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Full Text of HB1643
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HB1643 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1643
Introduced 1/28/2025, by Rep. Kevin John Olickal
SYNOPSIS AS INTRODUCED:
See Index
Amends the Unified Code of Corrections. Creates the Department of
Corrections Independent Ombudsperson Law. Provides that the Corrections
Oversight Committee shall appoint the Independent Corrections
Ombudsperson. Provides that the Independent Corrections Ombudsperson shall
serve a term of 6 years and may be only removed from office by the Governor
for cause. Provides that the Independent Corrections Ombudsperson shall
not be a current or former employee of the Department of Corrections, the
Department of Juvenile Justice, or a contractor for those departments.
Establishes the duties of the Independent Corrections Ombudsperson.
Provides that the Independent Corrections Ombudsperson shall: (1) monitor
and inspect facilities of the Department of Corrections; (2) investigate
unresolved complaints from committed persons, their families, and
corrections staff regarding correctional facility conditions and treatment
of committed persons; (3) create a uniform reporting system and collect
and analyze data related to deaths, suicides, sexual and physical
assaults, lockdowns, staff vacancies and committed persons-to-staff
ratios, visits to committed persons, and use of solitary confinement in
correctional facilities; (4) conduct regular inspections of correctional
facilities at least once every year for facilities not meeting standards,
and at least once every 36 months for facilities that are meeting
standards; and (5) publicly issue periodic facility inspection reports and
an annual report with recommendations and a summary of data. Establishes
other duties of the Independent Corrections Ombudsperson. Provides that
the Independent Corrections Ombudsperson shall report regularly on its
activities, investigations, and inspections, including an annual report,
which shall be presented to and discussed at a meeting of the Corrections
Oversight Committee and make other reports on topics of special interest.
Provides that all reports of the Independent Corrections Ombudsperson
shall be made available to the public online and provided to the Director
of Corrections, the Governor, the Attorney General, and the House and
Senate Judiciary Committees. Effective July 1, 2026.
LRB104 08512 HLH 18564 b
A BILL FOR
HB1643
LRB104 08512 HLH 18564 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Unified Code of Corrections is amended by
5
adding Article 2.8 to Chapter III as follows:
6
(730 ILCS 5/Ch. III Art. 2.8 heading new)
7
ARTICLE 2.8.
DEPARTMENT OF CORRECTIONS INDEPENDENT
8
OMBUDSPERSON
9
(730 ILCS 5/3-2.8-1 new)
10
Sec. 3-2.8-1.
Short title.
This Article may be cited as
11
the Department of Corrections Independent Ombudsperson Law.
12
(730 ILCS 5/3-2.8-2 new)
13
Sec. 3-2.8-2.
Purpose.
The General Assembly finds that to
14
increase transparency and accountability in the State
15
corrections system, an Independent Corrections Ombudsperson's
16
office should be created to investigate complaints, inspect
17
correctional facilities, and recommend improvements in this
18
State's corrections system.
19
(730 ILCS 5/3-2.8-3 new)
20
Sec. 3-2.8-3.
Appointment of Independent Corrections
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LRB104 08512 HLH 18564 b
1
Ombudsperson.
The Corrections Oversight Committee created by
2
the Independent Corrections Oversight Committee Act shall
3
appoint the Independent Corrections Ombudsperson. The
4
Independent Corrections Ombudsperson shall serve a term of 6
5
years and may be only removed from office by the Governor for
6
cause. The Independent Corrections Ombudsperson shall not be a
7
current or former employee of the Department of Corrections,
8
the Department of Juvenile Justice, or a contractor for those
9
Departments.
10
(730 ILCS 5/3-2.8-4 new)
11
Sec. 3-2.8-4.
Independent Corrections Ombudsperson's
12
duties.
13
(a) The Independent Corrections Ombudsperson shall:
14
(1) monitor and inspect facilities of the Department
15
of Corrections;
16
(2) investigate unresolved complaints from committed
17
persons, their families, and corrections staff regarding
18
correctional facility conditions and treatment of
19
committed persons;
20
(3) create a uniform reporting system and collect and
21
analyze data related to deaths, suicides, sexual and
22
physical assaults, lockdowns, staff vacancies and
23
committed persons-to-staff ratios, visits to committed
24
persons, and use of solitary confinement in correctional
25
facilities;
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LRB104 08512 HLH 18564 b
1
(4) conduct regular inspections of correctional
2
facilities at least once every year for facilities not
3
meeting standards, and at least once every 36 months for
4
facilities that are meeting standards; and
5
(5) publicly issue periodic facility inspection
6
reports and an annual report with recommendations and a
7
summary of data.
8
(b) The Independent Corrections Ombudsperson may:
9
(1) access and inspect any correctional facility at
10
any time, with or without prior notice to the Department
11
of Corrections or facility officials;
12
(2) have confidential and privileged interviews with
13
any corrections staff or committed person;
14
(3) access and review any Department of Corrections
15
documents related to correctional facility operations or
16
complaints received;
17
(4) establish a telephone hotline and complaint
18
submission forms for committed persons, their family
19
members, and corrections staff to use to submit complaints
20
to the Independent Corrections Ombudsperson via the
21
Internet, submission of a paper form, or submission of the
22
form via a secure, confidential Intranet system inside the
23
correctional facility.
24
(c) The Department of Corrections must respond in writing
25
within 20 days with a corrective action plan. The Independent
26
Corrections Ombudsperson shall monitor the Department's
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1
compliance with corrective action plans issued in response to
2
inspection reports and recommendations.
3
(d) The Independent Corrections Ombudsperson shall
4
promptly respond to complaints and explain in writing any
5
decisions not to take action. The Independent Corrections
6
Ombudsperson shall treat complaints received as confidential
7
and protect the anonymity of people submitting complaints. The
8
Independent Corrections Ombudsperson shall initiate
9
investigations, on the Independent Corrections Ombudsperson's
10
own or in response to requests from corrections staff or
11
committed persons or their families, relating to correctional
12
facility conditions, abuse, or neglect, Department of
13
Corrections decisions or actions or omissions, policies,
14
rules, or procedures, or alleged legal violations by
15
correctional staff that adversely affect the health, safety,
16
welfare, and rights of committed persons.
17
(e) The Independent Corrections Ombudsperson shall issue a
18
decision on any investigations to the committed person
19
involved and to the Department of Corrections, with an
20
explanation of its decision and recommendations.
21
(f) The Independent Corrections Ombudsperson shall request
22
that the Department of Corrections respond to an Ombudsperson
23
decision on an investigation in writing, with an explanation
24
of the Department's action or inaction on the Independent
25
Corrections Ombudsperson's recommendations.
26
(g) The Independent Corrections Ombudsperson shall report
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1
significant committed persons' health, safety, welfare, and
2
rehabilitation issues to the Governor, Attorney General, the
3
Director of Corrections, and the House and Senate Judiciary
4
Committees.
5
(h) The Department of Corrections, its employees, or
6
contractors may not terminate its employees nor retaliate
7
against any person who submits a complaint to the Independent
8
Corrections Ombudsperson. If the Department of Corrections
9
discharges an employee in retaliation for making complaints to
10
the Independent Corrections Ombudsperson, the terminated
11
employee may seek back-pay in a civil action against the
12
Department.
13
(i) The Independent Corrections Ombudsperson shall report
14
regularly on its activities, investigations, and inspections,
15
including an annual report, which shall be presented to and
16
discussed at a meeting of the Corrections Oversight Committee
17
and make other reports on topics of special interest. All
18
reports of the Independent Corrections Ombudsperson shall be
19
made available to the public online and provided to the
20
Director of Corrections, the Governor, the Attorney General,
21
and the House and Senate Judiciary Committees.
22
(j) The Independent Corrections Ombudsperson may hire
23
staff and unpaid volunteers and contract with experts to help
24
perform the Independent Corrections Ombudsperson's duties.
25
Section 99.
Effective date.
This Act takes effect July 1,
26
2026.
HB1643
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1
INDEX
2
Statutes amended in order of appearance
3
730 ILCS 5/Ch. III Art.
4
2.8 heading new
5
730 ILCS 5/3-2.8-1 new
6
730 ILCS 5/3-2.8-2 new
7
730 ILCS 5/3-2.8-3 new
8
730 ILCS 5/3-2.8-4 new
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