Bill Text: IL HB0259 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Creates the Isolated Confinement Restriction Act. Restricts the use of isolated confinement in correctional facilities in the State. Provides that a committed person shall not be placed in isolated confinement unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to himself, herself, or another, and a less restrictive intervention would be insufficient to reduce this risk and the correctional facility shall bear the burden of establishing this standard. Provides that a committed person shall not be placed in isolated confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician. Defines "clinician" as: (1) a physician who is licensed to practice medicine in all of its branches and is certified in psychiatry by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry, or has completed 4 years of an accredited post-graduate training program in psychiatry; or (2) a licensed clinical psychologist. Provides that a committed person held in emergency confinement shall receive an initial medical and mental health evaluation within 2 hours. Establishes conditions in which a committed person may be placed in protective custody. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2018, except that the Department of Corrections rules provisions are effective immediately.
Spectrum: Partisan Bill (Democrat 23-1)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0259 Detail]
Download: Illinois-2017-HB0259-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Isolated Confinement Restriction Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Correctional facility" means any State correctional | ||||||
8 | facility or county correctional facility, and any State, county | ||||||
9 | or private facility detaining persons under any | ||||||
10 | intergovernmental service agreement or other contract with any | ||||||
11 | State, county, or federal agency, including, but not limited | ||||||
12 | to, United States Immigration and Customs Enforcement. | ||||||
13 | "Facility administrator" means the chief operating | ||||||
14 | officer, senior administrative designee, or warden of a | ||||||
15 | correctional facility. | ||||||
16 | "Isolated confinement" means confinement of a committed | ||||||
17 | person in a correctional facility in a cell or confined living | ||||||
18 | space, alone or with other inmates, for more than 20 hours in | ||||||
19 | any 24-hour period. | ||||||
20 | "Protective custody" means confinement of a committed | ||||||
21 | person in a cell or confined living space under conditions | ||||||
22 | necessary to protect the committed person or others.
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1 | Section 10. Restrictions on the use of isolated | ||||||
2 | confinement. | ||||||
3 | (a) Except as provided in subsection (b) of this Section, | ||||||
4 | the use of isolated confinement in correctional facilities in | ||||||
5 | this State shall be restricted as follows: | ||||||
6 | (1) A committed person may not be placed in isolated | ||||||
7 | confinement for more than 10 consecutive days.
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8 | (2) A committed person may not be placed in isolated | ||||||
9 | confinement for more than 10 days in any 180-day period. | ||||||
10 | (3) While out of cell, committed persons may have | ||||||
11 | access to activities, including but not limited to: job | ||||||
12 | assignments, educational classes, vocational classes, | ||||||
13 | meals, recreation, yard or gymnasium, day room, medical | ||||||
14 | appointments, visits, and group therapy. | ||||||
15 | (b) Isolated confinement shall be permitted if the facility | ||||||
16 | administrator determines that a committed person should be | ||||||
17 | placed in protective custody. The facility administrator's use | ||||||
18 | of protective custody is limited as follows: | ||||||
19 | (1) The committed person may be placed in protective | ||||||
20 | custody only with informed, voluntary written consent of | ||||||
21 | the committed person.
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22 | (2) A committed person in protective custody may opt | ||||||
23 | out of that status by providing informed, voluntary, | ||||||
24 | written refusal of that status. | ||||||
25 | (c) Nothing in this Act is intended to restrict any rights | ||||||
26 | or privileges a committed person may have under any other |
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1 | statute, rule, or regulation.
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2 | Section 15. Data publication.
The Department of | ||||||
3 | Corrections shall post on the Department's official website | ||||||
4 | quarterly reports on the use of isolated confinement. Those | ||||||
5 | reports shall include data on the use of isolated confinement | ||||||
6 | by age, sex, gender identity, ethnicity, incidence of mental | ||||||
7 | illness, and type of confinement status, at each facility; | ||||||
8 | these reports shall include the population on the last day of | ||||||
9 | each quarter and a non-duplicative cumulative count of persons | ||||||
10 | exposed to isolated confinement for each fiscal year. These | ||||||
11 | reports shall include the incidence of emergency confinement, | ||||||
12 | self-harm, suicide, and assault in any isolated confinement | ||||||
13 | unit, as well as explanations for each instance of | ||||||
14 | facility-wide lockdown. These reports shall include data on the | ||||||
15 | access to health care, including the time it takes for a | ||||||
16 | confined person to access medical care following a request and | ||||||
17 | the time between routine mental and physical checkups. These | ||||||
18 | reports shall not include personally identifiable information | ||||||
19 | regarding any committed person.
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20 | Section 105. The Unified Code of Corrections is amended by | ||||||
21 | changing Section 3-8-7 as follows:
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22 | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
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23 | Sec. 3-8-7. Disciplinary Procedures. ) |
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1 | (a) All disciplinary action shall be consistent with this
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2 | Chapter. Rules of
behavior and conduct, the penalties for | ||||||
3 | violation thereof,
and the disciplinary procedure by which such | ||||||
4 | penalties may
be imposed shall be available to committed | ||||||
5 | persons.
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6 | (b)(1) Corporal punishment and disciplinary
restrictions | ||||||
7 | on diet, medical or sanitary facilities, mail or access to | ||||||
8 | legal
materials are
prohibited.
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9 | (2) (Blank).
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10 | (3) (Blank).
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11 | (c) Review of disciplinary action imposed under this
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12 | Section shall be provided by means of the grievance
procedure | ||||||
13 | under Section 3-8-8. The Department shall provide a disciplined
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14 | person with a review of his or her disciplinary action in a | ||||||
15 | timely manner as
required by law.
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16 | (d) All institutions and facilities of the Department of | ||||||
17 | Corrections shall establish, subject to the approval of the
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18 | Director, procedures for hearing disciplinary cases except
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19 | those that may involve the imposition of disciplinary
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20 | segregation and isolation; the loss of good time credit under | ||||||
21 | Section
3-6-3 or eligibility to earn good time credit.
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22 | (e) In disciplinary cases which may involve the imposition
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23 | of disciplinary segregation and isolation, the loss of good | ||||||
24 | time credit or
eligibility to earn good time credit, the | ||||||
25 | Director shall establish disciplinary
procedures consistent | ||||||
26 | with the following principles:
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1 | (1) Any person or persons who initiate a disciplinary
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2 | charge against a person shall not determine the disposition
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3 | of the charge. The Director may establish one or more
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4 | disciplinary boards to hear and determine charges.
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5 | (2) Any committed person charged with a violation of
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6 | Department rules of behavior shall be given notice of the
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7 | charge including a statement of the misconduct alleged and
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8 | of the rules this conduct is alleged to violate.
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9 | (3) Any person charged with a violation of rules is
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10 | entitled to a hearing on that charge at which time he shall
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11 | have an opportunity to appear before and address the person
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12 | or persons deciding the charge.
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13 | (4) The person or persons determining the disposition | ||||||
14 | of
the charge may also summon to testify any witnesses or | ||||||
15 | other
persons with relevant knowledge of the incident.
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16 | (5) If the charge is sustained, the person charged is
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17 | entitled to a written statement of the decision by the
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18 | persons determining the disposition of the charge which
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19 | shall include the basis for the decision and the | ||||||
20 | disciplinary
action, if any, to be imposed.
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21 | (6) (Blank).
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22 | (f) In disciplinary cases which may involve the imposition | ||||||
23 | of segregation and isolation, isolated confinement, or | ||||||
24 | restrictive housing, the Director shall establish disciplinary | ||||||
25 | procedures consistent with the Isolated Confinement | ||||||
26 | Restriction Act. |
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1 | (Source: P.A. 97-1083, eff. 8-24-12.)
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2 | Section 999. Effective date. This Act takes effect January | ||||||
3 | 1, 2018, except that this Section and Section 15 take effect | ||||||
4 | upon becoming law.
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