HB3738 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3738

 

Introduced 2/22/2021, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement of a person under 21 years of age at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Establishes procedures for placing a covered juvenile in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others. Provides that each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month. Defines "covered juvenile".


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A BILL FOR

 

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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 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 prisons,
8jails, and other detention centers for any purpose other than
9preventing immediate physical harm.
 
10    Section 10. Covered juvenile confinement
11    (a) In this Act, "covered juvenile" means any person under
1221 years of age incarcerated in a correctional facility, jail,
13or detention facility of any kind operated by the Department
14of Corrections, the Department of Juvenile Justice, a county,
15or a municipality.
16    (b) The use of room confinement at a juvenile or
17correctional facility for discipline, punishment, retaliation,
18or any reason other than as a temporary response to a
19juvenile's behavior that poses a serious and immediate risk of
20physical harm to any individual, including the juvenile, is
21prohibited.
22    (c) If a covered juvenile poses a serious and immediate

 

 

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1risk of physical harm to any individual, including the
2juvenile, before a staff member of the facility places a
3covered juvenile in room confinement, the staff member shall
4attempt to use other less restrictive options, unless
5attempting those options poses a threat to the safety or
6security of any minor or staff.
7    (d) If a covered juvenile is placed in room confinement
8because the covered juvenile poses a serious and immediate
9risk of physical harm to himself or herself, or to others, the
10covered juvenile shall be released:
11        (1) immediately when the covered juvenile has
12    sufficiently gained control so as to no longer engage in
13    behavior that threatens serious and immediate risk of
14    physical harm to himself or herself, or to others; or
15        (2) no more than 24 hours after being placed in room
16    confinement if a covered juvenile does not sufficiently
17    gain control as described in paragraph (1) of this
18    subsection (d) and poses a serious and immediate risk of
19    physical harm to himself or herself or others, not later
20    than:
21            (A) 3 hours after being placed in room
22        confinement, in the case of a covered juvenile who
23        poses a serious and immediate risk of physical harm to
24        others; or
25            (B) 30 minutes after being placed in room
26        confinement, in the case of a covered juvenile who

 

 

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1        poses a serious and immediate risk of physical harm
2        only to himself or herself.
3    (e) If, after the applicable maximum period of confinement
4has expired, a covered juvenile continues to pose a serious
5and immediate risk of physical harm to others:
6        (1) the covered juvenile shall be transferred to
7    another juvenile facility or internal location where
8    services can be provided to the covered juvenile without
9    relying on room confinement; or
10        (2) if a qualified mental health professional believes
11    the level of crisis service needed is not currently
12    available, a staff member of the facility shall initiate a
13    referral to a location that can meet the needs of the
14    covered juvenile.
15    (f) Each facility detaining covered juveniles shall report
16the use of each incident of room confinement to the Attorney
17General each month, including:
18        (1) the name of the covered juvenile;
19        (2) demographic data, including, at a minimum, age,
20    race, gender, and primary language;
21        (3) the reason for room confinement, including how
22    detention facility officials determined the covered
23    juvenile posed an immediate risk of physical harm to
24    others or to him or herself;
25        (4) the length of room confinement;
26        (5) the number of covered juveniles transferred to

 

 

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1    another facility or referral to a separate crisis location
2    covered under subsection (e); and
3        (6) the name of detention facility officials involved
4    in each instance of room confinement.
5    (g) The Attorney General shall be empowered to review and
6enforce detention facility's adherence to this Section.