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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 End
5Youth Solitary Confinement Act.
6    Section 5. Purpose. The purpose of this Act is to end the
7use of solitary confinement for young detainees in prisons,
8jails, and other detention centers for any purpose other than
9preventing immediate physical harm.
10    Section 10. Covered juvenile confinement.
11    (a) In this Act:
12    "Administrative hold" means the status assigned to a
13covered juvenile who is temporarily being housed in a
14particular covered juvenile center and includes, but is not
15limited to: a covered juvenile awaiting transfer to the
16Department of Corrections or another juvenile detention
17center, a covered juvenile permanently assigned to another
18juvenile detention center being temporarily housed for
19purposes of attending court, the covered juvenile awaiting
20release, and the covered juvenile who was transferred to the
21Department of Corrections by mistake.
22    "Behavioral hold" means the status assigned to a covered



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1juvenile who is confined to the covered juvenile's own room or
2another area because he or she is engaging in dangerous
3behavior that poses a serious and immediate threat to his or
4her own safety, the safety of others, or the security of the
5juvenile detention center.
6    "Chief administrative officer" means the highest ranking
7official of a juvenile detention center.
8    "Confinement" means any instance when an individual
9covered juvenile is held for 15 minutes or more in a room,
10cell, or other area separated from other covered juveniles.
11Confinement may occur in locked or unlocked rooms.
12"Confinement" includes an administrative hold, behavioral
13hold, or investigative status. "Confinement" does not include
14medical isolation or quarantine, situations when a covered
15juvenile requests to go to his or her room, the movement of the
16covered juvenile between offices and classrooms while
17attending school, a covered juvenile who receives individual
18counseling or other therapeutic services, or staff who are in
19ongoing continuous conversation or processing with the covered
20juvenile such as a cool down.
21    "Covered juvenile" means any person under 18 years of age
22incarcerated in a correctional facility, jail, or detention
23facility of any kind operated by the Department of Juvenile
24Justice, a county, or a municipality.
25    "Investigative status" meaning a status assigned to a
26covered juvenile for whom confinement is necessary for the



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1efficient and effective investigation of a Tier 2 or Tier 3
2offense, as defined in the Department of Juvenile Justice's
3Administrative Directive 04.01.140.
4    "Tier 2" or "Tier 3" offense means a major rules violation
5that results in immediate disciplinary consequences that are
6assigned by the staff of the facility reporting the violation.
7    (b) The use of room confinement at a juvenile or
8correctional facility for discipline, punishment, retaliation,
9or any reason other than as a temporary response to a
10juvenile's behavior that poses a serious and immediate risk of
11physical harm to any individual, including the juvenile, is
13    (b-5) A covered juvenile may be placed on an
14administrative hold and confined when temporarily being housed
15in a particular juvenile detention center or for
16administrative or security purposes as personally determined
17by the chief administrative officer.
18    (b-6) Placement on administrative hold shall be subject to
19the following time limitations:
20        (1) when the covered juvenile is awaiting transfer to
21    the Department of Corrections or a more secure setting,
22    the administrative hold may not exceed 3 business days;
23    and
24        (2) the administrative hold may not exceed 7 calendar
25    days when the covered juvenile is temporarily transferred
26    to a different facility for the purposes of placement



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1    interviews, court appearances, or medical treatment.
2    (b-7) Whenever a covered juvenile is on an administrative
3hold, the Department shall provide the covered juvenile with
4access to the same programs and services received by covered
5juveniles in the general population. Any restrictions on
6movement or access to programs and services shall be
7documented and justified by the chief administrative officer.
8    (c) If a covered juvenile poses a serious and immediate
9risk of physical harm to any individual, including the
10juvenile, before a staff member of the facility places a
11covered juvenile in room confinement, the staff member shall
12attempt to use other less restrictive options, unless
13attempting those options poses a threat to the safety or
14security of any minor or staff.
15    (d) If a covered juvenile is placed in room confinement
16because the covered juvenile poses a serious and immediate
17risk of physical harm to himself or herself, or to others, the
18covered juvenile shall be released:
19        (1) immediately when the covered juvenile has
20    sufficiently gained control so as to no longer engage in
21    behavior that threatens serious and immediate risk of
22    physical harm to himself or herself, or to others; or
23        (2) no more than 24 hours after being placed in room
24    confinement if a covered juvenile does not sufficiently
25    gain control as described in paragraph (1) of this
26    subsection (d) and poses a serious and immediate risk of



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1    physical harm to himself or herself or others, not later
2    than:
3            (A) 3 hours after being placed in room
4        confinement, in the case of a covered juvenile who
5        poses a serious and immediate risk of physical harm to
6        others; or
7            (B) 30 minutes after being placed in room
8        confinement, in the case of a covered juvenile who
9        poses a serious and immediate risk of physical harm
10        only to himself or herself.
11    (e) If, after the applicable maximum period of confinement
12has expired, a covered juvenile continues to pose a serious
13and immediate risk of physical harm to others:
14        (1) the covered juvenile shall be transferred to
15    another juvenile facility or internal location where
16    services can be provided to the covered juvenile without
17    relying on room confinement; or
18        (2) if a qualified mental health professional believes
19    the level of crisis service needed is not currently
20    available, a staff member of the facility shall initiate a
21    referral to a location that can meet the needs of the
22    covered juvenile.
23    (f) Each facility detaining covered juveniles shall report
24the use of each incident of room confinement to an independent
25ombudsperson for the Department of Juvenile Justice each
26month, including:



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1        (1) the name of the covered juvenile;
2        (2) demographic data, including, at a minimum, age,
3    race, gender, and primary language;
4        (3) the reason for room confinement, including how
5    detention facility officials determined the covered
6    juvenile posed an immediate risk of physical harm to
7    others or to him or herself;
8        (4) the length of room confinement;
9        (5) the number of covered juveniles transferred to
10    another facility or referral to a separate crisis location
11    covered under subsection (e); and
12        (6) the name of detention facility officials involved
13    in each instance of room confinement.
14    (g) An independent ombudsperson for the Department of
15Juvenile Justice shall be empowered to review and enforce
16detention facility's adherence to this Section.