HB4828ham001 103RD GENERAL ASSEMBLY

Rep. Kevin John Olickal

Filed: 5/21/2024

10300HB4828ham001 LRB103 37993 RLC 73802 a

AMENDMENT TO HOUSE BILL 4828

AMENDMENT NO. ______. Amend House Bill 4828 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Restrictive Housing Data Publication and Verification Act.

Section 5. Data publication.

(a) Definition. In this Act:

"Restrictive housing" includes the confinement statutes currently designated in Department of Corrections rules and administrative directives as "Restrictive Housing, Administrative Detention, Investigatory Status, Disciplinary Segregation and Temporary Confinement", as well as any similar designations used by the Department in the future.

(b) Quarterly reports. Beginning on January 1, 2025, the Department of Corrections shall post quarterly reports on the use of restrictive housing on the Department's official website. Those reports shall include:

(1) data, both aggregated and disaggregated by facility, regarding individuals placed in restrictive housing during the prior quarter by age, sex, gender identity, ethnicity, whether the individuals were designated Serious Mental Illness (SMI) at the time of the conduct that led to their placement in restrictive housing, the type of confinement status, and both the total length and the length for the prior 12 months that the person spent and was sentenced to restrictive housing. Such data shall also include the charge or charges that resulted in restrictive housing and a description of the activity that formed the basis of the charge;

(2) the population of each restrictive housing unit on the last day of each quarter and a non-duplicative cumulative count of persons confined to restrictive housing for the previous 12 months;

(3) the conduct that led to their placement in restrictive housing and incidences of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit;

(4) the number of facility wide lockdowns at each facility for the prior quarter and an explanation of the reason for each such lockdown;

(5) data on access to health care, including the amount of time it takes for a person in restrictive housing to see a physician after requesting to see a physician, how many times a person sees a nurse or other medical staff before seeing the physician, whether it is a medical emergency, and the time between routine medical and physical checkups;

(6) the number of grievances filed appealing placement in restrictive housing, disaggregated by race, gender, age, and reason for placement; and

(7) the number of alternative programs to restrictive housing available by facility, the frequency of their use, and their attendance by committed persons, disaggregated by race, gender, age, and reason for placement, utilized in response, or as an alternative to, restrictive housing.

These reports shall not include personally identifiable information regarding any committed person.

(c) Annual reports. Beginning on January 1, 2025, the Department of Corrections shall compile an annual report summarizing the data collected under this Section and shall submit the annual report to the Governor and the General Assembly, and shall make the annual report available to the public. This report shall be made available on the Department of Corrections website, beginning January 1, 2025.

Section 10. Verification of data accuracy.

(a) The Department of Corrections shall implement procedures to ensure the accuracy and reliability of the data collected under this Act. The Department of Corrections shall conduct regular audits of its data collection processes and shall take corrective action as necessary to address any inaccuracies or deficiencies identified during these audits.

(b) The Department of Corrections shall collaborate with a third party research university to report the data under this Act and to solicit feedback on ways to improve data collection and reporting.

(c) Failure to post data. The reporting requirements of this Act shall be enforceable by an appropriate action brought in the circuit court of the county in which a specific non-reporting facility is located, or in Sangamon or Cook County. Such an action may be filed by anyone who has standing under the traditional rules of standing applicable to other actions to enforce compliance with State law.".