Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2197 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0397
2	1		SB2197 EnrolledLRB103 24916 RLC 57099 b SB2197 Enrolled LRB103 24916 RLC 57099 b
3	2		SB2197 Enrolled LRB103 24916 RLC 57099 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Unified Code of Corrections is amended by
8		-	changing Sections 3-2.7-5, 3-2.7-10, 3-2.7-20, 3-2.7-25,
9		-	3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55 as
10		-	follows:
11		-	(730 ILCS 5/3-2.7-5)
12		-	Sec. 3-2.7-5. Purpose. The purpose of this Article is to
13		-	create within the Department of Juvenile Justice the Office of
14		-	Independent Juvenile Ombudsman for the purpose of securing the
15		-	rights of youth committed to the Department of Juvenile
16		-	Justice and county-operated juvenile detention centers,
17		-	including youth released on aftercare before final discharge.
18		-	(Source: P.A. 98-1032, eff. 8-25-14.)
19		-	(730 ILCS 5/3-2.7-10)
20		-	Sec. 3-2.7-10. Definitions. In this Article, unless the
21		-	context requires otherwise:
22		-	"County-operated juvenile detention center" means any
23		-	shelter care home or detention home as "shelter" and
24		-	"detention" are defined in Section 1.1 of the County Shelter
25		-	Care and Detention Home Act and any other facility that
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Unified Code of Corrections is amended by
	7	+	5 changing Sections 3-2.7-5, 3-2.7-10, 3-2.7-20, 3-2.7-25,
	8	+	6 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55 as
	9	+	7 follows:
	10	+	8 (730 ILCS 5/3-2.7-5)
	11	+	9 Sec. 3-2.7-5. Purpose. The purpose of this Article is to
	12	+	10 create within the Department of Juvenile Justice the Office of
	13	+	11 Independent Juvenile Ombudsman for the purpose of securing the
	14	+	12 rights of youth committed to the Department of Juvenile
	15	+	13 Justice and county-operated juvenile detention centers,
	16	+	14 including youth released on aftercare before final discharge.
	17	+	15 (Source: P.A. 98-1032, eff. 8-25-14.)
	18	+	16 (730 ILCS 5/3-2.7-10)
	19	+	17 Sec. 3-2.7-10. Definitions. In this Article, unless the
	20	+	18 context requires otherwise:
	21	+	19 "County-operated juvenile detention center" means any
	22	+	20 shelter care home or detention home as "shelter" and
	23	+	21 "detention" are defined in Section 1.1 of the County Shelter
	24	+	22 Care and Detention Home Act and any other facility that
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32		-	detains youth in the juvenile justice system that is
33		-	specifically designated to detain or incarcerate youth.
34		-	"County-operated juvenile detention center" does not include
35		-	police or other temporary law enforcement holding locations.
36		-	"Department" means the Department of Juvenile Justice.
37		-	"Immediate family or household member" means the spouse,
38		-	child, parent, brother, sister, grandparent, or grandchild,
39		-	whether of the whole blood or half blood or by adoption, or a
40		-	person who shares a common dwelling.
41		-	"Juvenile justice system" means all activities by public
42		-	or private agencies or persons pertaining to youth involved in
43		-	or having contact with the police, courts, or corrections.
44		-	"Office" means the Office of the Independent Juvenile
45		-	Ombudsman.
46		-	"Ombudsman" means the Department of Juvenile Justice
47		-	Independent Juvenile Ombudsman.
48		-	"Youth" means any person committed by court order to the
49		-	custody of the Department of Juvenile Justice or a
50		-	county-operated juvenile detention center, including youth
51		-	released on aftercare before final discharge.
52		-	(Source: P.A. 98-1032, eff. 8-25-14.)
53		-	(730 ILCS 5/3-2.7-20)
54		-	Sec. 3-2.7-20. Conflicts of interest. A person may not
55		-	serve as Ombudsman or as a deputy if the person or the person's
56		-	immediate family or household member:
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	32	+	SB2197 Enrolled - 2 - LRB103 24916 RLC 57099 b
	33	+	1 detains youth in the juvenile justice system that is
	34	+	2 specifically designated to detain or incarcerate youth.
	35	+	3 "County-operated juvenile detention center" does not include
	36	+	4 police or other temporary law enforcement holding locations.
	37	+	5 "Department" means the Department of Juvenile Justice.
	38	+	6 "Immediate family or household member" means the spouse,
	39	+	7 child, parent, brother, sister, grandparent, or grandchild,
	40	+	8 whether of the whole blood or half blood or by adoption, or a
	41	+	9 person who shares a common dwelling.
	42	+	10 "Juvenile justice system" means all activities by public
	43	+	11 or private agencies or persons pertaining to youth involved in
	44	+	12 or having contact with the police, courts, or corrections.
	45	+	13 "Office" means the Office of the Independent Juvenile
	46	+	14 Ombudsman.
	47	+	15 "Ombudsman" means the Department of Juvenile Justice
	48	+	16 Independent Juvenile Ombudsman.
	49	+	17 "Youth" means any person committed by court order to the
	50	+	18 custody of the Department of Juvenile Justice or a
	51	+	19 county-operated juvenile detention center, including youth
	52	+	20 released on aftercare before final discharge.
	53	+	21 (Source: P.A. 98-1032, eff. 8-25-14.)
	54	+	22 (730 ILCS 5/3-2.7-20)
	55	+	23 Sec. 3-2.7-20. Conflicts of interest. A person may not
	56	+	24 serve as Ombudsman or as a deputy if the person or the person's
	57	+	25 immediate family or household member:
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58	59
59		-	(1) is or has been employed by the Department of
60		-	Juvenile Justice, or Department of Corrections, or a
61		-	county-operated juvenile detention center within one year
62		-	prior to appointment, other than as Ombudsman or Deputy
63		-	Ombudsman;
64		-	(2) participates in the management of a business
65		-	entity or other organization receiving funds from the
66		-	Department of Juvenile Justice or a county-operated
67		-	juvenile detention center;
68		-	(3) owns or controls, directly or indirectly, any
69		-	interest in a business entity or other organization
70		-	receiving funds from the Department of Juvenile Justice or
71		-	a county-operated juvenile detention center;
72		-	(4) uses or receives any amount of tangible goods,
73		-	services, or funds from the Department of Juvenile Justice
74		-	or a county-operated juvenile detention center, other than
75		-	as Ombudsman or Deputy Ombudsman; or
76		-	(5) is required to register as a lobbyist for an
77		-	organization that interacts with the juvenile justice
78		-	system.
79		-	(Source: P.A. 98-1032, eff. 8-25-14.)
80		-	(730 ILCS 5/3-2.7-25)
81		-	Sec. 3-2.7-25. Duties and powers.
82		-	(a) The Independent Juvenile Ombudsman shall function
83		-	independently within the Department of Juvenile Justice and
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85	61
86		-	county-operated juvenile detention centers with respect to the
87		-	operations of the Office in performance of his or her duties
88		-	under this Article and shall report to the Governor and to
89		-	local authorities as provided in Section 3-2.7-50. The
90		-	Ombudsman shall adopt rules and standards as may be necessary
91		-	or desirable to carry out his or her duties. Funding for the
92		-	Office shall be designated separately within Department funds
93		-	and shall include funds for operations at county-operated
94		-	juvenile detention centers. The Department shall provide
95		-	necessary administrative services and facilities to the Office
96		-	of the Independent Juvenile Ombudsman. County-operated
97		-	juvenile detention centers shall provide necessary
98		-	administrative services and space, upon request, inside the
99		-	facility to the Office of the Independent Juvenile Ombudsman
100		-	to meet confidentially with youth and otherwise in performance
101		-	of his or her duties under this Article.
102		-	(b) The Office of Independent Juvenile Ombudsman shall
103		-	have the following duties:
104		-	(1) review and monitor the implementation of the rules
105		-	and standards established by the Department of Juvenile
106		-	Justice and county-operated juvenile detention centers and
107		-	evaluate the delivery of services to youth to ensure that
108		-	the rights of youth are fully observed;
109		-	(2) provide assistance to a youth or family whom the
110		-	Ombudsman determines is in need of assistance, including
111		-	advocating with an agency, provider, or other person in
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114		-	the best interests of the youth;
115		-	(3) investigate and attempt to resolve complaints made
116		-	by or on behalf of youth, other than complaints alleging
117		-	criminal behavior or violations of the State Officials and
118		-	Employees Ethics Act, if the Office determines that the
119		-	investigation and resolution would further the purpose of
120		-	the Office, and:
121		-	(A) a youth committed to the Department of
122		-	Juvenile Justice or a county-operated juvenile
123		-	detention center or the youth's family is in need of
124		-	assistance from the Office; or
125		-	(B) a systemic issue in the Department of Juvenile
126		-	Justice's or county-operated juvenile detention
127		-	center's provision of services is raised by a
128		-	complaint;
129		-	(4) review or inspect periodically the facilities and
130		-	procedures of any county-operated juvenile detention
131		-	center or any facility in which a youth has been placed by
132		-	the Department of Juvenile Justice to ensure that the
133		-	rights of youth are fully observed; and
134		-	(5) be accessible to and meet confidentially and
135		-	regularly with youth committed to the Department or a
136		-	county-operated juvenile detention center and serve as a
137		-	resource by informing them of pertinent laws, rules, and
138		-	policies, and their rights thereunder.
139		-	(c) The following cases shall be reported immediately to
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	68	+	1 (1) is or has been employed by the Department of
	69	+	2 Juvenile Justice, or Department of Corrections, or a
	70	+	3 county-operated juvenile detention center within one year
	71	+	4 prior to appointment, other than as Ombudsman or Deputy
	72	+	5 Ombudsman;
	73	+	6 (2) participates in the management of a business
	74	+	7 entity or other organization receiving funds from the
	75	+	8 Department of Juvenile Justice or a county-operated
	76	+	9 juvenile detention center;
	77	+	10 (3) owns or controls, directly or indirectly, any
	78	+	11 interest in a business entity or other organization
	79	+	12 receiving funds from the Department of Juvenile Justice or
	80	+	13 a county-operated juvenile detention center;
	81	+	14 (4) uses or receives any amount of tangible goods,
	82	+	15 services, or funds from the Department of Juvenile Justice
	83	+	16 or a county-operated juvenile detention center, other than
	84	+	17 as Ombudsman or Deputy Ombudsman; or
	85	+	18 (5) is required to register as a lobbyist for an
	86	+	19 organization that interacts with the juvenile justice
	87	+	20 system.
	88	+	21 (Source: P.A. 98-1032, eff. 8-25-14.)
	89	+	22 (730 ILCS 5/3-2.7-25)
	90	+	23 Sec. 3-2.7-25. Duties and powers.
	91	+	24 (a) The Independent Juvenile Ombudsman shall function
	92	+	25 independently within the Department of Juvenile Justice and
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142		-	the Director of Juvenile Justice and the Governor, and for
143		-	cases that arise in county-operated juvenile detention
144		-	centers, to the chief judge of the applicable judicial circuit
145		-	and the Director of the Administrative Office of the Illinois
146		-	Courts:
147		-	(1) cases of severe abuse or injury of a youth;
148		-	(2) serious misconduct, misfeasance, malfeasance, or
149		-	serious violations of policies and procedures concerning
150		-	the administration of a Department of Juvenile Justice or
151		-	county-operated juvenile detention center program or
152		-	operation;
153		-	(3) serious problems concerning the delivery of
154		-	services in a county-operated juvenile detention center or
155		-	a facility operated by or under contract with the
156		-	Department of Juvenile Justice;
157		-	(4) interference by the Department of Juvenile Justice
158		-	or county-operated juvenile detention center with an
159		-	investigation conducted by the Office; and
160		-	(5) other cases as deemed necessary by the Ombudsman.
161		-	(d) Notwithstanding any other provision of law, the
162		-	Ombudsman may not investigate alleged criminal behavior or
163		-	violations of the State Officials and Employees Ethics Act. If
164		-	the Ombudsman determines that a possible criminal act has been
165		-	committed, or that special expertise is required in the
166		-	investigation, he or she shall immediately notify the Illinois
167		-	State Police. If the Ombudsman determines that a possible
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170		-	violation of the State Officials and Employees Ethics Act has
171		-	occurred, he or she shall immediately refer the incident to
172		-	the Office of the Governor's Executive Inspector General for
173		-	investigation. If the Ombudsman receives a complaint from a
174		-	youth or third party regarding suspected abuse or neglect of a
175		-	child, the Ombudsman shall refer the incident to the Child
176		-	Abuse and Neglect Hotline or to the Illinois State Police as
177		-	mandated by the Abused and Neglected Child Reporting Act. Any
178		-	investigation conducted by the Ombudsman shall not be
179		-	duplicative and shall be separate from any investigation
180		-	mandated by the Abused and Neglected Child Reporting Act. All
181		-	investigations conducted by the Ombudsman shall be conducted
182		-	in a manner designed to ensure the preservation of evidence
183		-	for possible use in a criminal prosecution.
184		-	(e) In performance of his or her duties, the Ombudsman
185		-	may:
186		-	(1) review court files of youth;
187		-	(2) recommend policies, rules, and legislation
188		-	designed to protect youth;
189		-	(3) make appropriate referrals under any of the duties
190		-	and powers listed in this Section;
191		-	(4) attend internal administrative and disciplinary
192		-	hearings to ensure the rights of youth are fully observed
193		-	and advocate for the best interest of youth when deemed
194		-	necessary; and
195		-	(5) perform other acts, otherwise permitted or
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198		-	required by law, in furtherance of the purpose of the
199		-	Office.
200		-	(f) To assess if a youth's rights have been violated, the
201		-	Ombudsman may, in any matter that does not involve alleged
202		-	criminal behavior, contact or consult with an administrator,
203		-	employee, youth, parent, expert, or any other individual in
204		-	the course of his or her investigation or to secure
205		-	information as necessary to fulfill his or her duties.
206		-	(Source: P.A. 102-538, eff. 8-20-21.)
207		-	(730 ILCS 5/3-2.7-30)
208		-	Sec. 3-2.7-30. Duties of the Department of Juvenile
209		-	Justice or county-operated juvenile detention center.
210		-	(a) The Department of Juvenile Justice and every
211		-	county-operated juvenile detention center shall allow any
212		-	youth to communicate with the Ombudsman or a deputy at any
213		-	time. The communication:
214		-	(1) may be in person, by phone, by mail, or by any
215		-	other means deemed appropriate in light of security
216		-	concerns; and
217		-	(2) is confidential and privileged.
218		-	(b) The Department and county-operated juvenile detention
219		-	centers shall allow the Ombudsman and deputies full and
220		-	unannounced access to youth and Department facilities and
221		-	county-operated juvenile detention centers at any time. The
222		-	Department and county-operated juvenile detention centers
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	103	+	1 county-operated juvenile detention centers with respect to the
	104	+	2 operations of the Office in performance of his or her duties
	105	+	3 under this Article and shall report to the Governor and to
	106	+	4 local authorities as provided in Section 3-2.7-50. The
	107	+	5 Ombudsman shall adopt rules and standards as may be necessary
	108	+	6 or desirable to carry out his or her duties. Funding for the
	109	+	7 Office shall be designated separately within Department funds
	110	+	8 and shall include funds for operations at county-operated
	111	+	9 juvenile detention centers. The Department shall provide
	112	+	10 necessary administrative services and facilities to the Office
	113	+	11 of the Independent Juvenile Ombudsman. County-operated
	114	+	12 juvenile detention centers shall provide necessary
	115	+	13 administrative services and space, upon request, inside the
	116	+	14 facility to the Office of the Independent Juvenile Ombudsman
	117	+	15 to meet confidentially with youth and otherwise in performance
	118	+	16 of his or her duties under this Article.
	119	+	17 (b) The Office of Independent Juvenile Ombudsman shall
	120	+	18 have the following duties:
	121	+	19 (1) review and monitor the implementation of the rules
	122	+	20 and standards established by the Department of Juvenile
	123	+	21 Justice and county-operated juvenile detention centers and
	124	+	22 evaluate the delivery of services to youth to ensure that
	125	+	23 the rights of youth are fully observed;
	126	+	24 (2) provide assistance to a youth or family whom the
	127	+	25 Ombudsman determines is in need of assistance, including
	128	+	26 advocating with an agency, provider, or other person in
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225		-	shall furnish the Ombudsman and deputies with appropriate
226		-	meeting space in each facility in order to preserve
227		-	confidentiality.
228		-	(c) The Department and county-operated juvenile detention
229		-	centers shall allow the Ombudsman and deputies to participate
230		-	in professional development opportunities provided by the
231		-	Department of Juvenile Justice and county-operated juvenile
232		-	detention centers as practical and to attend appropriate
233		-	professional training when requested by the Ombudsman.
234		-	(d) The Department and county-operated juvenile detention
235		-	centers shall provide the Ombudsman copies of critical
236		-	incident reports involving a youth residing in a facility
237		-	operated by the Department or a county-operated juvenile
238		-	detention center. Critical incidents include, but are not
239		-	limited to, severe injuries that result in hospitalization,
240		-	suicide attempts that require medical intervention, sexual
241		-	abuse, and escapes.
242		-	(e) The Department and county-operated juvenile detention
243		-	centers shall provide the Ombudsman with reasonable advance
244		-	notice of all internal administrative and disciplinary
245		-	hearings regarding a youth residing in a facility operated by
246		-	the Department or a county-operated juvenile detention center.
247		-	(f) The Department of Juvenile Justice and county-operated
248		-	juvenile detention centers may not discharge, demote,
249		-	discipline, or in any manner discriminate or retaliate against
250		-	a youth or an employee who in good faith makes a complaint to
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252	132
253		-	the Office of the Independent Juvenile Ombudsman or cooperates
254		-	with the Office.
255		-	(Source: P.A. 98-1032, eff. 8-25-14.)
256		-	(730 ILCS 5/3-2.7-35)
257		-	Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman
258		-	shall provide to the General Assembly and the Governor, no
259		-	later than January 1 of each year, a summary of activities done
260		-	in furtherance of the purpose of the Office for the prior
261		-	fiscal year. The summaries shall contain data both aggregated
262		-	and disaggregated by individual facility and describe:
263		-	(1) the work of the Ombudsman;
264		-	(2) the status of any review or investigation
265		-	undertaken by the Ombudsman, but may not contain any
266		-	confidential or identifying information concerning the
267		-	subjects of the reports and investigations; and
268		-	(3) any recommendations that the Independent Juvenile
269		-	Ombudsman has relating to a systemic issue in the
270		-	Department of Juvenile Justice's or a county-operated
271		-	juvenile detention center's provision of services and any
272		-	other matters for consideration by the General Assembly
273		-	and the Governor.
274		-	With respect to county-operated juvenile detention
275		-	centers, the Ombudsman shall provide data responsive to
276		-	paragraphs (1) through (3) to the chief judge of the
277		-	applicable judicial circuit and to the Director of the
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278	135
279	136
280		-	Administrative Office of the Illinois Courts, and shall make
281		-	the data publicly available.
282		-	(Source: P.A. 98-1032, eff. 8-25-14.)
283		-	(730 ILCS 5/3-2.7-40)
284		-	Sec. 3-2.7-40. Complaints. The Office of Independent
285		-	Juvenile Ombudsman shall promptly and efficiently act on
286		-	complaints made by or on behalf of youth filed with the Office
287		-	that relate to the operations or staff of the Department of
288		-	Juvenile Justice or a county-operated juvenile detention
289		-	center. The Office shall maintain information about parties to
290		-	the complaint, the subject matter of the complaint, a summary
291		-	of the results of the review or investigation of the
292		-	complaint, including any resolution of or recommendations made
293		-	as a result of the complaint. The Office shall make
294		-	information available describing its procedures for complaint
295		-	investigation and resolution. When applicable, the Office
296		-	shall notify the complaining youth that an investigation and
297		-	resolution may result in or will require disclosure of the
298		-	complaining youth's identity. The Office shall periodically
299		-	notify the complaint parties of the status of the complaint
300		-	until final disposition.
301		-	(Source: P.A. 98-1032, eff. 8-25-14.)
302		-	(730 ILCS 5/3-2.7-50)
303		-	Sec. 3-2.7-50. Promotion and awareness of Office. The
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	139	+	1 the best interests of the youth;
	140	+	2 (3) investigate and attempt to resolve complaints made
	141	+	3 by or on behalf of youth, other than complaints alleging
	142	+	4 criminal behavior or violations of the State Officials and
	143	+	5 Employees Ethics Act, if the Office determines that the
	144	+	6 investigation and resolution would further the purpose of
	145	+	7 the Office, and:
	146	+	8 (A) a youth committed to the Department of
	147	+	9 Juvenile Justice or a county-operated juvenile
	148	+	10 detention center or the youth's family is in need of
	149	+	11 assistance from the Office; or
	150	+	12 (B) a systemic issue in the Department of Juvenile
	151	+	13 Justice's or county-operated juvenile detention
	152	+	14 center's provision of services is raised by a
	153	+	15 complaint;
	154	+	16 (4) review or inspect periodically the facilities and
	155	+	17 procedures of any county-operated juvenile detention
	156	+	18 center or any facility in which a youth has been placed by
	157	+	19 the Department of Juvenile Justice to ensure that the
	158	+	20 rights of youth are fully observed; and
	159	+	21 (5) be accessible to and meet confidentially and
	160	+	22 regularly with youth committed to the Department or a
	161	+	23 county-operated juvenile detention center and serve as a
	162	+	24 resource by informing them of pertinent laws, rules, and
	163	+	25 policies, and their rights thereunder.
	164	+	26 (c) The following cases shall be reported immediately to
304	165
305	166
306		-	Independent Juvenile Ombudsman shall promote awareness among
307		-	the public and youth of:
308		-	(1) the rights of youth committed to the Department
309		-	and county-operated juvenile detention centers;
310		-	(2) the purpose of the Office;
311		-	(3) how the Office may be contacted;
312		-	(4) the confidential nature of communications; and
313		-	(5) the services the Office provides.
314		-	(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
315		-	(730 ILCS 5/3-2.7-55)
316		-	Sec. 3-2.7-55. Access to information of governmental
317		-	entities. The Department of Juvenile Justice and
318		-	county-operated juvenile detention centers shall provide the
319		-	Independent Juvenile Ombudsman unrestricted access to all
320		-	master record files of youth under Section 3-5-1 of this Code
321		-	or any other files of youth in the custody of county-operated
322		-	juvenile detention centers, or both. Access to educational,
323		-	social, psychological, mental health, substance abuse, and
324		-	medical records shall not be disclosed except as provided in
325		-	Section 5-910 of the Juvenile Court Act of 1987, the Mental
326		-	Health and Developmental Disabilities Confidentiality Act, the
327		-	School Code, and any applicable federal laws that govern
328		-	access to those records.
329		-	(Source: P.A. 98-1032, eff. 8-25-14.)
330		-	Section 99. Effective date. This Act takes effect on
331	167
332	168
333		-	January 1, 2025.
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	175	+	1 the Director of Juvenile Justice and the Governor, and for
	176	+	2 cases that arise in county-operated juvenile detention
	177	+	3 centers, to the chief judge of the applicable judicial circuit
	178	+	4 and the Director of the Administrative Office of the Illinois
	179	+	5 Courts:
	180	+	6 (1) cases of severe abuse or injury of a youth;
	181	+	7 (2) serious misconduct, misfeasance, malfeasance, or
	182	+	8 serious violations of policies and procedures concerning
	183	+	9 the administration of a Department of Juvenile Justice or
	184	+	10 county-operated juvenile detention center program or
	185	+	11 operation;
	186	+	12 (3) serious problems concerning the delivery of
	187	+	13 services in a county-operated juvenile detention center or
	188	+	14 a facility operated by or under contract with the
	189	+	15 Department of Juvenile Justice;
	190	+	16 (4) interference by the Department of Juvenile Justice
	191	+	17 or county-operated juvenile detention center with an
	192	+	18 investigation conducted by the Office; and
	193	+	19 (5) other cases as deemed necessary by the Ombudsman.
	194	+	20 (d) Notwithstanding any other provision of law, the
	195	+	21 Ombudsman may not investigate alleged criminal behavior or
	196	+	22 violations of the State Officials and Employees Ethics Act. If
	197	+	23 the Ombudsman determines that a possible criminal act has been
	198	+	24 committed, or that special expertise is required in the
	199	+	25 investigation, he or she shall immediately notify the Illinois
	200	+	26 State Police. If the Ombudsman determines that a possible
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	210	+	SB2197 Enrolled - 7 - LRB103 24916 RLC 57099 b
	211	+	1 violation of the State Officials and Employees Ethics Act has
	212	+	2 occurred, he or she shall immediately refer the incident to
	213	+	3 the Office of the Governor's Executive Inspector General for
	214	+	4 investigation. If the Ombudsman receives a complaint from a
	215	+	5 youth or third party regarding suspected abuse or neglect of a
	216	+	6 child, the Ombudsman shall refer the incident to the Child
	217	+	7 Abuse and Neglect Hotline or to the Illinois State Police as
	218	+	8 mandated by the Abused and Neglected Child Reporting Act. Any
	219	+	9 investigation conducted by the Ombudsman shall not be
	220	+	10 duplicative and shall be separate from any investigation
	221	+	11 mandated by the Abused and Neglected Child Reporting Act. All
	222	+	12 investigations conducted by the Ombudsman shall be conducted
	223	+	13 in a manner designed to ensure the preservation of evidence
	224	+	14 for possible use in a criminal prosecution.
	225	+	15 (e) In performance of his or her duties, the Ombudsman
	226	+	16 may:
	227	+	17 (1) review court files of youth;
	228	+	18 (2) recommend policies, rules, and legislation
	229	+	19 designed to protect youth;
	230	+	20 (3) make appropriate referrals under any of the duties
	231	+	21 and powers listed in this Section;
	232	+	22 (4) attend internal administrative and disciplinary
	233	+	23 hearings to ensure the rights of youth are fully observed
	234	+	24 and advocate for the best interest of youth when deemed
	235	+	25 necessary; and
	236	+	26 (5) perform other acts, otherwise permitted or
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	240	+
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	247	+	1 required by law, in furtherance of the purpose of the
	248	+	2 Office.
	249	+	3 (f) To assess if a youth's rights have been violated, the
	250	+	4 Ombudsman may, in any matter that does not involve alleged
	251	+	5 criminal behavior, contact or consult with an administrator,
	252	+	6 employee, youth, parent, expert, or any other individual in
	253	+	7 the course of his or her investigation or to secure
	254	+	8 information as necessary to fulfill his or her duties.
	255	+	9 (Source: P.A. 102-538, eff. 8-20-21.)
	256	+	10 (730 ILCS 5/3-2.7-30)
	257	+	11 Sec. 3-2.7-30. Duties of the Department of Juvenile
	258	+	12 Justice or county-operated juvenile detention center.
	259	+	13 (a) The Department of Juvenile Justice and every
	260	+	14 county-operated juvenile detention center shall allow any
	261	+	15 youth to communicate with the Ombudsman or a deputy at any
	262	+	16 time. The communication:
	263	+	17 (1) may be in person, by phone, by mail, or by any
	264	+	18 other means deemed appropriate in light of security
	265	+	19 concerns; and
	266	+	20 (2) is confidential and privileged.
	267	+	21 (b) The Department and county-operated juvenile detention
	268	+	22 centers shall allow the Ombudsman and deputies full and
	269	+	23 unannounced access to youth and Department facilities and
	270	+	24 county-operated juvenile detention centers at any time. The
	271	+	25 Department and county-operated juvenile detention centers
	272	+
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	275	+
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	282	+	1 shall furnish the Ombudsman and deputies with appropriate
	283	+	2 meeting space in each facility in order to preserve
	284	+	3 confidentiality.
	285	+	4 (c) The Department and county-operated juvenile detention
	286	+	5 centers shall allow the Ombudsman and deputies to participate
	287	+	6 in professional development opportunities provided by the
	288	+	7 Department of Juvenile Justice and county-operated juvenile
	289	+	8 detention centers as practical and to attend appropriate
	290	+	9 professional training when requested by the Ombudsman.
	291	+	10 (d) The Department and county-operated juvenile detention
	292	+	11 centers shall provide the Ombudsman copies of critical
	293	+	12 incident reports involving a youth residing in a facility
	294	+	13 operated by the Department or a county-operated juvenile
	295	+	14 detention center. Critical incidents include, but are not
	296	+	15 limited to, severe injuries that result in hospitalization,
	297	+	16 suicide attempts that require medical intervention, sexual
	298	+	17 abuse, and escapes.
	299	+	18 (e) The Department and county-operated juvenile detention
	300	+	19 centers shall provide the Ombudsman with reasonable advance
	301	+	20 notice of all internal administrative and disciplinary
	302	+	21 hearings regarding a youth residing in a facility operated by
	303	+	22 the Department or a county-operated juvenile detention center.
	304	+	23 (f) The Department of Juvenile Justice and county-operated
	305	+	24 juvenile detention centers may not discharge, demote,
	306	+	25 discipline, or in any manner discriminate or retaliate against
	307	+	26 a youth or an employee who in good faith makes a complaint to
	308	+
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	311	+
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	318	+	1 the Office of the Independent Juvenile Ombudsman or cooperates
	319	+	2 with the Office.
	320	+	3 (Source: P.A. 98-1032, eff. 8-25-14.)
	321	+	4 (730 ILCS 5/3-2.7-35)
	322	+	5 Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman
	323	+	6 shall provide to the General Assembly and the Governor, no
	324	+	7 later than January 1 of each year, a summary of activities done
	325	+	8 in furtherance of the purpose of the Office for the prior
	326	+	9 fiscal year. The summaries shall contain data both aggregated
	327	+	10 and disaggregated by individual facility and describe:
	328	+	11 (1) the work of the Ombudsman;
	329	+	12 (2) the status of any review or investigation
	330	+	13 undertaken by the Ombudsman, but may not contain any
	331	+	14 confidential or identifying information concerning the
	332	+	15 subjects of the reports and investigations; and
	333	+	16 (3) any recommendations that the Independent Juvenile
	334	+	17 Ombudsman has relating to a systemic issue in the
	335	+	18 Department of Juvenile Justice's or a county-operated
	336	+	19 juvenile detention center's provision of services and any
	337	+	20 other matters for consideration by the General Assembly
	338	+	21 and the Governor.
	339	+	22 With respect to county-operated juvenile detention
	340	+	23 centers, the Ombudsman shall provide data responsive to
	341	+	24 paragraphs (1) through (3) to the chief judge of the
	342	+	25 applicable judicial circuit and to the Director of the
	343	+
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	346	+
	347	+
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	352	+	SB2197 Enrolled - 11 - LRB103 24916 RLC 57099 b
	353	+	1 Administrative Office of the Illinois Courts, and shall make
	354	+	2 the data publicly available.
	355	+	3 (Source: P.A. 98-1032, eff. 8-25-14.)
	356	+	4 (730 ILCS 5/3-2.7-40)
	357	+	5 Sec. 3-2.7-40. Complaints. The Office of Independent
	358	+	6 Juvenile Ombudsman shall promptly and efficiently act on
	359	+	7 complaints made by or on behalf of youth filed with the Office
	360	+	8 that relate to the operations or staff of the Department of
	361	+	9 Juvenile Justice or a county-operated juvenile detention
	362	+	10 center. The Office shall maintain information about parties to
	363	+	11 the complaint, the subject matter of the complaint, a summary
	364	+	12 of the results of the review or investigation of the
	365	+	13 complaint, including any resolution of or recommendations made
	366	+	14 as a result of the complaint. The Office shall make
	367	+	15 information available describing its procedures for complaint
	368	+	16 investigation and resolution. When applicable, the Office
	369	+	17 shall notify the complaining youth that an investigation and
	370	+	18 resolution may result in or will require disclosure of the
	371	+	19 complaining youth's identity. The Office shall periodically
	372	+	20 notify the complaint parties of the status of the complaint
	373	+	21 until final disposition.
	374	+	22 (Source: P.A. 98-1032, eff. 8-25-14.)
	375	+	23 (730 ILCS 5/3-2.7-50)
	376	+	24 Sec. 3-2.7-50. Promotion and awareness of Office. The
	377	+
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	387	+	1 Independent Juvenile Ombudsman shall promote awareness among
	388	+	2 the public and youth of:
	389	+	3 (1) the rights of youth committed to the Department
	390	+	4 and county-operated juvenile detention centers;
	391	+	5 (2) the purpose of the Office;
	392	+	6 (3) how the Office may be contacted;
	393	+	7 (4) the confidential nature of communications; and
	394	+	8 (5) the services the Office provides.
	395	+	9 (Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
	396	+	10 (730 ILCS 5/3-2.7-55)
	397	+	11 Sec. 3-2.7-55. Access to information of governmental
	398	+	12 entities. The Department of Juvenile Justice and
	399	+	13 county-operated juvenile detention centers shall provide the
	400	+	14 Independent Juvenile Ombudsman unrestricted access to all
	401	+	15 master record files of youth under Section 3-5-1 of this Code
	402	+	16 or any other files of youth in the custody of county-operated
	403	+	17 juvenile detention centers, or both. Access to educational,
	404	+	18 social, psychological, mental health, substance abuse, and
	405	+	19 medical records shall not be disclosed except as provided in
	406	+	20 Section 5-910 of the Juvenile Court Act of 1987, the Mental
	407	+	21 Health and Developmental Disabilities Confidentiality Act, the
	408	+	22 School Code, and any applicable federal laws that govern
	409	+	23 access to those records.
	410	+	24 (Source: P.A. 98-1032, eff. 8-25-14.)
	411	+	25 Section 99. Effective date. This Act takes effect on
	412	+
	413	+
	414	+
	415	+
	416	+
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	421	+	SB2197 Enrolled - 13 - LRB103 24916 RLC 57099 b
	422	+	1 January 1, 2025.
	423	+
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	426	+
	427	+
	428	+	SB2197 Enrolled - 13 - LRB103 24916 RLC 57099 b