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: (Introduced) 2017-05-18 - House Floor Amendment No. 2 Tabled [HB0259 Detail]

Download: Illinois-2017-HB0259-Engrossed.html

HB0259 EngrossedLRB100 05199 RLC 15209 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 1. Short title. This Act may be cited as the
5Isolated Confinement Restriction Act.
6 Section 5. Definitions. In this Act:
7 "Correctional facility" means any State correctional
8facility or county correctional facility, and any State, county
9or private facility detaining persons under any
10intergovernmental service agreement or other contract with any
11State, county, or federal agency, including, but not limited
12to, United States Immigration and Customs Enforcement.
13 "Facility administrator" means the chief operating
14officer, senior administrative designee, or warden of a
15correctional facility.
16 "Isolated confinement" means confinement of a committed
17person in a correctional facility in a cell or confined living
18space, alone or with other inmates, for more than 20 hours in
19any 24-hour period.
20 "Protective custody" means confinement of a committed
21person in a cell or confined living space under conditions
22necessary to protect the committed person or others.

HB0259 Engrossed- 2 -LRB100 05199 RLC 15209 b
1 Section 10. Restrictions on the use of isolated
3 (a) Except as provided in subsection (b) of this Section,
4the use of isolated confinement in correctional facilities in
5this 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.
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
16administrator determines that a committed person should be
17placed in protective custody. The facility administrator's use
18of 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.
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
26or privileges a committed person may have under any other

HB0259 Engrossed- 3 -LRB100 05199 RLC 15209 b
1statute, rule, or regulation.
2 Section 15. Data publication. The Department of
3Corrections shall post on the Department's official website
4quarterly reports on the use of isolated confinement. Those
5reports shall include data on the use of isolated confinement
6by age, sex, gender identity, ethnicity, incidence of mental
7illness, and type of confinement status, at each facility;
8these reports shall include the population on the last day of
9each quarter and a non-duplicative cumulative count of persons
10exposed to isolated confinement for each fiscal year. These
11reports shall include the incidence of emergency confinement,
12self-harm, suicide, and assault in any isolated confinement
13unit, as well as explanations for each instance of
14facility-wide lockdown. These reports shall include data on the
15access to health care, including the time it takes for a
16confined person to access medical care following a request and
17the time between routine mental and physical checkups. These
18reports shall not include personally identifiable information
19regarding any committed person.
20 Section 105. The Unified Code of Corrections is amended by
21changing Section 3-8-7 as follows:
22 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
23 Sec. 3-8-7. Disciplinary Procedures.)

HB0259 Engrossed- 4 -LRB100 05199 RLC 15209 b
1 (a) All disciplinary action shall be consistent with this
2Chapter. Rules of behavior and conduct, the penalties for
3violation thereof, and the disciplinary procedure by which such
4penalties may be imposed shall be available to committed
6 (b)(1) Corporal punishment and disciplinary restrictions
7on diet, medical or sanitary facilities, mail or access to
8legal materials are prohibited.
9 (2) (Blank).
10 (3) (Blank).
11 (c) Review of disciplinary action imposed under this
12Section shall be provided by means of the grievance procedure
13under Section 3-8-8. The Department shall provide a disciplined
14person with a review of his or her disciplinary action in a
15timely manner as required by law.
16 (d) All institutions and facilities of the Department of
17Corrections shall establish, subject to the approval of the
18Director, procedures for hearing disciplinary cases except
19those that may involve the imposition of disciplinary
20segregation and isolation; the loss of good time credit under
21Section 3-6-3 or eligibility to earn good time credit.
22 (e) In disciplinary cases which may involve the imposition
23of disciplinary segregation and isolation, the loss of good
24time credit or eligibility to earn good time credit, the
25Director shall establish disciplinary procedures consistent
26with the following principles:

HB0259 Engrossed- 5 -LRB100 05199 RLC 15209 b
1 (1) Any person or persons who initiate a disciplinary
2 charge against a person shall not determine the disposition
3 of the charge. The Director may establish one or more
4 disciplinary boards to hear and determine charges.
5 (2) Any committed person charged with a violation of
6 Department rules of behavior shall be given notice of the
7 charge including a statement of the misconduct alleged and
8 of the rules this conduct is alleged to violate.
9 (3) Any person charged with a violation of rules is
10 entitled to a hearing on that charge at which time he shall
11 have an opportunity to appear before and address the person
12 or persons deciding the charge.
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.
16 (5) If the charge is sustained, the person charged is
17 entitled to a written statement of the decision by the
18 persons determining the disposition of the charge which
19 shall include the basis for the decision and the
20 disciplinary action, if any, to be imposed.
21 (6) (Blank).
22 (f) In disciplinary cases which may involve the imposition
23of segregation and isolation, isolated confinement, or
24restrictive housing, the Director shall establish disciplinary
25procedures consistent with the Isolated Confinement
26Restriction Act.

HB0259 Engrossed- 6 -LRB100 05199 RLC 15209 b
1(Source: P.A. 97-1083, eff. 8-24-12.)
2 Section 999. Effective date. This Act takes effect January
31, 2018, except that this Section and Section 15 take effect
4upon becoming law.