Bill Amendment: IL HB3738 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: YOUTH SOLITARY CONFINEMENT

Status: 2022-12-19 - Added as Alternate Co-Sponsor Sen. Ann Gillespie [HB3738 Detail]

Download: Illinois-2021-HB3738-House_Amendment_003.html

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Rep. Suzanne Ness

Filed: 2/28/2022

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AMENDMENT TO HOUSE BILL 3738
AMENDMENT NO. ______. Amend House Bill 3738 on page 1, by
replacing lines 10 and 11 with the following:
"Section 10. Covered juvenile confinement.
(a) In this Act:
"Administrative hold" means the status assigned to a
covered juvenile who is temporarily being housed in a
particular covered juvenile center and includes, but is not
limited to: a covered juvenile awaiting transfer to the
Department of Corrections or another juvenile detention
center, a covered juvenile permanently assigned to another
juvenile detention center being temporarily housed for
purposes of attending court, the covered juvenile awaiting
release, and the covered juvenile who was transferred to the
Department of Corrections by mistake.
"Behavioral hold" means the status assigned to a covered
juvenile who is confined to the covered juvenile's own room or
another area because he or she is engaging in dangerous

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behavior that poses a serious and immediate threat to his or
her own safety, the safety of others, or the security of the
juvenile detention center.
"Chief administrative officer" means the highest ranking
official of a juvenile detention center.
"Confinement" means any instance when an individual
covered juvenile is held for 15 minutes or more in a room,
cell, or other area separated from other covered juveniles.
Confinement may occur in locked or unlocked rooms.
"Confinement" includes an administrative hold, behavioral
hold, or investigative status. "Confinement" does not include
situations when a covered juvenile requests to go to his or her
room, the movement of the covered juvenile between offices and
classrooms while attending school, a covered juvenile who
receives individual counseling or other therapeutic services,
or staff who are in ongoing continuous conversation or
processing with the covered juvenile such as a cool down.
"Covered juvenile" means any person under"; and
on page 1, by inserting immediately after line 15 the
following:
""Investigative status" meaning a status assigned to a
covered juvenile for whom confinement is necessary for the
efficient and effective investigation of a Tier 2 or Tier 3
offense, as defined in the Department of Juvenile Justice's
Administrative Directive 04.01.140.

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"Tier 2" or "Tier 3" offense means a major rules violation
that results in immediate disciplinary consequences that are
assigned by the staff of the facility reporting the
violation."; and
on page 1, by inserting immediately after line 21 the
following:
"(b-5) A covered juvenile may be placed on an
administrative hold and confined when temporarily being housed
in a particular juvenile detention center or for
administrative or security purposes as personally determined
by the chief administrative officer.
(b-6) Placement on administrative hold shall be subject to
the following time limitations:
(1) when the covered juvenile is awaiting transfer to
the Department of Corrections or a more secure setting,
the administrative hold may not exceed 3 business days;
and
(2) the administrative hold may not exceed 7 calendar
days when the covered juvenile is temporarily transferred
to a different facility for the purposes of placement
interviews, court appearances, or medical treatment.
(b-7) Whenever a covered juvenile is on an administrative
hold, the Department shall provide the covered juvenile with
access to the same programs and services received by covered
juveniles in the general population. Any restrictions on

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movement or access to programs and services shall be
documented and justified by the chief administrative
officer.".