Full Text of HB0182 101st General Assembly
HB0182 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. La Shawn K. Ford
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-8-7
from Ch. 38, par. 1003-8-7
Creates the Isolated Confinement Restriction Act. Provides that a
committed person may not be placed in isolated confinement for more than 10
consecutive days. Provides that a committed person may not be placed in
isolated confinement for more than 10 days in any 180-day period. Provides
that while out of cell, committed persons may have access to activities,
including, but not limited, to: job assignments, educational classes,
vocational classes, meals, recreation, yard or gymnasium, day room, medical
appointments, visits, and group therapy. Provides exceptions. Provides
that the Department of Corrections shall post on the Department's official
website quarterly reports on the use of isolated confinement. Amends the
Unified Code of Corrections to make conforming changes. Effective January
1, 2020, except that some provisions effective immediately.
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Isolated Confinement Restriction Act.
In this Act:
"Correctional facility" means any State correctional
facility or county correctional facility, and any State, county
or private facility detaining persons under any
intergovernmental service agreement or other contract with any
State, county, or federal agency, including, but not limited
to, United States Immigration and Customs Enforcement.
"Facility administrator" means the chief operating
officer, senior administrative designee, or warden of a
"Isolated confinement" means confinement of a committed
person in a correctional facility in a cell or confined living
space, alone or with other inmates, for more than 20 hours in
any 24-hour period.
"Protective custody" means confinement of a committed
person in a cell or confined living space under conditions
necessary to protect the committed person or others.
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Restrictions on the use of isolated
(a) Except as provided in subsection (b), the use of
isolated confinement in correctional facilities in this State
shall be restricted as follows:
(1) A committed person may not be placed in isolated
confinement for more than 10 consecutive days.
(2) A committed person may not be placed in isolated
confinement for more than 10 days in any 180-day period.
(3) While out of cell, committed persons may have
access to activities, including but not limited to: job
assignments, educational classes, vocational classes,
meals, recreation, yard or gymnasium, day room, medical
appointments, visits, and group therapy.
(b) Isolated confinement shall be permitted if the facility
administrator determines that a committed person should be
placed in protective custody. The facility administrator's use
of protective custody is limited as follows:
(1) The committed person may be placed in protective
custody only with informed, voluntary written consent of
the committed person.
(2) A committed person in protective custody may opt
out of that status by providing informed, voluntary,
written refusal of that status.
(c) Nothing in this Act is intended to restrict any rights
or privileges a committed person may have under any other
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statute, rule, or regulation.
The Department of
Corrections shall post on the Department's official website
quarterly reports on the use of isolated confinement. Those
reports shall include data on the use of isolated confinement
by age, sex, gender identity, ethnicity, incidence of mental
illness, and type of confinement status, at each facility;
these reports shall include the population on the last day of
each quarter and a non-duplicative cumulative count of persons
exposed to isolated confinement for each fiscal year. These
reports shall include the incidence of emergency confinement,
self-harm, suicide, and assault in any isolated confinement
unit, as well as explanations for each instance of
facility-wide lockdown. These reports shall include data on the
access to health care, including the time it takes for a
confined person to access medical care following a request and
the time between routine mental and physical checkups. These
reports shall not include personally identifiable information
regarding any committed person.
The Unified Code of Corrections is amended by
changing Section 3-8-7 as follows:
(730 ILCS 5/3-8-7)
(from Ch. 38, par. 1003-8-7)
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(a) All disciplinary action shall be consistent with this
Chapter. Rules of
behavior and conduct, the penalties for
and the disciplinary procedure by which such
be imposed shall be available to committed
(b)(1) Corporal punishment and disciplinary
on diet, medical or sanitary facilities, mail or access to
(c) Review of disciplinary action imposed under this
Section shall be provided by means of the grievance
under Section 3-8-8. The Department shall provide a disciplined
person with a review of his or her disciplinary action in a
timely manner as
required by law.
(d) All institutions and facilities of the Department of
Corrections shall establish, subject to the approval of the
Director, procedures for hearing disciplinary cases except
those that may involve the imposition of disciplinary
segregation and isolation; the loss of good time credit under
3-6-3 or eligibility to earn good time credit.
(e) In disciplinary cases which may involve the imposition
disciplinary segregation and isolation,
the loss of good
time credit or
eligibility to earn good time credit, the
Director shall establish disciplinary
with the following principles:
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(1) Any person or persons who initiate a disciplinary
charge against a person shall not determine the disposition
of the charge. The Director may establish one or more
disciplinary boards to hear and determine charges.
(2) Any committed person charged with a violation of
Department rules of behavior shall be given notice of the
charge including a statement of the misconduct alleged and
of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is
entitled to a hearing on that charge at which time he shall
have an opportunity to appear before and address the person
or persons deciding the charge.
(4) The person or persons determining the disposition
the charge may also summon to testify any witnesses or
persons with relevant knowledge of the incident.
(5) If the charge is sustained, the person charged is
entitled to a written statement of the decision by the
persons determining the disposition of the charge which
shall include the basis for the decision and the
action, if any, to be imposed.
(f) In disciplinary cases which may involve the imposition
of segregation and isolation, isolated confinement, or
restrictive housing, the Director shall establish disciplinary
procedures consistent with the Isolated Confinement
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(Source: P.A. 97-1083, eff. 8-24-12.)
This Act takes effect January
1, 2020, except that this Section and Section 15 take effect
upon becoming law.