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91_HB2557
LRB9105036RCks
1 AN ACT to amend the Unified Code of Corrections by adding
2 Section 3-2-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 adding Section 3-2-10 as follows:
7 (730 ILCS 5/3-2-10 new)
8 Sec. 3-2-10. Prison Oversight Commission.
9 (a) There is created the Prison Oversight Commission.
10 The Commission consists of 4 members of the General Assembly,
11 one each appointed by the President of the Senate, the
12 Minority Leader of the Senate, the Speaker of the House of
13 Representatives, and the Minority Leader of the House of
14 Representatives.
15 (b) The members of the Commission must choose their
16 chair and such other officers as they deem appropriate.
17 (c) The Commission may:
18 (1) hire permanent staff;
19 (2) expend appropriations made by the General
20 Assembly for the purpose of carrying out its powers and
21 duties;
22 (3) hold hearings, issue subpoenas, and compel the
23 attendance of witnesses at those hearings;
24 (4) visit and obtain access to institutions and
25 facilities of the Department of Corrections.
26 (d)(1) The office of the Executive Director of the
27 Prison Oversight Commission is created within the Prison
28 Oversight Commission.
29 (2) The principal executive officer of the Prison
30 Oversight Commission is the Executive Director who is
31 appointed by and serves at the pleasure of the Commission.
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1 (3) The Commission must establish procedures for
2 approving the budget of the office, for expending funds of
3 the office, and for the employment of personnel for the
4 office who are subject to the approval by the House of
5 Representatives and the Senate.
6 (4) (i) The Executive Director may investigate, under
7 procedures established by the Commission and subject to the
8 ongoing approval of the Commission, an administrative act
9 that is alleged to be contrary to law, contrary to Department
10 policy, unaccompanied by an adequate statement or reason, or
11 based on irrelevant, immaterial, or erroneous grounds.
12 (ii) Subject to approval of the Commission, the
13 Executive Director must establish procedures for receiving
14 and processing complaints, conducting investigations, setting
15 up hearings for the Commission, and reporting the findings
16 resulting from any investigations to the Commission.
17 (5) (i) Upon request, the Executive Director must be
18 given access to all information, records, and documents in
19 the possession of the Department which the Commission deems
20 necessary in an investigation.
21 (ii) Upon request of the Commission, the Executive
22 Director must be granted entrance to inspect at any time any
23 premises under the control of the Department.
24 (6) The Commission may hold a hearing. The Commission
25 may administer oaths, subpoena witnesses, and examine the
26 books and records of the Department or of a person,
27 partnership, or corporation involved, in a matter which is or
28 was a proper subject of investigation by the Executive
29 Director under this Act.
30 (7) The Executive Director must maintain secrecy with
31 respect to all matters and the identities of the complainants
32 or persons from whom information is acquired, except so far
33 as disclosures may be necessary to enable the Executive
34 Director to perform the duties of the office and to support
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1 any recommendations resulting from an investigation.
2 (8) The Executive Director must prepare a report of the
3 findings of all investigations and make recommendations to
4 the Commission.
5 (9) The Executive Director must submit to the Commission
6 and the General Assembly an annual report on the conduct of
7 the office and any other reports requested by the Commission
8 on the conduct of the office.
9 (10) (i) A complainant shall not be penalized in any way
10 by an official or the Department as a result of filing a
11 complaint or cooperating with the Executive Director or the
12 Commission in investigating a complaint.
13 (ii) A person or the Department may not hinder the
14 lawful actions of the Executive Director or employees of
15 the office, or wilfully refuse to comply with lawful
16 request of the office.
17 (11) As used in this Section:
18 (i) "Administrative act" includes an action,
19 omission, decision, recommendation, practice, or other
20 procedure of the Department.
21 (ii) "Commission" means the Prison Oversight
22 Commission established under this Section.
23 (iii) "Department" means the Department of
24 Corrections.
25 (iv) "Office" means the Office of the Executive
26 Director created under this Section.
27 (v) "Executive Director" means the Executive
28 Director of the Prison Oversight Commission.
29 (vi) "Prisoner" means a person committed to or
30 under the jurisdiction of the Department.
31 (vii) "Official" means an official or employee of
32 the Department of Corrections.