HB4828 EngrossedLRB103 37993 RLC 68125 b

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
5Restrictive Housing Data Publication and Verification Act.
 
6    Section 5. Data publication.
7    (a) Definition. In this Act:
8    "Restrictive housing" includes the confinement statutes
9currently designated in Department of Corrections rules and
10administrative directives as "Restrictive Housing,
11Administrative Detention, Investigatory Status, Disciplinary
12Segregation and Temporary Confinement", as well as any similar
13designations used by the Department in the future.
14    (b) Quarterly reports. Beginning on January 1, 2025, the
15Department of Corrections shall post quarterly reports on the
16use of restrictive housing on the Department's official
17website. Those reports shall include:
18        (1) data, both aggregated and disaggregated by
19    facility, regarding individuals placed in restrictive
20    housing during the prior quarter by age, sex, gender
21    identity, ethnicity, whether the individuals were
22    designated Serious Mental Illness (SMI) at the time of the
23    conduct that led to their placement in restrictive

 

 

HB4828 Engrossed- 2 -LRB103 37993 RLC 68125 b

1    housing, the type of confinement status, and both the
2    total length and the length for the prior 12 months that
3    the person spent and was sentenced to restrictive housing.
4    Such data shall also include the charge or charges that
5    resulted in restrictive housing and a description of the
6    activity that formed the basis of the charge;
7        (2) the population of each restrictive housing unit on
8    the last day of each quarter and a non-duplicative
9    cumulative count of persons confined to restrictive
10    housing for the previous 12 months;
11        (3) the conduct that led to their placement in
12    restrictive housing and incidences of emergency
13    confinement, self-harm, suicide, and assault in any
14    restrictive housing unit;
15        (4) the number of facility wide lockdowns at each
16    facility for the prior quarter and an explanation of the
17    reason for each such lockdown;
18        (5) data on access to health care, including the
19    amount of time it takes for a person in restrictive
20    housing to see a physician after requesting to see a
21    physician, how many times a person sees a nurse or other
22    medical staff before seeing the physician, whether it is a
23    medical emergency, and the time between routine medical
24    and physical checkups;
25        (6) the number of grievances filed appealing placement
26    in restrictive housing, disaggregated by race, gender,

 

 

HB4828 Engrossed- 3 -LRB103 37993 RLC 68125 b

1    age, and reason for placement; and
2        (7) the number of alternative programs to restrictive
3    housing available by facility, the frequency of their use,
4    and their attendance by committed persons, disaggregated
5    by race, gender, age, and reason for placement, utilized
6    in response, or as an alternative to, restrictive housing.
7    These reports shall not include personally identifiable
8information regarding any committed person.
9    (c) Annual reports. Beginning on January 1, 2025, the
10Department of Corrections shall compile an annual report
11summarizing the data collected under this Section and shall
12submit the annual report to the Governor and the General
13Assembly, and shall make the annual report available to the
14public. This report shall be made available on the Department
15of Corrections website, beginning January 1, 2025.
 
16    Section 10. Verification of data accuracy.
17    (a) The Department of Corrections shall implement
18procedures to ensure the accuracy and reliability of the data
19collected under this Act. The Department of Corrections shall
20conduct regular audits of its data collection processes and
21shall take corrective action as necessary to address any
22inaccuracies or deficiencies identified during these audits.
23    (b) The Department of Corrections shall collaborate with a
24third party research university to report the data under this
25Act and to solicit feedback on ways to improve data collection

 

 

HB4828 Engrossed- 4 -LRB103 37993 RLC 68125 b

1and reporting.
2    (c) Failure to post data. The reporting requirements of
3this Act shall be enforceable by an appropriate action brought
4in the circuit court of the county in which a specific
5non-reporting facility is located, or in Sangamon or Cook
6County. Such an action may be filed by anyone who has standing
7under the traditional rules of standing applicable to other
8actions to enforce compliance with State law.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.