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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Isolated Confinement Restriction Act. | |||||||||||||||||||||
6 | Section 5. Findings. The General Assembly finds and | |||||||||||||||||||||
7 | declares that: | |||||||||||||||||||||
8 | (1) The use of isolated confinement in this State's | |||||||||||||||||||||
9 | correctional facilities shall be restricted to ensure the safe | |||||||||||||||||||||
10 | and humane operation of these facilities, consistent with the | |||||||||||||||||||||
11 | Illinois Constitution, the laws and public policies of this | |||||||||||||||||||||
12 | State, the mission of the correctional system, evolving medical | |||||||||||||||||||||
13 | knowledge, and human rights standards of decency.
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14 | (2) Isolated confinement shall only be used when absolutely | |||||||||||||||||||||
15 | necessary, and shall not be used against vulnerable populations | |||||||||||||||||||||
16 | or under conditions or for time periods that are in excess of 5 | |||||||||||||||||||||
17 | days which can foster psychological trauma, psychiatric | |||||||||||||||||||||
18 | disorders, or serious, long-term damage to an isolated person's | |||||||||||||||||||||
19 | brain.
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20 | (3) The standards established in this Act shall apply to | |||||||||||||||||||||
21 | all persons confined in correctional facilities under the | |||||||||||||||||||||
22 | jurisdiction of this State regardless of the civil or criminal | |||||||||||||||||||||
23 | nature of the charges against them.
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1 | Section 10. Definitions.
In this Act: | ||||||
2 | "Clinician" means any of the following: | ||||||
3 | (1) a physician who is licensed to practice medicine in | ||||||
4 | all of its branches and is certified in psychiatry by the | ||||||
5 | American Board of Psychiatry and Neurology or the American | ||||||
6 | Osteopathic Board of Neurology and Psychiatry, or has | ||||||
7 | completed 4 years of an accredited post-graduate training | ||||||
8 | program in psychiatry; or | ||||||
9 | (2) a licensed clinical psychologist.
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10 | "Committed person" means a person confined in a | ||||||
11 | correctional facility. | ||||||
12 | "Correctional facility" means any State correctional | ||||||
13 | facility or county correctional facility, and any State, | ||||||
14 | county, or private facility detaining persons under any | ||||||
15 | intergovernmental service agreement or other contract with any | ||||||
16 | State, county, or federal agency, including, but not limited | ||||||
17 | to, United States Immigration and Customs Enforcement.
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18 | "Director" means the Director of Corrections.
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19 | "Emergency confinement" means the isolated confinement of | ||||||
20 | a committed person in a correctional facility when there is | ||||||
21 | reasonable cause to believe that this confinement is necessary | ||||||
22 | to reduce a substantial risk of imminent serious harm to the | ||||||
23 | committed person or others.
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24 | "Facility administrator" or "administrator" means the | ||||||
25 | chief operating officer, senior administrative designee, or |
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1 | warden of a correctional facility.
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2 | "Isolated confinement" means confinement of a committed | ||||||
3 | person in a correctional facility, under disciplinary, | ||||||
4 | administrative, protective, investigative, medical, or other | ||||||
5 | classification, in a cell or similarly confined holding or | ||||||
6 | living space, alone or with other inmates, for approximately 20 | ||||||
7 | hours or more per day, with severely restricted activity, | ||||||
8 | movement, and social interaction. | ||||||
9 | "Less restrictive intervention" means a placement or | ||||||
10 | conditions of confinement, or both, in the current or an | ||||||
11 | alternative correctional facility, under less restrictive | ||||||
12 | conditions on a committed person's movement, privileges, | ||||||
13 | activities, and social interactions. | ||||||
14 | "Medical isolation" means isolated confinement of a | ||||||
15 | committed person for medical reasons, including a mental health | ||||||
16 | emergency or when necessary to prevent the spread of a | ||||||
17 | communicable disease. | ||||||
18 | "Member of a vulnerable population" means any committed | ||||||
19 | person who:
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20 | (1) is 21 years of age or younger; | ||||||
21 | (2) is 55 years of age or older; | ||||||
22 | (3) has a disability based on a mental illness, a | ||||||
23 | history of psychiatric hospitalization, or has recently | ||||||
24 | exhibited conduct, including, but not limited to, serious | ||||||
25 | self mutilation, indicating the need for further | ||||||
26 | observation or evaluation to determine the presence of |
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1 | mental illness; | ||||||
2 | (4) has a developmental disability; | ||||||
3 | (5) has a serious medical condition which cannot | ||||||
4 | effectively be treated in isolated confinement; | ||||||
5 | (6) is pregnant; | ||||||
6 | (7) has a significant auditory or visual impairment; or | ||||||
7 | (8) is lesbian, gay, bisexual, or transgender.
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8 | "Protective custody" means confinement of a committed | ||||||
9 | person in a cell or similarly confined holding or living space, | ||||||
10 | under conditions necessary to protect the committed person or | ||||||
11 | others. | ||||||
12 | "State correctional facility" means a State prison or other | ||||||
13 | penal institution or an institution or facility designated by | ||||||
14 | the Director as a place of confinement. | ||||||
15 | Section 15. Restrictions on the use of isolated | ||||||
16 | confinement.
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17 | (a) Except as provided in subsection (b), the use of | ||||||
18 | isolated confinement in correctional facilities in this State | ||||||
19 | shall be restricted as follows:
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20 | (1) a committed person shall not be placed in isolated | ||||||
21 | confinement unless there is reasonable cause to believe | ||||||
22 | that the committed person would create a substantial risk | ||||||
23 | of immediate serious harm to himself, herself, or another, | ||||||
24 | and a less restrictive intervention would be insufficient | ||||||
25 | to reduce this risk and the correctional facility shall |
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1 | bear the burden of establishing this standard;
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2 | (2) a committed person shall not be placed in isolated | ||||||
3 | confinement before receiving a personal and comprehensive | ||||||
4 | medical and mental health examination conducted by a | ||||||
5 | clinician;
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6 | (3) the final decision to place a committed person in | ||||||
7 | isolated confinement shall be made by the facility | ||||||
8 | administrator; | ||||||
9 | (4) a committed person shall not be placed or retained | ||||||
10 | in isolated confinement if the facility administrator | ||||||
11 | determines that the committed person no longer meets the | ||||||
12 | standard for isolated confinement;
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13 | (5) a committed person who is a member of a vulnerable | ||||||
14 | population shall not be placed in isolated confinement and | ||||||
15 | any committed person who is a member of a vulnerable | ||||||
16 | population shall not be subject to discipline for refusing | ||||||
17 | treatment or medication, or for self-harming or related | ||||||
18 | conduct or threats of this conduct, and shall be placed in | ||||||
19 | a specialized unit, as designated by the Director, or be | ||||||
20 | civilly admitted or committed to an appropriate facility | ||||||
21 | designated by the Department of Human Services;
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22 | (6) a committed person shall not be placed in isolated | ||||||
23 | confinement or in any other cell or holding space or living | ||||||
24 | space, in any facility, with one or more committed persons | ||||||
25 | if there is reasonable cause to believe that there is a | ||||||
26 | risk of harm or harassment, intimidation, extortion, or |
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1 | other physical or emotional abuse to that committed person | ||||||
2 | or another committed person in that placement; and
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3 | (7) except during a facility-wide lockdown, a | ||||||
4 | committed person may not be placed in isolated confinement | ||||||
5 | for more than 5 consecutive days or more than 5 days during | ||||||
6 | any 150-day period; | ||||||
7 | (8) a committed person shall not involuntarily be | ||||||
8 | placed in isolated confinement for non-disciplinary | ||||||
9 | reasons; | ||||||
10 | (9) a committed person shall only be held in isolated | ||||||
11 | confinement under initial procedures and reviews which | ||||||
12 | provide timely, fair, and meaningful opportunities for the | ||||||
13 | committed person to contest the confinement, including the | ||||||
14 | right to an initial hearing within 72 hours of placement | ||||||
15 | and a review by the facility administrator or his or her | ||||||
16 | specifically designated employee each 4 days thereafter, | ||||||
17 | unless exceptional circumstances, unavoidable delays, or | ||||||
18 | reasonable postponements exist; the right to appear at the | ||||||
19 | hearing, the right to be represented at the hearing, an | ||||||
20 | independent hearing officer, and a written statement of | ||||||
21 | reasons for the decision made at the hearing; and | ||||||
22 | (10) cells or other holding or living spaces used for | ||||||
23 | isolated confinement shall be ventilated, lit, | ||||||
24 | temperature-controlled, clean, and equipped with properly | ||||||
25 | functioning sanitary fixtures.
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26 | (b) Isolated confinement shall be permitted under limited |
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1 | circumstances as follows:
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2 | (1) The facility administrator determines that a lock | ||||||
3 | down is to be implemented in the limited area of the | ||||||
4 | correctional facility where an outbreak or violence has | ||||||
5 | occurred, or when a facility-wide lockdown is required to | ||||||
6 | ensure the safety of committed persons in the facility | ||||||
7 | until the administrator determines that these | ||||||
8 | circumstances no longer exist. The facility administrator | ||||||
9 | shall document specific reasons why any lockdown is | ||||||
10 | necessary for more than 24 hours, and why less restrictive | ||||||
11 | interventions are insufficient to accomplish the safety | ||||||
12 | goals. Within 6 hours of a decision to extend a lockdown | ||||||
13 | beyond 24 hours, the Director shall publish the reasons on | ||||||
14 | the Department of Corrections website and provide | ||||||
15 | meaningful notice of the reasons for the lockdown to the | ||||||
16 | General Assembly.
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17 | (2) The facility administrator determines that a | ||||||
18 | committed person shall be placed in emergency confinement.
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19 | (A) A committed person shall not be held in | ||||||
20 | emergency confinement for more than 24 hours.
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21 | (B) A committed person held in emergency | ||||||
22 | confinement shall receive an initial medical and | ||||||
23 | mental health evaluation within 2 hours, and a personal | ||||||
24 | and comprehensive medical and mental health evaluation | ||||||
25 | within 24 hours. Reports of these evaluations shall be | ||||||
26 | immediately provided to the facility administrator.
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1 | (3) A physician, based on a personal examination, | ||||||
2 | determines that a committed person shall be placed or | ||||||
3 | retained in medical isolation. The decision to place and | ||||||
4 | retain a committed person in medical isolation due to a | ||||||
5 | mental health emergency shall be made by a clinician based | ||||||
6 | on a personal examination. In any case of isolation under | ||||||
7 | this paragraph (3), a clinical review shall be conducted at | ||||||
8 | least every 6 hours and as indicated. A committed person in | ||||||
9 | medical isolation under this paragraph (3) shall be placed | ||||||
10 | in a mental health unit as designated by the Director. | ||||||
11 | (4) The facility administrator determines that a | ||||||
12 | committed person should be placed in protective custody as | ||||||
13 | follows: | ||||||
14 | (A) The committed person may be placed in voluntary | ||||||
15 | protective custody only with informed, voluntary, | ||||||
16 | written consent and when there is reasonable cause to | ||||||
17 | believe that confinement is necessary to prevent | ||||||
18 | reasonably foreseeable harm and if a committed person | ||||||
19 | makes an informed voluntary written request for | ||||||
20 | protective custody, the correctional facility shall | ||||||
21 | bear the burden of establishing a basis for refusing | ||||||
22 | the request. | ||||||
23 | (B) The committed person may be placed in | ||||||
24 | involuntary protective custody only if there is clear | ||||||
25 | and convincing evidence that confinement is necessary | ||||||
26 | to prevent reasonably foreseeable harm and that no less |
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1 | restrictive intervention would be sufficient to | ||||||
2 | prevent that harm. | ||||||
3 | (C) A committed person placed in protective | ||||||
4 | custody shall receive comparable opportunities for | ||||||
5 | activities, movement, and social interaction, | ||||||
6 | consistent with his or her safety and the safety of | ||||||
7 | others, as do committed persons in the general | ||||||
8 | population of the facility. | ||||||
9 | (D) A committed person subject to removal from | ||||||
10 | protective custody shall be provided with a timely, | ||||||
11 | fair, and meaningful opportunity to contest the | ||||||
12 | removal. | ||||||
13 | (E) A committed person who may be placed or | ||||||
14 | currently is in voluntary protective custody may opt | ||||||
15 | out of that status by providing informed, voluntary, | ||||||
16 | written refusal of that status. | ||||||
17 | (5) A member of a vulnerable population shall not be | ||||||
18 | placed in isolated confinement with one or more committed | ||||||
19 | persons, except with the committed person's informed, | ||||||
20 | voluntary, and written consent.
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21 | Section 20. Department rules.
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22 | (a) Within 90 days after the effective date of this Act, | ||||||
23 | the Director shall:
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24 | (1) develop policies and implement procedures for the | ||||||
25 | review of committed persons placed in isolated confinement |
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1 | and submit proposed rules for adoption as required by this | ||||||
2 | Act; | ||||||
3 | (2) initiate a review of each committed person placed | ||||||
4 | in isolated confinement under the policies and procedures | ||||||
5 | developed and implemented under this Act; and
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6 | (3) develop a plan for providing step-down and | ||||||
7 | transitional units, programs, and staffing patterns to | ||||||
8 | accommodate committed persons currently placed in isolated | ||||||
9 | confinement.
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10 | (b) The Department of Corrections shall adopt rules to | ||||||
11 | carry out the provisions of this Act. The rules shall include, | ||||||
12 | but not be limited to:
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13 | (1) establishing less restrictive housing to isolated | ||||||
14 | confinement, including: separation from other committed | ||||||
15 | persons; transfer to other correctional facilities; any | ||||||
16 | non-isolated confinement sanction authorized by Department | ||||||
17 | of Corrections rules; removing restrictions on religious | ||||||
18 | practices, mail, telephone privileges, and visit contacts; | ||||||
19 | and restrictions on outdoor and recreation access shall | ||||||
20 | only be imposed as is necessary for the safety of the | ||||||
21 | committed person or others, and in no case shall restrict | ||||||
22 | access to food, basic necessities, or legal access; | ||||||
23 | (2) requiring training of disciplinary staff and all | ||||||
24 | staff working with committed persons in isolated | ||||||
25 | confinement and requiring that this training include:
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26 | (A) assistance from appropriate professionals in |
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1 | the Department of Human Services to periodically train | ||||||
2 | all staff working with committed persons in isolated | ||||||
3 | confinement; and
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4 | (B) standards for isolated confinement, the | ||||||
5 | identification of developmental disabilities, and the | ||||||
6 | symptoms of mental illness, including trauma | ||||||
7 | disorders, and methods of safe responses to people in | ||||||
8 | distress;
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9 | (3) requiring documentation of all decisions, | ||||||
10 | procedures, and reviews of committed persons placed in | ||||||
11 | isolated confinement;
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12 | (4) requiring monitoring of compliance with all rules | ||||||
13 | governing cells, units, and other places where committed | ||||||
14 | persons are placed in isolated confinement; and
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15 | (5) requiring posting on the official website of the | ||||||
16 | Department of Corrections of quarterly reports on the use | ||||||
17 | of isolated confinement, by age, sex, gender identity, | ||||||
18 | ethnicity, incidence of mental illness, and type of | ||||||
19 | confinement status, at each facility; these reports shall | ||||||
20 | include the population on the last day of each quarter and | ||||||
21 | a non-duplicative cumulative count of persons exposed to | ||||||
22 | isolated confinement for each fiscal year. These reports | ||||||
23 | shall include the incidence of emergency confinement, | ||||||
24 | self-harm, suicide, and assault in any isolated | ||||||
25 | confinement unit, as well as explanations for each instance | ||||||
26 | of facility-wide lockdown. These reports shall not include |
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1 | personally identifiable information regarding any | ||||||
2 | committed person.
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3 | Section 105. The Unified Code of Corrections is amended by | ||||||
4 | changing Section 3-8-7 as follows:
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5 | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
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6 | Sec. 3-8-7. Disciplinary Procedures. ) | ||||||
7 | (a) All disciplinary action shall be consistent with this
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8 | Chapter. Rules of
behavior and conduct, the penalties for | ||||||
9 | violation thereof,
and the disciplinary procedure by which such | ||||||
10 | penalties may
be imposed shall be available to committed | ||||||
11 | persons.
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12 | (b)(1) Corporal punishment and disciplinary
restrictions | ||||||
13 | on diet, medical or sanitary facilities, mail or access to | ||||||
14 | legal
materials are
prohibited.
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15 | (2) (Blank).
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16 | (3) (Blank).
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17 | (c) Review of disciplinary action imposed under this
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18 | Section shall be provided by means of the grievance
procedure | ||||||
19 | under Section 3-8-8. The Department shall provide a disciplined
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20 | person with a review of his or her disciplinary action in a | ||||||
21 | timely manner as
required by law.
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22 | (d) All institutions and facilities of the Department of | ||||||
23 | Corrections shall establish, subject to the approval of the
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24 | Director, procedures for hearing disciplinary cases except
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1 | those that may involve the imposition of disciplinary
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2 | segregation and isolation; the loss of good time credit under | ||||||
3 | Section
3-6-3 or eligibility to earn good time credit.
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4 | (e) In disciplinary cases which may involve the imposition
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5 | of disciplinary segregation and isolation, the loss of good | ||||||
6 | time credit or
eligibility to earn good time credit, the | ||||||
7 | Director shall establish disciplinary
procedures consistent | ||||||
8 | with the following principles:
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9 | (1) Any person or persons who initiate a disciplinary
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10 | charge against a person shall not determine the disposition
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11 | of the charge. The Director may establish one or more
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12 | disciplinary boards to hear and determine charges.
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13 | (2) Any committed person charged with a violation of
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14 | Department rules of behavior shall be given notice of the
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15 | charge including a statement of the misconduct alleged and
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16 | of the rules this conduct is alleged to violate.
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17 | (3) Any person charged with a violation of rules is
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18 | entitled to a hearing on that charge at which time he shall
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19 | have an opportunity to appear before and address the person
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20 | or persons deciding the charge.
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21 | (4) The person or persons determining the disposition | ||||||
22 | of
the charge may also summon to testify any witnesses or | ||||||
23 | other
persons with relevant knowledge of the incident.
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24 | (5) If the charge is sustained, the person charged is
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25 | entitled to a written statement of the decision by the
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26 | persons determining the disposition of the charge which
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1 | shall include the basis for the decision and the | ||||||
2 | disciplinary
action, if any, to be imposed.
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3 | (6) (Blank).
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4 | (f) In disciplinary cases which may involve the imposition | ||||||
5 | of segregation and isolation, isolated confinement, or | ||||||
6 | restrictive housing, the Director shall establish disciplinary | ||||||
7 | procedures consistent with the Isolated Confinement | ||||||
8 | Restriction Act. | ||||||
9 | (Source: P.A. 97-1083, eff. 8-24-12.)
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10 | Section 999. Effective date. This Act takes effect January | ||||||
11 | 1, 2018, except that this Section and Section 20 take effect | ||||||
12 | upon becoming law. |