Public Act 103-0397
 
SB2197 EnrolledLRB103 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 
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.