§ 3-2.7-25 — Duties and powers

Illinois § 3-2.7-25

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 730: CORRECTIONS
• Act 730 ILCS 5/: Unified Code of Corrections.
• Art.: Chapter III - Department Of Corrections

Text

(a) The Independent Juvenile Ombudsperson 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 the Ombudsperson's duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's 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 Ombudsperson. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsperson to meet confidentially with youth and otherwise in performance of the Ombudsperson's duties under this Article. (b) The Office of Independent Juvenile Ombudsperson 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 Ombudsperson 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 Ombudsperson. (d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson 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 Ombudsperson 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 Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (e) In performance of the Ombudsperson's duties, the Ombudsperson 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 Ombudsperson 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 the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.

Legislative History

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24 .)