Illinois 2025-2026 Regular Session

Illinois House Bill HB3316

Introduced
2/6/25  

Caption

CD CORR-DEPT OMBUDSPERSON

Summary

HB3316 creates an independent Department of Corrections Ombudsperson Bureau within the Illinois Department of Corrections. The bill requires the Governor to appoint a bureau director within 30 days of the act’s effective date, authorizes the bureau to hire staff and adopt rules, and gives the ombudsperson authority to receive, investigate, and attempt to resolve complaints involving violations of law, rule, or department policy, as well as conduct that endangers health or safety. It also requires the ombudsperson to report findings to complainants, issue monthly summaries of substantiated complaints, and provide an annual report to the Governor, General Assembly, and DOC director. The bill also establishes access and confidentiality provisions to support investigations. The ombudsperson would have access to offender records relevant to a complaint, immediate access to correctional facilities, and access to relevant records held by state or local agencies. Complaint identities are generally protected from disclosure, and communications with the ombudsperson are privileged. The bill excludes certain matters from the bureau’s jurisdiction, including Department employee employment disputes and alleged violations of the State Officials and Employees Ethics Act, which must be referred to the Office of the Inspector General. HB3316 amends the Criminal Code of 2012 to create the offense of obstruction of the Ombudsperson, a Class A misdemeanor. The offense covers intentionally interfering with the ombudsperson’s work, offering compensation to influence an investigation, retaliating against a complainant or witness, and making threats tied to an investigation. The bill also provides immunity from civil or criminal liability, and from professional disciplinary action, for persons acting in good faith in connection with the ombudsperson’s duties. The bill’s impact on state law is to add a new oversight structure inside the corrections system and to expand legal protections for people who report concerns about prison conditions or misconduct. It would also impose new duties on the Department of Corrections and other public entities to cooperate with investigations, while creating a criminal penalty for interference. In practical terms, the measure would strengthen external-style oversight of correctional facilities while keeping the bureau administratively within the Department. There is no recorded committee transcript or vote history provided with the bill, so no formal legislative sentiment can be measured from the available materials. Based on the bill text alone, the proposal appears aimed at improving accountability, transparency, and safety in correctional facilities. Likely points of contention would include the bureau’s independence while remaining inside DOC, the scope of its investigatory authority, mandatory access to records and facilities, and the new misdemeanor penalty for obstruction.

Impact

HB3316 would amend the Unified Code of Corrections to create a new Department of Corrections Ombudsperson Bureau and add a new article governing its powers, duties, access rights, confidentiality rules, reporting requirements, and rulemaking authority. It would also amend the Criminal Code of 2012 to add a new Class A misdemeanor for obstruction of the ombudsperson. The bill would affect the Department of Corrections, incarcerated people who file complaints, DOC employees, state and local agencies holding relevant records, and anyone who interferes with or retaliates against an investigation.

Sentiment

No committee discussion or vote record was provided, so there is no documented legislative sentiment from hearings or roll calls. From the bill text, the measure is framed as a correctional oversight and accountability proposal, suggesting a generally reform-oriented purpose. The absence of recorded opposition or support in the provided materials means any assessment of sentiment is limited to the bill’s apparent intent rather than actual legislative reaction.

Contention

The main potential points of contention are the independence and placement of the bureau, since it is established as a separate bureau within the Department of Corrections rather than as a fully external agency. Another likely issue is the breadth of the ombudsperson’s access to offender records, correctional facilities, and records held by other agencies, along with confidentiality and privilege provisions. The new obstruction offense and anti-retaliation language may also draw scrutiny from DOC staff, administrators, or others concerned about criminal liability and the scope of protected conduct.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.