100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0391
 
Introduced , by Rep. Thomas M. Bennett
 
SYNOPSIS AS INTRODUCED:






730 ILCS 5/3-10-8 from Ch. 38, par. 1003-10-8

 Amends the Unified Code of Corrections. Provides that no person committed to the Department of Juvenile Justice may be isolated for disciplinary reasons for more than 15 consecutive days (rather than 7 consecutive days) nor more than 30 days (rather than 15 days) out of any 45 day period (rather than 30 day period) except in cases of violence or attempted violence committed against another person or property when an additional period of isolation for disciplinary reasons is approved by the chief administrative officer. Effective immediately.



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A BILL FOR
 


HB0391LRB100 05441 SLF 15452 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-10-8 as follows:



6 (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)


7 Sec. 3-10-8. Discipline.)
8 (a)(1) Corporal punishment and
disciplinary restrictions 
9on diet, medical or sanitary facilities,
clothing, bedding or 
10mail are prohibited, as are reductions in
the frequency of use 
11of toilets, washbowls and showers. 

12 (2) Disciplinary restrictions on visitation, work, 
13education
or program assignments, the use of toilets, washbowls

14and showers shall be related as closely as practicable to
abuse 
15of such privileges or facilities. This paragraph shall
not 
16apply to segregation or isolation of persons for purposes
of 
17institutional control.

18 (3) No person committed to the Department of Juvenile 
19Justice may be
isolated for disciplinary reasons for more than 
2015 7 consecutive
days nor more than 30 15 days out of any 45 30 
21day period except in
cases of violence or attempted violence 
22committed against
another person or property when an additional 
23period of
isolation for disciplinary reasons is approved by the 
 
 
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1chief
administrative officer. A person who has been isolated 
2for
24 hours or more shall be interviewed daily by his staff

3counselor or other staff member.

4 (b) The Department of Juvenile Justice shall establish 
5rules and
regulations governing disciplinary practices, the 
6penalties
for violation thereof, and the disciplinary 
7procedure by which
such penalties may be imposed. The rules of 
8behavior shall be
made known to each committed person, and the 
9discipline shall
be suited to the infraction and fairly 
10applied.

11 (c) All disciplinary action imposed upon persons in

12institutions and facilities of the Department of Juvenile 
13Justice shall
be consistent with this Section and Department 
14rules and
regulations adopted hereunder.

15 (d) Disciplinary action imposed under this Section shall be

16reviewed by the grievance procedure under Section 3-8-8.

17 (e) A written report of any infraction for which discipline

18is imposed shall be filed with the chief administrative officer

19within 72 hours of the occurrence of the infraction or the

20discovery of it and such report shall be placed in the file
of 
21the institution or facility.

22 (f) All institutions and facilities of the Department of 
23Juvenile Justice
shall establish, subject to the approval of 
24the Director of Juvenile Justice,
procedures for disciplinary 
25cases except those that may
involve the imposition of 
26disciplinary isolation; delay in
referral to the Parole and 
 
 
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1Pardon Board or a change in work,
education or other program 
2assignment of more than 7 days duration.

3 (g) In disciplinary cases which may involve the imposition

4of disciplinary isolation, delay in referral to the Parole
and 
5Pardon Board, or a change in work, education or other
program 
6assignment of more than 7 days duration, the Director
shall 
7establish disciplinary procedures consistent with the

8following principles:

9  (1) Any person or persons who initiate a disciplinary 
10 charge
against a person shall not decide the charge. To the 
11 extent
possible, a person representing the counseling 
12 staff of the
institution or facility shall participate in 
13 deciding the
disciplinary case.

14  (2) Any committed person charged with a violation of

15 Department rules of behavior shall be given notice of the

16 charge including a statement of the misconduct alleged and 
17 of
the rules this conduct is alleged to violate.

18  (3) Any person charged with a violation of rules is 
19 entitled
to a hearing on that charge at which time he shall 
20 have an
opportunity to appear before and address the person 
21 or persons
deciding the charge.

22  (4) The person or persons deciding the charge may also 
23 summon
to testify any witnesses or other persons with 
24 relevant
knowledge of the incident. The person charged may 
25 be
permitted to question any person so summoned.

26  (5) If the charge is sustained, the person charged is 
 
 
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1 entitled
to a written statement of the decision by the 
2 persons deciding
the charge which shall include the basis 
3 for the decision and
the disciplinary action, if any, to be 
4 imposed.

5  (6) A change in work, education, or other program 
6 assignment
shall not be used for disciplinary purposes 
7 except as provided
in paragraph (a) of the Section and then 
8 only after review and
approval under Section 3-10-3.

9(Source: P.A. 94-696, eff. 6-1-06.)



10 Section 99. Effective date. This Act takes effect upon 
11becoming law.