HB0046ham002 103RD GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/6/2023

10300HB0046ham002 LRB103 03529 RLC 58691 a

AMENDMENT TO HOUSE BILL 46

AMENDMENT NO. ______. Amend House Bill 46 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by adding Section 3-7-9 as follows:

(730 ILCS 5/3-7-9 new)

Sec. 3-7-9. Restrictive housing.

(a) The Department of Corrections shall establish rules and regulations that shall provide, among other matters, for the restrictive housing of committed persons under the following conditions:

(1) the placement of a committed person in restrictive housing shall be limited to circumstances that pose a direct threat to the safety of persons or a clear threat to the safe and secure operations of the facility;

(2) any removal of a committed person from general population and placement into restrictive housing shall be reviewed within 24 hours of placement by an appropriate and higher authority who was not involved in the initial restrictive housing placement;

(3) restrictive housing cells shall permit committed persons assigned to them to converse with and be observed by Department staff;

(4) restrictive housing units shall have either outdoor uncovered or outdoor covered exercise areas;

(5) a review of the status of each committed person in restrictive housing shall be conducted by a review committee or other authorized Department staff every 7 days for the first 60 days and at least every 30 days thereafter;

(6) a mental health practitioner or provider shall complete a mental health appraisal within 7 days of placement in restrictive housing;

(7) a restrictive housing committed person shall be personally observed by a correctional officer twice per hour, but no more than 40 minutes apart, on an irregular schedule;

(8) committed persons in restrictive housing shall receive daily visits from the senior correctional supervisor in charge, daily health care rounds from a qualified health care professional, unless medical attention is needed more frequently, and visits from members of the program staff at least weekly;

(9) all committed persons in restrictive housing shall be provided medication as prescribed;

(10) all committed persons in restrictive housing shall be provided suitable clothing, and access to basic personal items for use in their cells unless there is imminent danger that a committed person or any other committed person or committed persons will destroy an item or induce self-injury;

(11) committed persons in restrictive housing shall receive laundry and hair care services and shall be issued and shall exchange clothing, bedding, and linen on the same basis as committed persons in the general population;

(12) committed persons in restrictive housing may write and receive letters on the same basis as committed persons in the general population;

(13) committed persons in restrictive housing shall have opportunities for visitation unless there are substantial documented reasons for withholding such privileges;

(14) committed persons in restrictive housing shall have access to legal materials;

(15) committed persons in restrictive housing shall have access to reading materials;

(16) committed persons in restrictive housing shall receive a minimum of one hour of exercise outside their cells, 5 days per week, unless security or safety considerations dictate otherwise;

(17) committed persons in restrictive housing shall be allowed at minimum telephone privileges to access the judicial process and family emergencies as determined by the facility administrator or designee unless security or safety considerations dictate otherwise;

(18) upon assignment to restrictive housing committed persons shall receive written orientation materials or translations in their own language, or both, and when a literacy problem exists a Department staff member shall assist the committed person in understanding the material with completion of orientation documented by a statement signed and dated by the committed person;

(19) when a committed person is transferred to restrictive housing, health care personnel shall be informed immediately and shall provide a screening and review as indicated by the protocols established by the health care authority; and

(20) committed persons in restrictive housing who are lactating shall have access to breast pumps.

(b) The Department of Corrections shall establish a multidisciplinary review program to facilitate the reintegration of the committed person into general population or the community from extended restrictive housing.".