Substitute Senate Bill No. 89, also known as Public Act No. 26-10, seeks to enhance the standards for preventing and addressing sexual abuse in correctional facilities in alignment with the Prison Rape Elimination Act (PREA). Effective January 1, 2024, the bill mandates that all executive branch agencies and political subdivisions responsible for detaining adult or juvenile offenders adhere to updated PREA standards. Key provisions include a zero-tolerance policy for sexual abuse, improved protections for vulnerable detainees, and requirements for training both staff and inmates. The bill also establishes new obligations for reporting and investigating incidents of sexual abuse, including mandatory reporting to the newly created Office of the Correction Ombuds.

The bill introduces significant changes to the responsibilities of the Office of the Correction Ombuds, including the ability for incarcerated individuals and Department of Correction employees to complete and return surveys in written or electronic formats. It requires that no survey be distributed to employees without prior review and comment from relevant bargaining units. Additionally, the Ombuds will now be responsible for receiving and reviewing reports or complaints of sexual assault, replacing the previous provision (J) with a new (J) and updating subsequent numbering. The bill also retains the responsibility of evaluating health care services for incarcerated individuals, now designated as (K). These amendments aim to bolster oversight and accountability within the Department of Correction.

Statutes affected:
Governor's Bill: 18-81cc
JUD Joint Favorable Substitute: 18-81cc
File No. 557: 18-81cc
Public Act No. 26-10: 18-81cc