Bill Text: IL HB4828 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Creates the Restrictive Housing Data Publication and Verification Act. Provides that beginning on January 1, 2025, the Department of Corrections shall post quarterly reports on the use of restrictive housing on the Department's official website. Provides for the information that must be included in the reports. Provides that the reports shall not include personally identifiable information regarding any committed person. Provides that beginning on January 1, 2025, the Department of Corrections shall compile an annual report summarizing the data collected under this Section and shall submit the annual report to the Governor and the General Assembly, and shall make the annual report available to the public. Provides that the report shall be made available on the Department of Corrections website, beginning January 1, 2025. Defines "restrictive housing". Provides that the Department of Corrections shall implement procedures to ensure the accuracy and reliability of the data collected under this Act. Provides that the Department of Corrections shall conduct regular audits of its data collection processes and shall take corrective action as necessary to address any inaccuracies or deficiencies identified during these audits. Provides that the Department of Corrections shall collaborate with a third party research university to report the data under the Isolated Confinement Restriction Act and to solicit feedback on ways to improve data collection and reporting. Provides that the reporting requirements of the Act shall be enforceable by an appropriate action brought in the circuit court of the county in which a specific non-reporting facility is located, or in Sangamon or Cook County. Provides that such an action may be filed by anyone who has standing under the traditional rules of standing applicable to other actions to enforce compliance with State law.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed) 2024-11-21 - Added as Alternate Co-Sponsor Sen. Rachel Ventura [HB4828 Detail]

Download: Illinois-2023-HB4828-Engrossed.html

---

HB4828 Engrossed LRB103 37993 RLC 68125 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Restrictive Housing Data Publication and Verification Act.
Section 5. Data publication.
(a) Definition. In this Act:
"Restrictive housing" includes the confinement statutes
currently designated in Department of Corrections rules and
administrative directives as "Restrictive Housing,
Administrative Detention, Investigatory Status, Disciplinary
Segregation and Temporary Confinement", as well as any similar
designations used by the Department in the future.
(b) Quarterly reports. Beginning on January 1, 2025, the
Department of Corrections shall post quarterly reports on the
use of restrictive housing on the Department's official
website. Those reports shall include:
(1) data, both aggregated and disaggregated by
facility, regarding individuals placed in restrictive
housing during the prior quarter by age, sex, gender
identity, ethnicity, whether the individuals were
designated Serious Mental Illness (SMI) at the time of the
conduct that led to their placement in restrictive

HB4828 Engrossed - 2 - LRB103 37993 RLC 68125 b
housing, the type of confinement status, and both the
total length and the length for the prior 12 months that
the person spent and was sentenced to restrictive housing.
Such data shall also include the charge or charges that
resulted in restrictive housing and a description of the
activity that formed the basis of the charge;
(2) the population of each restrictive housing unit on
the last day of each quarter and a non-duplicative
cumulative count of persons confined to restrictive
housing for the previous 12 months;
(3) the conduct that led to their placement in
restrictive housing and incidences of emergency
confinement, self-harm, suicide, and assault in any
restrictive housing unit;
(4) the number of facility wide lockdowns at each
facility for the prior quarter and an explanation of the
reason for each such lockdown;
(5) data on access to health care, including the
amount of time it takes for a person in restrictive
housing to see a physician after requesting to see a
physician, how many times a person sees a nurse or other
medical staff before seeing the physician, whether it is a
medical emergency, and the time between routine medical
and physical checkups;
(6) the number of grievances filed appealing placement
in restrictive housing, disaggregated by race, gender,

HB4828 Engrossed - 3 - LRB103 37993 RLC 68125 b
age, and reason for placement; and
(7) the number of alternative programs to restrictive
housing available by facility, the frequency of their use,
and their attendance by committed persons, disaggregated
by race, gender, age, and reason for placement, utilized
in response, or as an alternative to, restrictive housing.
These reports shall not include personally identifiable
information regarding any committed person.
(c) Annual reports. Beginning on January 1, 2025, the
Department of Corrections shall compile an annual report
summarizing the data collected under this Section and shall
submit the annual report to the Governor and the General
Assembly, and shall make the annual report available to the
public. This report shall be made available on the Department
of Corrections website, beginning January 1, 2025.
Section 10. Verification of data accuracy.
(a) The Department of Corrections shall implement
procedures to ensure the accuracy and reliability of the data
collected under this Act. The Department of Corrections shall
conduct regular audits of its data collection processes and
shall take corrective action as necessary to address any
inaccuracies or deficiencies identified during these audits.
(b) The Department of Corrections shall collaborate with a
third party research university to report the data under this
Act and to solicit feedback on ways to improve data collection

HB4828 Engrossed - 4 - LRB103 37993 RLC 68125 b
and reporting.
(c) Failure to post data. The reporting requirements of
this Act shall be enforceable by an appropriate action brought
in the circuit court of the county in which a specific
non-reporting facility is located, or in Sangamon or Cook
County. Such an action may be filed by anyone who has standing
under the traditional rules of standing applicable to other
actions to enforce compliance with State law.