Rep. Suzanne Ness

Filed: 2/28/2022





10200HB3738ham003LRB102 13059 RLC 32379 a


2    AMENDMENT NO. ______. Amend House Bill 3738 on page 1, by
3replacing lines 10 and 11 with the following:
4    "Section 10. Covered juvenile confinement.
5    (a) In this Act:
6    "Administrative hold" means the status assigned to a
7covered juvenile who is temporarily being housed in a
8particular covered juvenile center and includes, but is not
9limited to: a covered juvenile awaiting transfer to the
10Department of Corrections or another juvenile detention
11center, a covered juvenile permanently assigned to another
12juvenile detention center being temporarily housed for
13purposes of attending court, the covered juvenile awaiting
14release, and the covered juvenile who was transferred to the
15Department of Corrections by mistake.
16    "Behavioral hold" means the status assigned to a covered
17juvenile who is confined to the covered juvenile's own room or
18another area because he or she is engaging in dangerous



10200HB3738ham003- 2 -LRB102 13059 RLC 32379 a

1behavior that poses a serious and immediate threat to his or
2her own safety, the safety of others, or the security of the
3juvenile detention center.
4    "Chief administrative officer" means the highest ranking
5official of a juvenile detention center.
6    "Confinement" means any instance when an individual
7covered juvenile is held for 15 minutes or more in a room,
8cell, or other area separated from other covered juveniles.
9Confinement may occur in locked or unlocked rooms.
10"Confinement" includes an administrative hold, behavioral
11hold, or investigative status. "Confinement" does not include
12situations when a covered juvenile requests to go to his or her
13room, the movement of the covered juvenile between offices and
14classrooms while attending school, a covered juvenile who
15receives individual counseling or other therapeutic services,
16or staff who are in ongoing continuous conversation or
17processing with the covered juvenile such as a cool down.
18    "Covered juvenile" means any person under"; and
19on page 1, by inserting immediately after line 15 the
21    ""Investigative status" meaning a status assigned to a
22covered juvenile for whom confinement is necessary for the
23efficient and effective investigation of a Tier 2 or Tier 3
24offense, as defined in the Department of Juvenile Justice's
25Administrative Directive 04.01.140.



10200HB3738ham003- 3 -LRB102 13059 RLC 32379 a

1    "Tier 2" or "Tier 3" offense means a major rules violation
2that results in immediate disciplinary consequences that are
3assigned by the staff of the facility reporting the
4violation."; and
5on page 1, by inserting immediately after line 21 the
7    "(b-5) A covered juvenile may be placed on an
8administrative hold and confined when temporarily being housed
9in a particular juvenile detention center or for
10administrative or security purposes as personally determined
11by the chief administrative officer.
12    (b-6) Placement on administrative hold shall be subject to
13the following time limitations:
14        (1) when the covered juvenile is awaiting transfer to
15    the Department of Corrections or a more secure setting,
16    the administrative hold may not exceed 3 business days;
17    and
18        (2) the administrative hold may not exceed 7 calendar
19    days when the covered juvenile is temporarily transferred
20    to a different facility for the purposes of placement
21    interviews, court appearances, or medical treatment.
22    (b-7) Whenever a covered juvenile is on an administrative
23hold, the Department shall provide the covered juvenile with
24access to the same programs and services received by covered
25juveniles in the general population. Any restrictions on



10200HB3738ham003- 4 -LRB102 13059 RLC 32379 a

1movement or access to programs and services shall be
2documented and justified by the chief administrative