Illinois General Assembly - Full Text of HB3140
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Full Text of HB3140  103rd General Assembly




HB3140 EnrolledLRB103 29861 RLC 56270 b

1    AN ACT concerning juveniles.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the End
5Youth Solitary Confinement Act.
6    Section 5. Purpose. The purpose of this Act is to end the
7use of solitary confinement for young detainees in detention
8centers for any purpose other than preventing immediate
9physical harm.
10    Section 10. Covered juvenile confinement.
11    (a) In this Act:
12    "Administrative hold" means the status assigned to a
13covered juvenile who is temporarily being housed in a
14particular covered juvenile center and includes, but is not
15limited to: a covered juvenile awaiting transfer to another
16juvenile detention center, a covered juvenile permanently
17assigned to another juvenile detention center being
18temporarily housed for purposes of attending court, the
19covered juvenile awaiting release, and the covered juvenile
20who was transferred to the Department of Corrections by
22    "Behavioral hold" means the status assigned to a covered



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1juvenile who is confined to the covered juvenile's own room or
2another area because he or she is engaging in dangerous
3behavior that poses a serious and immediate threat to his or
4her own safety, the safety of others, or the security of the
5juvenile detention center.
6    "Chief administrative officer" means the highest ranking
7official of a juvenile detention center.
8    "Confinement" means any instance when an individual
9covered juvenile is held for 15 minutes or more in a room,
10cell, or other area separated from other covered juveniles.
11Confinement may occur in locked or unlocked rooms.
12"Confinement" includes an administrative hold, behavioral
13hold, or investigative status. "Confinement" does not include
14medical isolation or quarantine, situations when a covered
15juvenile requests to go to his or her room, the movement of the
16covered juvenile between offices and classrooms while
17attending school, a covered juvenile who receives individual
18counseling or other therapeutic services, or staff who are in
19ongoing continuous conversation or processing with the covered
20juvenile such as a cool down.
21    "Covered juvenile" means any person under 21 years of age
22incarcerated in a Department of Juvenile Justice facility or
23any person under 18 years of age detained in a county facility
24under the authority of the local circuit court.
25    "Investigative status" means a status assigned to a
26covered juvenile for whom confinement is necessary for the



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1efficient and effective investigation of a Tier 2 or Tier 3
2offense, as defined in the Department of Juvenile Justice's
3Administrative Directive 04.01.140.
4    "Tier 2" or "Tier 3" offense means a major rules violation
5that results in immediate disciplinary consequences that are
6assigned by the staff of a facility of the Illinois Department
7of Juvenile Justice reporting the violation.
8    (b) The use of room confinement at a youth facility for
9discipline, punishment, retaliation, or any reason other than
10as a temporary response to a juvenile's behavior that poses a
11serious and immediate risk of physical harm to any individual,
12including the juvenile, is prohibited.
13    (b-5) A covered juvenile may be placed on an
14administrative hold and confined when temporarily being housed
15in a particular juvenile detention center or for
16administrative or security purposes as personally determined
17by the chief administrative officer.
18    (b-6) Placement on administrative hold shall be subject to
19the following time limitations:
20        (1) when the covered juvenile is awaiting transfer to
21    a youth facility or a more secure setting, the
22    administrative hold may not exceed 3 business days; and
23        (2) the administrative hold may not exceed 7 calendar
24    days when the covered juvenile is temporarily transferred
25    to a different facility for the purposes of placement
26    interviews, court appearances, or medical treatment.



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1    (b-7) Whenever a covered juvenile is on an administrative
2hold, the Department shall provide the covered juvenile with
3access to the same programs and services received by covered
4juveniles in the general population. Any restrictions on
5movement or access to programs and services shall be
6documented and justified by the chief administrative officer.
7    (c) If a covered juvenile poses a serious and immediate
8risk of physical harm to any individual, including the
9juvenile, before a staff member of the facility places a
10covered juvenile in room confinement, the staff member shall
11attempt to use other less restrictive options, unless
12attempting those options poses a threat to the safety or
13security of any minor or staff.
14    (d) If a covered juvenile is placed in room confinement
15because the covered juvenile poses a serious and immediate
16risk of physical harm to himself or herself, or to others, the
17covered juvenile shall be released:
18        (1) immediately when the covered juvenile has
19    sufficiently gained control so as to no longer engage in
20    behavior that threatens serious and immediate risk of
21    physical harm to himself or herself, or to others; or
22        (2) no more than 24 hours after being placed in room
23    confinement if a covered juvenile does not sufficiently
24    gain control as described in paragraph (1) of this
25    subsection (d) and poses a serious and immediate risk of
26    physical harm to himself or herself or others, not later



HB3140 Enrolled- 5 -LRB103 29861 RLC 56270 b

1    than:
2            (A) 3 hours after being placed in room
3        confinement, in the case of a covered juvenile who
4        poses a serious and immediate risk of physical harm to
5        others; or
6            (B) 30 minutes after being placed in room
7        confinement, in the case of a covered juvenile who
8        poses a serious and immediate risk of physical harm
9        only to himself or herself.
10    (e) If, after the applicable maximum period of confinement
11has expired, a covered juvenile continues to pose a serious
12and immediate risk of physical harm to others:
13        (1) the covered juvenile shall be transferred to
14    another facility, when available, or internal location
15    where services can be provided to the covered juvenile
16    without relying on room confinement; or
17        (2) if a qualified mental health professional believes
18    the level of crisis service needed is not currently
19    available, a staff member of the facility shall initiate a
20    referral to a location that can meet the needs of the
21    covered juvenile.
22    (f) Each facility detaining covered juveniles shall report
23the use of each incident of room confinement to an independent
24ombudsperson for the Department of Juvenile Justice each
25month, including:
26        (1) the name of the covered juvenile;



HB3140 Enrolled- 6 -LRB103 29861 RLC 56270 b

1        (2) demographic data, including, at a minimum, age,
2    race, gender, and primary language;
3        (3) the reason for room confinement, including how
4    detention facility officials determined the covered
5    juvenile posed an immediate risk of physical harm to
6    others or to him or herself;
7        (4) the length of room confinement;
8        (5) the number of covered juveniles transferred to
9    another facility or referral to a separate crisis location
10    covered under subsection (e); and
11        (6) the name of detention facility officials involved
12    in each instance of room confinement.
13    (g) An independent ombudsperson for the Department of
14Juvenile Justice may review a detention facility's adherence
15to this Section.