Full Text of HB5417 99th General Assembly
HB5417ham001 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 4/1/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5417
| 2 | | AMENDMENT NO. ______. Amend House Bill 5417 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. 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.
| 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 |
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| 1 | | days which can foster psychological trauma, psychiatric | 2 | | disorders, or serious, long-term damage to an isolated person's | 3 | | brain.
| 4 | | (3) The standards established in this Act shall apply to | 5 | | all persons confined in correctional facilities under the | 6 | | jurisdiction of this State regardless of the civil or criminal | 7 | | nature of the charges against them.
| 8 | | Section 10. Definitions.
In this Act: | 9 | | "Clinician" means any of the following: | 10 | | (1) a physician who is licensed to practice medicine in | 11 | | all of its branches and is certified in psychiatry by the | 12 | | American Board of Psychiatry and Neurology or the American | 13 | | Osteopathic Board of Neurology and Psychiatry, or has | 14 | | completed 4 years of an accredited post-graduate training | 15 | | program in psychiatry; or | 16 | | (2) a licensed clinical psychologist.
| 17 | | "Committed person" means a person confined in a | 18 | | correctional facility. | 19 | | "Correctional facility" means any State correctional | 20 | | facility or county correctional facility, and any State, | 21 | | county, or private facility detaining persons under any | 22 | | intergovernmental service agreement or other contract with any | 23 | | State, county, or federal agency, including, but not limited | 24 | | to, United States Immigration and Customs Enforcement.
| 25 | | "Director" means the Director of Corrections.
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| 1 | | "Emergency confinement" means the isolated confinement of | 2 | | a committed person in a correctional facility when there is | 3 | | reasonable cause to believe that this confinement is necessary | 4 | | to reduce a substantial risk of imminent serious harm to the | 5 | | committed person or others.
| 6 | | "Facility administrator" or "administrator" means the | 7 | | chief operating officer, senior administrative designee, or | 8 | | warden of a correctional facility.
| 9 | | "Isolated confinement" means confinement of a committed | 10 | | person in a correctional facility, under disciplinary, | 11 | | administrative, protective, investigative, medical, or other | 12 | | classification, in a cell or similarly confined holding or | 13 | | living space, alone or with other inmates, for approximately 20 | 14 | | hours or more per day, with severely restricted activity, | 15 | | movement, and social interaction. | 16 | | "Less restrictive intervention" means a placement or | 17 | | conditions of confinement, or both, in the current or an | 18 | | alternative correctional facility, under less restrictive | 19 | | conditions on a committed person's movement, privileges, | 20 | | activities, and social interactions. | 21 | | "Medical isolation" means isolated confinement of a | 22 | | committed person for medical reasons, including a mental health | 23 | | emergency or when necessary to prevent the spread of a | 24 | | communicable disease. | 25 | | "Member of a vulnerable population" means any committed | 26 | | person who:
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| 1 | | (1) is 21 years of age or younger; | 2 | | (2) is 55 years of age or older; | 3 | | (3) has a disability based on a mental illness, a | 4 | | history of psychiatric hospitalization, or has recently | 5 | | exhibited conduct, including, but not limited to, serious | 6 | | self mutilation, indicating the need for further | 7 | | observation or evaluation to determine the presence of | 8 | | mental illness; | 9 | | (4) has a developmental disability; | 10 | | (5) has a serious medical condition which cannot | 11 | | effectively be treated in isolated confinement; | 12 | | (6) is pregnant; | 13 | | (7) has a significant auditory or visual impairment; or | 14 | | (8) is lesbian, gay, bisexual, or transgender.
| 15 | | "Protective custody" means confinement of a committed | 16 | | person in a cell or similarly confined holding or living space, | 17 | | under conditions necessary to protect the committed person or | 18 | | others. | 19 | | "State correctional facility" means a State prison or other | 20 | | penal institution or an institution or facility designated by | 21 | | the Director as a place of confinement. | 22 | | Section 15. Restrictions on the use of isolated | 23 | | confinement.
| 24 | | (a) Except as provided in subsection (b), the use of | 25 | | isolated confinement in correctional facilities in this State |
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| 1 | | shall be restricted as follows:
| 2 | | (1) a committed person shall not be placed in isolated | 3 | | confinement unless there is reasonable cause to believe | 4 | | that the committed person would create a substantial risk | 5 | | of immediate serious harm to himself, herself, or another, | 6 | | and a less restrictive intervention would be insufficient | 7 | | to reduce this risk and the correctional facility shall | 8 | | bear the burden of establishing this standard;
| 9 | | (2) a committed person shall not be placed in isolated | 10 | | confinement before receiving a personal and comprehensive | 11 | | medical and mental health examination conducted by a | 12 | | clinician;
| 13 | | (3) the final decision to place a committed person in | 14 | | isolated confinement shall be made by the facility | 15 | | administrator; | 16 | | (4) a committed person shall not be placed or retained | 17 | | in isolated confinement if the facility administrator | 18 | | determines that the committed person no longer meets the | 19 | | standard for isolated confinement;
| 20 | | (5) a committed person who is a member of a vulnerable | 21 | | population shall not be placed in isolated confinement and | 22 | | any committed person who is a member of a vulnerable | 23 | | population shall not be subject to discipline for refusing | 24 | | treatment or medication, or for self-harming or related | 25 | | conduct or threats of this conduct, and shall be placed in | 26 | | a specialized unit, as designated by the Director, or be |
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| 1 | | civilly admitted or committed to an appropriate facility | 2 | | designated by the Department of Human Services;
| 3 | | (6) a committed person shall not be placed in isolated | 4 | | confinement or in any other cell or holding space or living | 5 | | space, in any facility, with one or more committed persons | 6 | | if there is reasonable cause to believe that there is a | 7 | | risk of harm or harassment, intimidation, extortion, or | 8 | | other physical or emotional abuse to that committed person | 9 | | or another committed person in that placement; and
| 10 | | (7) except during a facility-wide lockdown, a | 11 | | committed person may not be placed in isolated confinement | 12 | | for more than 5 consecutive days or more than 5 days during | 13 | | any 150-day period; | 14 | | (8) a committed person shall not involuntarily be | 15 | | placed in isolated confinement for non-disciplinary | 16 | | reasons; | 17 | | (9) a committed person shall only be held in isolated | 18 | | confinement under initial procedures and reviews which | 19 | | provide timely, fair, and meaningful opportunities for the | 20 | | committed person to contest the confinement, including the | 21 | | right to an initial hearing within 72 hours of placement | 22 | | and a review by the facility administrator or his or her | 23 | | specifically designated employee each 4 days thereafter, | 24 | | unless exceptional circumstances, unavoidable delays, or | 25 | | reasonable postponements exist; the right to appear at the | 26 | | hearing, the right to be represented at the hearing, an |
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| 1 | | independent hearing officer, and a written statement of | 2 | | reasons for the decision made at the hearing; and | 3 | | (10) cells or other holding or living spaces used for | 4 | | isolated confinement shall be ventilated, lit, | 5 | | temperature-controlled, clean, and equipped with properly | 6 | | functioning sanitary fixtures.
| 7 | | (b) Isolated confinement shall be permitted under limited | 8 | | circumstances as follows:
| 9 | | (1) The facility administrator determines that a lock | 10 | | down is to be implemented in the limited area of the | 11 | | correctional facility where an outbreak or violence has | 12 | | occurred, or when a facility-wide lockdown is required to | 13 | | ensure the safety of committed persons in the facility | 14 | | until the administrator determines that these | 15 | | circumstances no longer exist. The facility administrator | 16 | | shall document specific reasons why any lockdown is | 17 | | necessary for more than 24 hours, and why less restrictive | 18 | | interventions are insufficient to accomplish the safety | 19 | | goals. Within 6 hours of a decision to extend a lockdown | 20 | | beyond 24 hours, the Director shall publish the reasons on | 21 | | the Department of Corrections website and provide | 22 | | meaningful notice of the reasons for the lockdown to the | 23 | | General Assembly.
| 24 | | (2) The facility administrator determines that a | 25 | | committed person shall be placed in emergency confinement.
| 26 | | (A) A committed person shall not be held in |
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| 1 | | emergency confinement for more than 24 hours.
| 2 | | (B) A committed person held in emergency | 3 | | confinement shall receive an initial medical and | 4 | | mental health evaluation within 2 hours, and a personal | 5 | | and comprehensive medical and mental health evaluation | 6 | | within 24 hours. Reports of these evaluations shall be | 7 | | immediately provided to the facility administrator.
| 8 | | (3) A physician, based on a personal examination, | 9 | | determines that a committed person shall be placed or | 10 | | retained in medical isolation. The decision to place and | 11 | | retain a committed person in medical isolation due to a | 12 | | mental health emergency shall be made by a clinician based | 13 | | on a personal examination. In any case of isolation under | 14 | | this paragraph (3), a clinical review shall be conducted at | 15 | | least every 6 hours and as indicated. A committed person in | 16 | | medical isolation under this paragraph (3) shall be placed | 17 | | in a mental health unit as designated by the Director. | 18 | | (4) The facility administrator determines that a | 19 | | committed person should be placed in protective custody as | 20 | | follows: | 21 | | (A) The committed person may be placed in voluntary | 22 | | protective custody only with informed, voluntary, | 23 | | written consent and when there is reasonable cause to | 24 | | believe that confinement is necessary to prevent | 25 | | reasonably foreseeable harm and if a committed person | 26 | | makes an informed voluntary written request for |
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| 1 | | protective custody, the correctional facility shall | 2 | | bear the burden of establishing a basis for refusing | 3 | | the request. | 4 | | (B) The committed person may be placed in | 5 | | involuntary protective custody only if there is clear | 6 | | and convincing evidence that confinement is necessary | 7 | | to prevent reasonably foreseeable harm and that no less | 8 | | restrictive intervention would be sufficient to | 9 | | prevent that harm. | 10 | | (C) A committed person placed in protective | 11 | | custody shall receive comparable opportunities for | 12 | | activities, movement, and social interaction, | 13 | | consistent with his or her safety and the safety of | 14 | | others, as do committed persons in the general | 15 | | population of the facility. | 16 | | (D) A committed person subject to removal from | 17 | | protective custody shall be provided with a timely, | 18 | | fair, and meaningful opportunity to contest the | 19 | | removal. | 20 | | (E) A committed person who may be placed or | 21 | | currently is in voluntary protective custody may opt | 22 | | out of that status by providing informed, voluntary, | 23 | | written refusal of that status. | 24 | | (5) A member of a vulnerable population shall not be | 25 | | placed in isolated confinement with one or more committed | 26 | | persons, except with the committed person's informed, |
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| 1 | | voluntary, and written consent.
| 2 | | Section 20. Department rules.
| 3 | | (a) Within 90 days after the effective date of this Act, | 4 | | the Director shall:
| 5 | | (1) develop policies and implement procedures for the | 6 | | review of committed persons placed in isolated confinement | 7 | | and submit proposed rules for adoption as required by this | 8 | | Act; | 9 | | (2) initiate a review of each committed person placed | 10 | | in isolated confinement under the policies and procedures | 11 | | developed and implemented under this Act; and
| 12 | | (3) develop a plan for providing step-down and | 13 | | transitional units, programs, and staffing patterns to | 14 | | accommodate committed persons currently placed in isolated | 15 | | confinement.
| 16 | | (b) The Department of Corrections shall adopt rules to | 17 | | carry out the provisions of this Act. The rules shall include, | 18 | | but not be limited to:
| 19 | | (1) establishing less restrictive housing to isolated | 20 | | confinement, including: separation from other committed | 21 | | persons; transfer to other correctional facilities; any | 22 | | non-isolated confinement sanction authorized by Department | 23 | | of Corrections rules; removing restrictions on religious | 24 | | practices, mail, telephone privileges, and visit contacts; | 25 | | and restrictions on outdoor and recreation access shall |
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| 1 | | only be imposed as is necessary for the safety of the | 2 | | committed person or others, and in no case shall restrict | 3 | | access to food, basic necessities, or legal access; | 4 | | (2) requiring training of disciplinary staff and all | 5 | | staff working with committed persons in isolated | 6 | | confinement and requiring that this training include:
| 7 | | (A) assistance from appropriate professionals in | 8 | | the Department of Human Services to periodically train | 9 | | all staff working with committed persons in isolated | 10 | | confinement; and
| 11 | | (B) standards for isolated confinement, the | 12 | | identification of developmental disabilities, and the | 13 | | symptoms of mental illness, including trauma | 14 | | disorders, and methods of safe responses to people in | 15 | | distress;
| 16 | | (3) requiring documentation of all decisions, | 17 | | procedures, and reviews of committed persons placed in | 18 | | isolated confinement;
| 19 | | (4) requiring monitoring of compliance with all rules | 20 | | governing cells, units, and other places where committed | 21 | | persons are placed in isolated confinement; and
| 22 | | (5) requiring posting on the official website of the | 23 | | Department of Corrections of quarterly reports on the use | 24 | | of isolated confinement, by age, sex, gender identity, | 25 | | ethnicity, incidence of mental illness, and type of | 26 | | confinement status, at each facility; these reports shall |
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| 1 | | include the population on the last day of each quarter and | 2 | | a non-duplicative cumulative count of persons exposed to | 3 | | isolated confinement for each fiscal year. These reports | 4 | | shall include the incidence of emergency confinement, | 5 | | self-harm, suicide, and assault in any isolated | 6 | | confinement unit, as well as explanations for each instance | 7 | | of facility-wide lockdown. These reports shall not include | 8 | | personally identifiable information regarding any | 9 | | committed person.
| 10 | | Section 105. The Unified Code of Corrections is amended by | 11 | | changing Section 3-8-7 as follows:
| 12 | | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
| 13 | | Sec. 3-8-7. Disciplinary Procedures. ) | 14 | | (a) All disciplinary action shall be consistent with this
| 15 | | Chapter. Rules of
behavior and conduct, the penalties for | 16 | | violation thereof,
and the disciplinary procedure by which such | 17 | | penalties may
be imposed shall be available to committed | 18 | | persons.
| 19 | | (b)(1) Corporal punishment and disciplinary
restrictions | 20 | | on diet, medical or sanitary facilities, mail or access to | 21 | | legal
materials are
prohibited.
| 22 | | (2) (Blank).
| 23 | | (3) (Blank).
| 24 | | (c) Review of disciplinary action imposed under this
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| 1 | | Section shall be provided by means of the grievance
procedure | 2 | | under Section 3-8-8. The Department shall provide a disciplined
| 3 | | person with a review of his or her disciplinary action in a | 4 | | timely manner as
required by law.
| 5 | | (d) All institutions and facilities of the Department of | 6 | | Corrections shall establish, subject to the approval of the
| 7 | | Director, procedures for hearing disciplinary cases except
| 8 | | those that may involve the imposition of disciplinary
| 9 | | segregation and isolation; the loss of good time credit under | 10 | | Section
3-6-3 or eligibility to earn good time credit.
| 11 | | (e) In disciplinary cases which may involve the imposition
| 12 | | of disciplinary segregation and isolation, the loss of good | 13 | | time credit or
eligibility to earn good time credit, the | 14 | | Director shall establish disciplinary
procedures consistent | 15 | | with the following principles:
| 16 | | (1) Any person or persons who initiate a disciplinary
| 17 | | charge against a person shall not determine the disposition
| 18 | | of the charge. The Director may establish one or more
| 19 | | disciplinary boards to hear and determine charges.
| 20 | | (2) Any committed person charged with a violation of
| 21 | | Department rules of behavior shall be given notice of the
| 22 | | charge including a statement of the misconduct alleged and
| 23 | | of the rules this conduct is alleged to violate.
| 24 | | (3) Any person charged with a violation of rules is
| 25 | | entitled to a hearing on that charge at which time he shall
| 26 | | have an opportunity to appear before and address the person
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| 1 | | or persons deciding the charge.
| 2 | | (4) The person or persons determining the disposition | 3 | | of
the charge may also summon to testify any witnesses or | 4 | | other
persons with relevant knowledge of the incident.
| 5 | | (5) If the charge is sustained, the person charged is
| 6 | | entitled to a written statement of the decision by the
| 7 | | persons determining the disposition of the charge which
| 8 | | shall include the basis for the decision and the | 9 | | disciplinary
action, if any, to be imposed.
| 10 | | (6) (Blank).
| 11 | | (f) In disciplinary cases which may involve the imposition | 12 | | of segregation and isolation, isolated confinement, or | 13 | | restrictive housing, the Director shall establish disciplinary | 14 | | procedures consistent with the Isolated Confinement | 15 | | Restriction Act. | 16 | | (Source: P.A. 97-1083, eff. 8-24-12.)
| 17 | | Section 999. Effective date. This Act takes effect January | 18 | | 1, 2017, except that this Section and Section 20 take effect | 19 | | upon becoming law.".
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