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HB 3316

CD CORR-DEPT OMBUDSPERSON

104th Regular Session Introduced by Rita Mayfield

Creates an independent Department of Corrections Ombudsperson Bureau to receive, investigate, and resolve complaints about DOC policy, laws, or health/safety concerns.

Referred to Rules Committee
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Bill Summary · HB 3316

Summary: HB 3316 (CD CORR-DEPT OMBUDSPERSON)

Overview

HB 3316 amends the Unified Code of Corrections and the Criminal Code of 2012 to create a new, independent Department of Corrections (DOC) Ombudsperson Bureau within the DOC. The bill establishes a Director of the Bureau appointed by the Governor and authorizes the Ombudsperson to receive, investigate, and attempt to resolve complaints alleging violations of law, rule, or DOC policy, or threats to health or safety. It also creates a new criminal offense for obstruction of the Ombudsperson. A companion measure exists in SB 1288.

Status: Referred to Rules Committee. Introduced February 18, 2025 (printed version shows filed February 25, 2025). Related actions include standard first-reading and committee referrals.

Purpose and intent

  • To provide independent oversight of the Department of Corrections by establishing a dedicated Ombudsperson and Bureau.
  • To empower the Ombudsperson to investigate complaints concerning violations of laws, rules, or DOC policy and to protect health and safety.
  • To create accountability mechanisms, including a new obstruction offense, and to formalize access and reporting requirements.

Key provisions

Establishment and governance

  • The Department of Corrections Ombudsperson Bureau is created as a separate bureau within the DOC.
  • A Director of the Bureau is to be appointed by the Governor within 30 days after the act’s effective date, with a successor appointment within 30 days of a vacancy. The Director serves at the Governor’s pleasure.
  • The Director may employ technical experts and other staff but may not hire someone who has been employed by the Department in the preceding year.
  • The DOC is required to provide and maintain office space for the Bureau.

Ombudsperson duties and authorities

  • The Ombudsperson can receive, investigate, and attempt to resolve complaints alleging: 1) violation of a specific law, rule, or DOC written policy; or 2) endangerment to the health or safety of any person.
  • The Ombudsperson cannot investigate complaints from DOC employees about their own employment relationship or complaints alleging violations of the State Officials and Employees Ethics Act; potential ethics issues must be referred to the Office of the Inspector General.
  • At the conclusion of investigations, the Ombudsperson must report findings to the complainant; if not investigating, the Ombudsperson must notify the complainant with reasons.
  • The Ombudsperson must prepare a monthly report summarizing substantiated findings and other relevant investigations.
  • Investigations may cover alleged violations of DOC policy, state/federal laws, and DOC rules at any DOC facility.
  • The Ombudsperson may recommend policy or practice changes to the Director based on investigation findings.

Access, records, and immunity

  • The Ombudsperson is granted:
    • Appropriate access to offenders’ records who file complaints, and immediate access to any DOC facility.
    • Access to records held by state or local agencies relevant to complaints or investigations.
    • Immunity from civil/criminal liability and from professional disciplinary actions for acts performed within the scope of duties.
  • If the Ombudsperson uncovers evidence reasonably believed to indicate a crime, the Director must investigate and, where appropriate, report to law enforcement (with steps specified for cases involving non-offenders vs. other individuals).

Obstruction and enforcement

  • New criminal offense: Obstruction of the Ombudsperson (720 ILCS 5/31-10 new).
    • Class A misdemeanor.
    • Applies to intentionally interfering with the Ombudsperson’s work, offering compensation to influence investigations, retaliation against informants, or making threats related to an investigation or those providing information.

Affected entities and individuals

  • Department of Corrections (organization and facilities)
  • DOC inmates/offenders and individuals reporting complaints
  • DOC employees (subject to the Ombudsperson’s oversight; certain complaints excluded)
  • Potential witnesses or information providers to the Ombudsperson
  • Other state/local agencies via record access

Procedural and timeline aspects

  • Legislative actions show multiple steps: filed February 2025, introduced mid-February 2025, read first time and referred to committees, with initial action on March 21, 2025.
  • Governor-appointed Director required within 30 days of the act’s effective date; successor appointment within 30 days of vacancy.
  • Monthly Ombudsperson reports on substantiated findings; immediate reporting to law enforcement if crime is suspected and appropriate.
  • The Ombudsperson Bureau becomes a standalone bureau, with defined access and immunity provisions to support independent activity.

Potential impact and considerations

  • Increased external-like oversight inside the DOC, potentially improving transparency and accountability regarding policies and health/safety issues.
  • Creation of a new legal framework and personnel structure within the DOC, with budgetary and administrative implications for office space and staffing.
  • New obstruction misdemeanor may deter interference or retaliation related to Ombudsperson investigations.
  • Implementation will require clear coordination with law enforcement, the Office of the Inspector General (for ethics concerns), and other state agencies to manage records access and reporting obligations.

Related measures

  • Companion bill SB 1288 (same subject matter) as referenced in the bill’s information.

Compiled from official sources — confirm details with the bill’s official record.

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