Substitute Senate Bill No. 1541, also known as Public Act No. 25-161, significantly revises the structure and responsibilities of the Office of the Correction Ombuds. Key changes include extending the term of the Correction Ombuds from two years to four years, aligning it with the Governor's term starting January 6, 2027. The definition of "ombuds services" is expanded to encompass evaluating services for incarcerated individuals, reviewing nonemergency procedures, and conducting unannounced site visits to correctional facilities. The Ombuds will now receive communications from incarcerated individuals at no cost and can conduct surveys without prior approval from the Department of Correction. The bill also enhances the Ombuds' independence by allowing them to appoint staff and ensuring that the Governor cannot reduce the office's funding.

Additionally, the bill introduces new confidentiality provisions, protecting communications between the Ombuds and incarcerated individuals from disclosure under the Freedom of Information Act, with certain exceptions. It grants the Ombuds the authority to issue subpoenas and requires them to notify the Commissioner of serious threats. The bill mandates that the Ombuds provide the Commissioner an opportunity to investigate complaints before making them public and requires a public decision on the merits of each complaint. Furthermore, it establishes new requirements for correction officers to report excessive or illegal use of force, prohibits retaliation against those who cooperate with the Ombuds, and outlines a streamlined process for individuals seeking to have their criminal history records erased. Overall, the bill aims to enhance oversight and accountability within the Department of Correction while safeguarding the rights of incarcerated individuals.

Statutes affected:
Raised Bill: 18-81qq, 18-81nn, 4-160
JUD Joint Favorable Substitute: 18-81jj, 18-81qq, 1-24, 18-81nn
File No. 800: 18-81jj, 18-81qq, 1-24, 18-81nn
APP Joint Favorable: 18-81jj, 18-81qq, 1-24, 18-81nn
Public Act No. 25-161: 18-81qq, 1-24, 18-81nn