Rep. La Shawn K. Ford
Filed: 2/23/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 259
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 259 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Isolated Confinement Restriction Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Correctional facility" means any State correctional | ||||||
8 | facility or county correctional facility, and any State, county | ||||||
9 | or private facility detaining persons under any | ||||||
10 | intergovernmental service agreement or other contract with any | ||||||
11 | State, county, or federal agency, including, but not limited | ||||||
12 | to, United States Immigration and Customs Enforcement. | ||||||
13 | "Facility administrator" means the chief operating | ||||||
14 | officer, senior administrative designee, or warden of a | ||||||
15 | correctional facility. | ||||||
16 | "Isolated confinement" means confinement of a committed |
| |||||||
| |||||||
1 | person in a correctional facility in a cell or confined living | ||||||
2 | space, alone or with other inmates, for more than 20 hours in | ||||||
3 | any 24-hour period. | ||||||
4 | "Protective custody" means confinement of a committed | ||||||
5 | person in a cell or confined living space under conditions | ||||||
6 | necessary to protect the committed person or others.
| ||||||
7 | Section 10. Restrictions on the use of isolated | ||||||
8 | confinement. | ||||||
9 | (a) Except as provided in subsection (b) of this Section, | ||||||
10 | the use of isolated confinement in correctional facilities in | ||||||
11 | this State shall be restricted as follows: | ||||||
12 | (1) A committed person may not be placed in isolated | ||||||
13 | confinement for more than 10 consecutive days.
| ||||||
14 | (2) A committed person may not be placed in isolated | ||||||
15 | confinement for more than 10 days in any 180-day period. | ||||||
16 | (3) While out of cell, committed persons may have | ||||||
17 | access to activities, including but not limited to: job | ||||||
18 | assignments, educational classes, vocational classes, | ||||||
19 | meals, recreation, yard or gymnasium, day room, medical | ||||||
20 | appointments, visits, and group therapy. | ||||||
21 | (b) Isolated confinement shall be permitted if the facility | ||||||
22 | administrator determines that a committed person should be | ||||||
23 | placed in protective custody. The facility administrator's use | ||||||
24 | of protective custody is limited as follows: | ||||||
25 | (1) The committed person may be placed in protective |
| |||||||
| |||||||
1 | custody only with informed, voluntary written consent of | ||||||
2 | the committed person.
| ||||||
3 | (2) A committed person in protective custody may opt | ||||||
4 | out of that status by providing informed, voluntary, | ||||||
5 | written refusal of that status. | ||||||
6 | (c) Nothing in this Act is intended to restrict any rights | ||||||
7 | or privileges a committed person may have under any other | ||||||
8 | statute, rule, or regulation.
| ||||||
9 | Section 15. Data publication.
The Department of | ||||||
10 | Corrections shall post on the Department's official website | ||||||
11 | quarterly reports on the use of isolated confinement. Those | ||||||
12 | reports shall include data on the use of isolated confinement | ||||||
13 | by age, sex, gender identity, ethnicity, incidence of mental | ||||||
14 | illness, and type of confinement status, at each facility; | ||||||
15 | these reports shall include the population on the last day of | ||||||
16 | each quarter and a non-duplicative cumulative count of persons | ||||||
17 | exposed to isolated confinement for each fiscal year. These | ||||||
18 | reports shall include the incidence of emergency confinement, | ||||||
19 | self-harm, suicide, and assault in any isolated confinement | ||||||
20 | unit, as well as explanations for each instance of | ||||||
21 | facility-wide lockdown. These reports shall include data on the | ||||||
22 | access to health care, including the time it takes for a | ||||||
23 | confined person to access medical care following a request and | ||||||
24 | the time between routine mental and physical checkups. These | ||||||
25 | reports shall not include personally identifiable information |
| |||||||
| |||||||
1 | regarding any committed person. | ||||||
2 | Section 105. The Unified Code of Corrections is amended by | ||||||
3 | changing Section 3-8-7 as follows:
| ||||||
4 | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
| ||||||
5 | Sec. 3-8-7. Disciplinary Procedures. ) | ||||||
6 | (a) All disciplinary action shall be consistent with this
| ||||||
7 | Chapter. Rules of
behavior and conduct, the penalties for | ||||||
8 | violation thereof,
and the disciplinary procedure by which such | ||||||
9 | penalties may
be imposed shall be available to committed | ||||||
10 | persons.
| ||||||
11 | (b)(1) Corporal punishment and disciplinary
restrictions | ||||||
12 | on diet, medical or sanitary facilities, mail or access to | ||||||
13 | legal
materials are
prohibited.
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) (Blank).
| ||||||
16 | (c) Review of disciplinary action imposed under this
| ||||||
17 | Section shall be provided by means of the grievance
procedure | ||||||
18 | under Section 3-8-8. The Department shall provide a disciplined
| ||||||
19 | person with a review of his or her disciplinary action in a | ||||||
20 | timely manner as
required by law.
| ||||||
21 | (d) All institutions and facilities of the Department of | ||||||
22 | Corrections shall establish, subject to the approval of the
| ||||||
23 | Director, procedures for hearing disciplinary cases except
| ||||||
24 | those that may involve the imposition of disciplinary
|
| |||||||
| |||||||
1 | segregation and isolation; the loss of good time credit under | ||||||
2 | Section
3-6-3 or eligibility to earn good time credit.
| ||||||
3 | (e) In disciplinary cases which may involve the imposition
| ||||||
4 | of disciplinary segregation and isolation, the loss of good | ||||||
5 | time credit or
eligibility to earn good time credit, the | ||||||
6 | Director shall establish disciplinary
procedures consistent | ||||||
7 | with the following principles:
| ||||||
8 | (1) Any person or persons who initiate a disciplinary
| ||||||
9 | charge against a person shall not determine the disposition
| ||||||
10 | of the charge. The Director may establish one or more
| ||||||
11 | disciplinary boards to hear and determine charges.
| ||||||
12 | (2) Any committed person charged with a violation of
| ||||||
13 | Department rules of behavior shall be given notice of the
| ||||||
14 | charge including a statement of the misconduct alleged and
| ||||||
15 | of the rules this conduct is alleged to violate.
| ||||||
16 | (3) Any person charged with a violation of rules is
| ||||||
17 | entitled to a hearing on that charge at which time he shall
| ||||||
18 | have an opportunity to appear before and address the person
| ||||||
19 | or persons deciding the charge.
| ||||||
20 | (4) The person or persons determining the disposition | ||||||
21 | of
the charge may also summon to testify any witnesses or | ||||||
22 | other
persons with relevant knowledge of the incident.
| ||||||
23 | (5) If the charge is sustained, the person charged is
| ||||||
24 | entitled to a written statement of the decision by the
| ||||||
25 | persons determining the disposition of the charge which
| ||||||
26 | shall include the basis for the decision and the |
| |||||||
| |||||||
1 | disciplinary
action, if any, to be imposed.
| ||||||
2 | (6) (Blank).
| ||||||
3 | (f) In disciplinary cases which may involve the imposition | ||||||
4 | of segregation and isolation, isolated confinement, or | ||||||
5 | restrictive housing, the Director shall establish disciplinary | ||||||
6 | procedures consistent with the Isolated Confinement | ||||||
7 | Restriction Act. | ||||||
8 | (Source: P.A. 97-1083, eff. 8-24-12.)
| ||||||
9 | Section 999. Effective date. This Act takes effect January | ||||||
10 | 1, 2018, except that this Section and Section 15 take effect | ||||||
11 | upon becoming law.".
|