SB 2197

Abstract

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice Office of Independent Juvenile Ombudsman also shall be ombudsman for county-operated juvenile detention centers. Provides that the Ombudsman shall secure the rights of youth committed to county-operated juvenile detention centers. Provides that, with respect to county-operated juvenile detention centers, the Ombudsman shall report to a local commission concerning: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman; and (3) any recommendations that the 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. Also provides for the reporting of this information with respect to county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and shall make the data publicly available. Provides that the commission shall be established by ordinance of the county board of the county in which the county-operated juvenile detention center is located, and, at a minimum, shall include the chief judge, the State's Attorney, the Public Defender, a correctional administrator, and an advocate for justice system impacted families and individuals. Provides that, to the extent that any county-operated juvenile detention center provides services to counties beyond the one in which it is located, the Independent Juvenile Ombudsman shall also provide a copy of the data to the county boards of the counties served by the county-operated juvenile detention center. Senate Committee Amendment No. 1 Provides that for cases that arise in county-operated juvenile detention centers, the Independent Juvenile Ombudsman shall report the data to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts concerning: (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 county-operated juvenile detention center program or operation; (3) serious problems concerning the delivery of services in a county-operated juvenile detention center; (4) interference by the county-operated juvenile detention center with an investigation conducted by the Office of the Independent Juvenile Ombudsman; and (5) other cases as deemed necessary by the Ombudsman. Provides that with respect to county-operated juvenile detention centers, the Ombudsman shall provide data responsive to: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman, but the data 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 county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly 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. Senate Floor Amendment No. 3 Provides that "county-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. Adds a January 1, 2025 effective date to the bill. House Committee Amendment No. 1 Deletes reference to: 730 ILCS 5/3-2.7-1 Restores the name of the Law to the Department of Juvenile Justice Independent Juvenile Ombudsman Law. Changes the definition of "county-operated juvenile detention center" to any shelter care home or detention home as "shelter" and "detention" are defined in 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. Provides that a "county-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. Provides that 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 the Department of Juvenile Justice Independent Juvenile Ombudsman Law. Provides that the Department of Juvenile Justice and county-operated juvenile detention centers shall provide the Independent Juvenile Ombudsman unrestricted access to any other files of youth in the custody of county-operated juvenile detention centers.