detention |
center or any facility in which a youth has been placed
by |
the Department of Juvenile Justice to ensure that the
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rights of youth are fully observed; and |
(5) be accessible to and meet confidentially and
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regularly with youth committed to the Department or a |
county-operated juvenile detention center and serve
as a |
resource by informing them of pertinent laws,
rules, and |
policies, and their rights thereunder. |
(c) The following cases shall be reported immediately to
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the Director of Juvenile Justice and the Governor, and for |
cases that arise in county-operated juvenile detention |
centers, to the chief judge of the applicable judicial circuit |
and the Director of the Administrative Office of the Illinois |
Courts: |
(1) cases of severe abuse or injury of a youth; |
(2) serious misconduct, misfeasance, malfeasance, or
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serious violations of policies and procedures concerning
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the administration of a Department of Juvenile Justice or |
county-operated juvenile detention center
program or |
operation; |
(3) serious problems concerning the delivery of |
services in a county-operated juvenile detention center or |
a facility operated by or under contract with
the |
Department of Juvenile Justice; |
(4) interference by the Department of Juvenile Justice |
or county-operated juvenile detention center
with an |
investigation conducted by the Office; and |
(5) other cases as deemed necessary by the Ombudsman. |
(d) Notwithstanding any other provision of law, the
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Ombudsman may not investigate alleged criminal behavior or |
violations of the State Officials and Employees Ethics Act. If |
the
Ombudsman determines that a possible criminal act has been
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committed, or that special expertise is required in the
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investigation, he or she shall immediately notify the
Illinois |
State Police. If the Ombudsman determines that a possible |
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violation of the State Officials and Employees Ethics Act has |
occurred, he or she shall immediately refer the incident to |
the Office of the Governor's Executive Inspector General for |
investigation. If the Ombudsman receives a complaint from a |
youth or third party regarding suspected abuse or neglect of a |
child, the Ombudsman shall refer the incident to the Child |
Abuse and Neglect Hotline or to the Illinois State Police as |
mandated by the Abused and Neglected Child Reporting Act. Any |
investigation conducted by the
Ombudsman shall not be |
duplicative and shall be separate from
any investigation |
mandated by the Abused and Neglected Child
Reporting Act.
All |
investigations conducted by the Ombudsman shall be
conducted |
in a manner designed to ensure the preservation of
evidence |
for possible use in a criminal prosecution. |
(e) In performance of his or her duties, the
Ombudsman |
may: |
(1) review court files of youth; |
(2) recommend policies, rules, and legislation
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designed to protect youth; |
(3) make appropriate referrals under any of the duties
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and powers listed in this Section; |
(4) attend internal administrative and disciplinary |
hearings to ensure the rights of youth are fully observed
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and advocate for the best interest of youth when deemed
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necessary; and |
(5) perform other acts, otherwise permitted or |
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required by law, in furtherance of the purpose of the |
Office. |
(f) To assess if a youth's rights have been violated, the
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Ombudsman may, in any matter that does not involve alleged
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criminal behavior, contact or consult with an administrator,
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employee, youth, parent, expert, or any other individual in |
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course of his or her investigation or to secure |
information as
necessary to fulfill his or her duties.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(730 ILCS 5/3-2.7-30) |
Sec. 3-2.7-30. Duties of the Department of Juvenile |
Justice or county-operated juvenile detention center. |
(a) The Department of Juvenile Justice and every |
county-operated juvenile detention center shall allow any |
youth to communicate with the Ombudsman or a deputy at any |
time. The communication: |
(1) may be in person, by phone, by mail, or by any |
other means deemed appropriate in light of security |
concerns; and |
(2) is confidential and privileged. |
(b) The Department and county-operated juvenile detention |
centers shall allow the Ombudsman and deputies full and |
unannounced access to youth and Department facilities and |
county-operated juvenile detention centers at any time. The |
Department and county-operated juvenile detention centers |
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shall furnish the Ombudsman and deputies with appropriate |
meeting space in each facility in order to preserve |
confidentiality. |
(c) The Department and county-operated juvenile detention |
centers shall allow the Ombudsman and deputies to participate |
in professional development opportunities provided by the |
Department of Juvenile Justice and county-operated juvenile |
detention centers as practical and to attend appropriate |
professional training when requested by the Ombudsman. |
(d) The Department and county-operated juvenile detention |
centers shall provide the Ombudsman copies of critical |
incident reports involving a youth residing in a facility |
operated by the Department or a county-operated juvenile |
detention center. Critical incidents include, but are not |
limited to, severe injuries that result in hospitalization, |
suicide attempts that require medical intervention, sexual |
abuse, and escapes. |
(e) The Department and county-operated juvenile detention |
centers shall provide the Ombudsman with reasonable advance |
notice of all internal administrative and disciplinary |
hearings regarding a youth residing in a facility operated by |
the Department or a county-operated juvenile detention center. |
(f) The Department of Juvenile Justice and county-operated |
juvenile detention centers may not discharge, demote, |
discipline, or in any manner discriminate or retaliate against |
a youth or an employee who in good faith makes a complaint to |
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the Office of the Independent Juvenile Ombudsman or cooperates |
with the Office.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-35) |
Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman |
shall provide to the General Assembly and the Governor, no |
later than January 1 of each year, a summary of activities done |
in furtherance of the purpose of
the Office for the prior |
fiscal year. The summaries shall contain data both aggregated |
and disaggregated by individual facility and describe: |
(1) the work of the Ombudsman; |
(2) the status of any review or investigation |
undertaken by
the Ombudsman, but
may not contain any |
confidential or identifying information
concerning the |
subjects of the reports and investigations; and |
(3) any recommendations that the Independent Juvenile
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Ombudsman has relating to a systemic issue in the |
Department of Juvenile Justice's or a county-operated |
juvenile detention center's provision of services and any
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other matters for consideration by the General Assembly |
and the Governor. |
With respect to county-operated juvenile detention
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centers, the Ombudsman shall provide data responsive to
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paragraphs (1) through (3) to the chief judge of the
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applicable judicial circuit and to the Director of the |
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Administrative Office of the Illinois Courts, and shall make |
the data publicly available.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-40) |
Sec. 3-2.7-40. Complaints. The Office of Independent |
Juvenile Ombudsman shall promptly and efficiently act on |
complaints made by or on behalf of youth filed with the Office |
that relate to the operations or staff of the Department of |
Juvenile Justice or a county-operated juvenile detention |
center. The Office shall maintain information about parties to |
the complaint, the subject matter of the complaint, a summary |
of the results of the review or investigation of the |
complaint, including any resolution of or recommendations made |
as a result of the complaint. The Office shall make |
information available describing its procedures for complaint |
investigation and resolution. When applicable, the Office |
shall notify the complaining youth that an investigation and |
resolution may result in or will require disclosure of the |
complaining youth's identity. The Office shall periodically |
notify the complaint parties of the status of the complaint |
until final disposition.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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(730 ILCS 5/3-2.7-50) |
Sec. 3-2.7-50. Promotion and awareness of Office. The |
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Independent Juvenile Ombudsman shall promote awareness among |
the public and youth of: |
(1) the rights of youth committed to the Department |
and county-operated juvenile detention centers; |
(2) the purpose of the Office; |
(3) how the Office may be contacted; |
(4) the confidential nature of communications; and |
(5) the services the Office provides.
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(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
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(730 ILCS 5/3-2.7-55) |
Sec. 3-2.7-55. Access to information of governmental |
entities. The Department of Juvenile Justice and |
county-operated juvenile detention centers shall provide the |
Independent Juvenile Ombudsman unrestricted access to all |
master record files of youth under Section 3-5-1 of this Code |
or any other files of youth in the custody of county-operated |
juvenile detention centers, or both. Access to educational, |
social, psychological, mental health, substance abuse, and |
medical records shall not be disclosed except as provided in |
Section 5-910 of the Juvenile Court Act of 1987, the Mental |
Health and Developmental Disabilities Confidentiality Act, the |
School Code, and any applicable federal laws that govern |
access to those records.
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(Source: P.A. 98-1032, eff. 8-25-14.)
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Section 99. Effective date. This Act takes effect on |
