Bill Text: IL HB3140 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that a covered juvenile (any person under 18 years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Juvenile Justice, a county, or a municipality) 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. Provides that 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. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Provides that if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, establishes when the covered juvenile shall be released. Defines terms.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0178 [HB3140 Detail]

Download: Illinois-2023-HB3140-Engrossed.html

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AN ACT concerning juveniles.
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 End
Youth Solitary Confinement Act.
Section 5. Purpose. The purpose of this Act is to end the
use of solitary confinement for young detainees in detention
centers for any purpose other than preventing immediate
physical harm.
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 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

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juvenile who is confined to the covered juvenile's own room or
another area because he or she is engaging in dangerous
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
medical isolation or quarantine, 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 21 years of age
incarcerated in a Department of Juvenile Justice facility or
any person under 18 years of age detained in a county facility
under the authority of the local circuit court.
"Investigative status" means a status assigned to a
covered juvenile for whom confinement is necessary for the

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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.
"Tier 2" or "Tier 3" offense means a major rules violation
that results in immediate disciplinary consequences that are
assigned by the staff of a facility of the Illinois Department
of Juvenile Justice reporting the violation.
(b) The use of room confinement at a youth facility for
discipline, punishment, retaliation, or any reason other than
as a temporary response to a juvenile's behavior that poses a
serious and immediate risk of physical harm to any individual,
including the juvenile, is prohibited.
(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
a youth facility 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.

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(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
movement or access to programs and services shall be
documented and justified by the chief administrative officer.
(c) If a covered juvenile poses a serious and immediate
risk of physical harm to any individual, including the
juvenile, before a staff member of the facility places a
covered juvenile in room confinement, the staff member shall
attempt to use other less restrictive options, unless
attempting those options poses a threat to the safety or
security of any minor or staff.
(d) If a covered juvenile is placed in room confinement
because the covered juvenile poses a serious and immediate
risk of physical harm to himself or herself, or to others, the
covered juvenile shall be released:
(1) immediately when the covered juvenile has
sufficiently gained control so as to no longer engage in
behavior that threatens serious and immediate risk of
physical harm to himself or herself, or to others; or
(2) no more than 24 hours after being placed in room
confinement if a covered juvenile does not sufficiently
gain control as described in paragraph (1) of this
subsection (d) and poses a serious and immediate risk of
physical harm to himself or herself or others, not later

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than:
(A) 3 hours after being placed in room
confinement, in the case of a covered juvenile who
poses a serious and immediate risk of physical harm to
others; or
(B) 30 minutes after being placed in room
confinement, in the case of a covered juvenile who
poses a serious and immediate risk of physical harm
only to himself or herself.
(e) If, after the applicable maximum period of confinement
has expired, a covered juvenile continues to pose a serious
and immediate risk of physical harm to others:
(1) the covered juvenile shall be transferred to
another facility, when available, or internal location
where services can be provided to the covered juvenile
without relying on room confinement; or
(2) if a qualified mental health professional believes
the level of crisis service needed is not currently
available, a staff member of the facility shall initiate a
referral to a location that can meet the needs of the
covered juvenile.
(f) Each facility detaining covered juveniles shall report
the use of each incident of room confinement to an independent
ombudsperson for the Department of Juvenile Justice each
month, including:
(1) the name of the covered juvenile;

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(2) demographic data, including, at a minimum, age,
race, gender, and primary language;
(3) the reason for room confinement, including how
detention facility officials determined the covered
juvenile posed an immediate risk of physical harm to
others or to him or herself;
(4) the length of room confinement;
(5) the number of covered juveniles transferred to
another facility or referral to a separate crisis location
covered under subsection (e); and
(6) the name of detention facility officials involved
in each instance of room confinement.
(g) An independent ombudsperson for the Department of
Juvenile Justice may review a detention facility's adherence
to this Section.