Illinois General Assembly - Full Text of HB3564
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Full Text of HB3564  102nd General Assembly

HB3564eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3564 EngrossedLRB102 04278 RLC 20701 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 0.05. This Act may be referred to as the Anthony
5Gay Law.
 
6    Section 1. Short title. This Act may be cited as the
7Isolated Confinement Restriction Act.
 
8    Section 5. Definitions. In this Act:
9    "Correctional facility" means any State correctional
10facility or county correctional facility, and any State,
11county or private facility detaining persons under any
12intergovernmental service agreement or other contract with any
13State, county, or federal agency, including, but not limited
14to, United States Immigration and Customs Enforcement.
15    "Facility administrator" means the chief operating
16officer, senior administrative designee, or warden of a
17correctional facility.
18    "Isolated confinement" means confinement of a committed
19person in a correctional facility in a cell or confined living
20space, alone or with other inmates, for more than 20 hours in
21any 24-hour period.
22    "Protective custody" means confinement of a committed

 

 

HB3564 Engrossed- 2 -LRB102 04278 RLC 20701 b

1person in a cell or confined living space under conditions
2necessary to protect the committed person or others.
 
3    Section 10. Restrictions on the use of isolated
4confinement.
5    (a) Except as provided in subsection (b), the use of
6isolated confinement in correctional facilities in this State
7shall be restricted as follows:
8        (1) A committed person may not be placed in isolated
9    confinement for more than 10 consecutive days.
10        (2) A committed person may not be placed in isolated
11    confinement for more than 10 days in any 180-day period.
12        (3) While out of cell, committed persons may have
13    access to activities, including but not limited to: job
14    assignments, educational classes, vocational classes,
15    meals, recreation, yard or gymnasium, day room, medical
16    appointments, visits, and group therapy.
17    (b) Isolated confinement shall be permitted if the
18facility administrator determines that a committed person
19should be placed in protective custody. The facility
20administrator's use of protective custody is limited as
21follows:
22        (1) The committed person may be placed in protective
23    custody only with informed, voluntary written consent of
24    the committed person.
25        (2) A committed person in protective custody may opt

 

 

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1    out of that status by providing informed, voluntary,
2    written refusal of that status.
3    (c) Nothing in this Act is intended to restrict any rights
4or privileges a committed person may have under any other
5statute, rule, or regulation.
 
6    Section 15. Data publication. The Department of
7Corrections shall post on the Department's official website
8quarterly reports on the use of isolated confinement. Those
9reports shall include data on the use of isolated confinement
10by age, sex, gender identity, ethnicity, incidence of mental
11illness, and type of confinement status, at each facility;
12these reports shall include the population on the last day of
13each quarter and a non-duplicative cumulative count of persons
14exposed to isolated confinement for each fiscal year. These
15reports shall include the incidence of emergency confinement,
16self-harm, suicide, and assault in any isolated confinement
17unit, as well as explanations for each instance of
18facility-wide lockdown. These reports shall include data on
19the access to health care, including the time it takes for a
20confined person to access medical care following a request and
21the time between routine mental and physical checkups. These
22reports shall not include personally identifiable information
23regarding any committed person.
 
24    Section 105. The Unified Code of Corrections is amended by

 

 

HB3564 Engrossed- 4 -LRB102 04278 RLC 20701 b

1changing Section 3-8-7 as follows:
 
2    (730 ILCS 5/3-8-7)  (from Ch. 38, par. 1003-8-7)
3    Sec. 3-8-7. Disciplinary Procedures.)
4    (a) All disciplinary action shall be consistent with this
5Chapter. Rules of behavior and conduct, the penalties for
6violation thereof, and the disciplinary procedure by which
7such penalties may be imposed shall be available to committed
8persons.
9    (b)(1) Corporal punishment and disciplinary restrictions
10on diet, medical or sanitary facilities, mail or access to
11legal materials are prohibited.
12    (2) (Blank).
13    (3) (Blank).
14    (c) Review of disciplinary action imposed under this
15Section shall be provided by means of the grievance procedure
16under Section 3-8-8. The Department shall provide a
17disciplined person with a review of his or her disciplinary
18action in a timely manner as required by law.
19    (d) All institutions and facilities of the Department of
20Corrections shall establish, subject to the approval of the
21Director, procedures for hearing disciplinary cases except
22those that may involve the imposition of disciplinary
23segregation and isolation; the loss of good time credit under
24Section 3-6-3 or eligibility to earn good time credit.
25    (e) In disciplinary cases which may involve the imposition

 

 

HB3564 Engrossed- 5 -LRB102 04278 RLC 20701 b

1of disciplinary segregation and isolation, the loss of good
2time credit or eligibility to earn good time credit, the
3Director shall establish disciplinary procedures consistent
4with the following principles:
5        (1) Any person or persons who initiate a disciplinary
6    charge against a person shall not determine the
7    disposition of the charge. The Director may establish one
8    or more disciplinary boards to hear and determine charges.
9        (2) Any committed person charged with a violation of
10    Department rules of behavior shall be given notice of the
11    charge including a statement of the misconduct alleged and
12    of the rules this conduct is alleged to violate.
13        (3) Any person charged with a violation of rules is
14    entitled to a hearing on that charge at which time he shall
15    have an opportunity to appear before and address the
16    person or persons deciding the charge.
17        (4) The person or persons determining the disposition
18    of the charge may also summon to testify any witnesses or
19    other persons with relevant knowledge of the incident.
20        (5) If the charge is sustained, the person charged is
21    entitled to a written statement of the decision by the
22    persons determining the disposition of the charge which
23    shall include the basis for the decision and the
24    disciplinary action, if any, to be imposed.
25        (6) (Blank).
26    (f) In disciplinary cases which may involve the imposition

 

 

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1of segregation and isolation, isolated confinement, or
2restrictive housing, the Director shall establish disciplinary
3procedures consistent with the Isolated Confinement
4Restriction Act.
5(Source: P.A. 97-1083, eff. 8-24-12.)
 
6    Section 999. Effective date. This Act takes effect January
71, 2022, except that this Section and Section 15 take effect
8upon becoming law.