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Synopsis As Introduced Creates the Isolated Confinement Restriction Act. Restricts the use of isolated confinement in correctional facilities in the State. Provides that a committed person shall not be placed in isolated confinement unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to himself, herself, or another, and a less restrictive intervention would be insufficient to reduce this risk and the correctional facility shall bear the burden of establishing this standard. Provides that a committed person shall not be placed in isolated confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician. Defines "clinician" as: (1) a physician who is licensed to practice medicine in all of its branches and is certified in psychiatry by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry, or has completed 4 years of an accredited post-graduate training program in psychiatry; or (2) a licensed clinical psychologist. Provides that a committed person held in emergency confinement shall receive an initial medical and mental health evaluation within 2 hours. Establishes conditions in which a committed person may be placed in protective custody. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2018, except that the Department of Corrections rules provisions are effective immediately.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Isolated Confinement Restriction Act. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that while out of cell, committed persons may have access to activities, including but not limited to: job assignments, educational classes, vocational classes, meals, recreation, yard or gymnasium, day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2018, except that some provisions effective immediately.
Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
These enhancements would not result in an increase of offenders in the prison population and will have an unknown fiscal impact on the Department over the first ten years after enactment. There would be policy and reporting requirements for the Department associated with these provisions that could be handled by current staff at no additional cost.
Fiscal Note, House Committee Amendment No. 1 (Dept of Corrections)
These enhancements would not result in an increase of offenders in the prison population and will have an unknown fiscal impact on the Department over the first ten years after enactment. There would be policy and reporting requirements for the Department associated with these provisions that could be handled by current staff at no additional cost.
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