Public Act 103-0397
SB2197 EnrolledLRB103 24916 RLC 57099 b SB2197 Enrolled LRB103 24916 RLC 57099 b
SB2197 Enrolled LRB103 24916 RLC 57099 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(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.
(Source: P.A. 98-1032, eff. 8-25-14.)
(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
SB2197 Enrolled LRB103 24916 RLC 57099 b
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.
(Source: P.A. 98-1032, eff. 8-25-14.)
(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:
(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.
(Source: P.A. 98-1032, eff. 8-25-14.)
(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
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
and standards established by the Department of Juvenile
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
Ombudsman determines is in need of assistance, including
advocating with an agency, provider, or other person in
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
assistance from the Office; or
(B) a systemic issue in the Department of Juvenile
Justice's or county-operated juvenile detention
center's provision of services is raised by a
complaint;
(4) review or inspect periodically the facilities and
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
rights of youth are fully observed; and
(5) be accessible to and meet confidentially and
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
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
serious violations of policies and procedures concerning
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
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
committed, or that special expertise is required in the
investigation, he or she shall immediately notify the Illinois
State Police. If the Ombudsman determines that a possible
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
designed to protect youth;
(3) make appropriate referrals under any of the duties
and powers listed in this Section;
(4) attend internal administrative and disciplinary
hearings to ensure the rights of youth are fully observed
and advocate for the best interest of youth when deemed
necessary; and
(5) perform other acts, otherwise permitted or
required by law, in furtherance of the purpose of the
Office.
(f) To assess if a youth's rights have been violated, the
Ombudsman may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in
the course of his or her investigation or to secure
information as necessary to fulfill his or her duties.
(Source: P.A. 102-538, eff. 8-20-21.)
(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
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
the Office of the Independent Juvenile Ombudsman or cooperates
with the Office.
(Source: P.A. 98-1032, eff. 8-25-14.)
(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
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.
With respect to county-operated juvenile detention
centers, the Ombudsman shall provide data responsive to
paragraphs (1) through (3) to the chief judge of the
applicable judicial circuit and to the Director of the
Administrative Office of the Illinois Courts, and shall make
the data publicly available.
(Source: P.A. 98-1032, eff. 8-25-14.)
(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.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-50)
Sec. 3-2.7-50. Promotion and awareness of Office. The
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.
(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
(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.
(Source: P.A. 98-1032, eff. 8-25-14.)
Section 99. Effective date. This Act takes effect on
January 1, 2025.