Full Text of HB5417 99th General Assembly
HB5417eng 99TH GENERAL ASSEMBLY |
| | HB5417 Engrossed | | LRB099 17537 RLC 41895 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 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 | 17 | | days which can foster psychological trauma, psychiatric | 18 | | disorders, or serious, long-term damage to an isolated person's | 19 | | brain.
| 20 | | (3) The standards established in this Act shall apply to | 21 | | all persons confined in correctional facilities under the | 22 | | jurisdiction of this State regardless of the civil or criminal | 23 | | nature of the charges against them.
|
| | | HB5417 Engrossed | - 2 - | LRB099 17537 RLC 41895 b |
|
| 1 | | Section 10. Definitions.
In this Act: | 2 | | "Clinician" means any of the following: | 3 | | (1) a physician who is licensed to practice medicine in | 4 | | all of its branches and is certified in psychiatry by the | 5 | | American Board of Psychiatry and Neurology or the American | 6 | | Osteopathic Board of Neurology and Psychiatry, or has | 7 | | completed 4 years of an accredited post-graduate training | 8 | | program in psychiatry; or | 9 | | (2) a licensed clinical psychologist.
| 10 | | "Committed person" means a person confined in a | 11 | | correctional facility. | 12 | | "Correctional facility" means any State correctional | 13 | | facility or county correctional facility, and any State, | 14 | | county, or private facility detaining persons under any | 15 | | intergovernmental service agreement or other contract with any | 16 | | State, county, or federal agency, including, but not limited | 17 | | to, United States Immigration and Customs Enforcement.
| 18 | | "Director" means the Director of Corrections.
| 19 | | "Emergency confinement" means the isolated confinement of | 20 | | a committed person in a correctional facility when there is | 21 | | reasonable cause to believe that this confinement is necessary | 22 | | to reduce a substantial risk of imminent serious harm to the | 23 | | committed person or others.
| 24 | | "Facility administrator" or "administrator" means the | 25 | | chief operating officer, senior administrative designee, or |
| | | HB5417 Engrossed | - 3 - | LRB099 17537 RLC 41895 b |
|
| 1 | | warden of a correctional facility.
| 2 | | "Isolated confinement" means confinement of a committed | 3 | | person in a correctional facility, under disciplinary, | 4 | | administrative, protective, investigative, medical, or other | 5 | | classification, in a cell or similarly confined holding or | 6 | | living space, alone or with other inmates, for approximately 20 | 7 | | hours or more per day, with severely restricted activity, | 8 | | movement, and social interaction. | 9 | | "Less restrictive intervention" means a placement or | 10 | | conditions of confinement, or both, in the current or an | 11 | | alternative correctional facility, under less restrictive | 12 | | conditions on a committed person's movement, privileges, | 13 | | activities, and social interactions. | 14 | | "Medical isolation" means isolated confinement of a | 15 | | committed person for medical reasons, including a mental health | 16 | | emergency or when necessary to prevent the spread of a | 17 | | communicable disease. | 18 | | "Member of a vulnerable population" means any committed | 19 | | person who:
| 20 | | (1) is 21 years of age or younger; | 21 | | (2) is 55 years of age or older; | 22 | | (3) has a disability based on a mental illness, a | 23 | | history of psychiatric hospitalization, or has recently | 24 | | exhibited conduct, including, but not limited to, serious | 25 | | self mutilation, indicating the need for further | 26 | | observation or evaluation to determine the presence of |
| | | HB5417 Engrossed | - 4 - | LRB099 17537 RLC 41895 b |
|
| 1 | | mental illness; | 2 | | (4) has a developmental disability; | 3 | | (5) has a serious medical condition which cannot | 4 | | effectively be treated in isolated confinement; | 5 | | (6) is pregnant; | 6 | | (7) has a significant auditory or visual impairment; or | 7 | | (8) is lesbian, gay, bisexual, or transgender.
| 8 | | "Protective custody" means confinement of a committed | 9 | | person in a cell or similarly confined holding or living space, | 10 | | under conditions necessary to protect the committed person or | 11 | | others. | 12 | | "State correctional facility" means a State prison or other | 13 | | penal institution or an institution or facility designated by | 14 | | the Director as a place of confinement. | 15 | | Section 15. Restrictions on the use of isolated | 16 | | confinement.
| 17 | | (a) Except as provided in subsection (b), the use of | 18 | | isolated confinement in correctional facilities in this State | 19 | | shall be restricted as follows:
| 20 | | (1) a committed person shall not be placed in isolated | 21 | | confinement unless there is reasonable cause to believe | 22 | | that the committed person would create a substantial risk | 23 | | of immediate serious harm to himself, herself, or another, | 24 | | and a less restrictive intervention would be insufficient | 25 | | to reduce this risk and the correctional facility shall |
| | | HB5417 Engrossed | - 5 - | LRB099 17537 RLC 41895 b |
|
| 1 | | bear the burden of establishing this standard;
| 2 | | (2) a committed person shall not be placed in isolated | 3 | | confinement before receiving a personal and comprehensive | 4 | | medical and mental health examination conducted by a | 5 | | clinician;
| 6 | | (3) the final decision to place a committed person in | 7 | | isolated confinement shall be made by the facility | 8 | | administrator; | 9 | | (4) a committed person shall not be placed or retained | 10 | | in isolated confinement if the facility administrator | 11 | | determines that the committed person no longer meets the | 12 | | standard for isolated confinement;
| 13 | | (5) a committed person who is a member of a vulnerable | 14 | | population shall not be placed in isolated confinement and | 15 | | any committed person who is a member of a vulnerable | 16 | | population shall not be subject to discipline for refusing | 17 | | treatment or medication, or for self-harming or related | 18 | | conduct or threats of this conduct, and shall be placed in | 19 | | a specialized unit, as designated by the Director, or be | 20 | | civilly admitted or committed to an appropriate facility | 21 | | designated by the Department of Human Services;
| 22 | | (6) a committed person shall not be placed in isolated | 23 | | confinement or in any other cell or holding space or living | 24 | | space, in any facility, with one or more committed persons | 25 | | if there is reasonable cause to believe that there is a | 26 | | risk of harm or harassment, intimidation, extortion, or |
| | | HB5417 Engrossed | - 6 - | LRB099 17537 RLC 41895 b |
|
| 1 | | other physical or emotional abuse to that committed person | 2 | | or another committed person in that placement; and
| 3 | | (7) except during a facility-wide lockdown, a | 4 | | committed person may not be placed in isolated confinement | 5 | | for more than 5 consecutive days or more than 5 days during | 6 | | any 150-day period; | 7 | | (8) a committed person shall not involuntarily be | 8 | | placed in isolated confinement for non-disciplinary | 9 | | reasons; | 10 | | (9) a committed person shall only be held in isolated | 11 | | confinement under initial procedures and reviews which | 12 | | provide timely, fair, and meaningful opportunities for the | 13 | | committed person to contest the confinement, including the | 14 | | right to an initial hearing within 72 hours of placement | 15 | | and a review by the facility administrator or his or her | 16 | | specifically designated employee each 4 days thereafter, | 17 | | unless exceptional circumstances, unavoidable delays, or | 18 | | reasonable postponements exist; the right to appear at the | 19 | | hearing, the right to be represented at the hearing, an | 20 | | independent hearing officer, and a written statement of | 21 | | reasons for the decision made at the hearing; and | 22 | | (10) cells or other holding or living spaces used for | 23 | | isolated confinement shall be ventilated, lit, | 24 | | temperature-controlled, clean, and equipped with properly | 25 | | functioning sanitary fixtures.
| 26 | | (b) Isolated confinement shall be permitted under limited |
| | | HB5417 Engrossed | - 7 - | LRB099 17537 RLC 41895 b |
|
| 1 | | circumstances as follows:
| 2 | | (1) The facility administrator determines that a lock | 3 | | down is to be implemented in the limited area of the | 4 | | correctional facility where an outbreak or violence has | 5 | | occurred, or when a facility-wide lockdown is required to | 6 | | ensure the safety of committed persons in the facility | 7 | | until the administrator determines that these | 8 | | circumstances no longer exist. The facility administrator | 9 | | shall document specific reasons why any lockdown is | 10 | | necessary for more than 24 hours, and why less restrictive | 11 | | interventions are insufficient to accomplish the safety | 12 | | goals. Within 6 hours of a decision to extend a lockdown | 13 | | beyond 24 hours, the Director shall publish the reasons on | 14 | | the Department of Corrections website and provide | 15 | | meaningful notice of the reasons for the lockdown to the | 16 | | General Assembly.
| 17 | | (2) The facility administrator determines that a | 18 | | committed person shall be placed in emergency confinement.
| 19 | | (A) A committed person shall not be held in | 20 | | emergency confinement for more than 24 hours.
| 21 | | (B) A committed person held in emergency | 22 | | confinement shall receive an initial medical and | 23 | | mental health evaluation within 2 hours, and a personal | 24 | | and comprehensive medical and mental health evaluation | 25 | | within 24 hours. Reports of these evaluations shall be | 26 | | immediately provided to the facility administrator.
|
| | | HB5417 Engrossed | - 8 - | LRB099 17537 RLC 41895 b |
|
| 1 | | (3) A physician, based on a personal examination, | 2 | | determines that a committed person shall be placed or | 3 | | retained in medical isolation. The decision to place and | 4 | | retain a committed person in medical isolation due to a | 5 | | mental health emergency shall be made by a clinician based | 6 | | on a personal examination. In any case of isolation under | 7 | | this paragraph (3), a clinical review shall be conducted at | 8 | | least every 6 hours and as indicated. A committed person in | 9 | | medical isolation under this paragraph (3) shall be placed | 10 | | in a mental health unit as designated by the Director. | 11 | | (4) The facility administrator determines that a | 12 | | committed person should be placed in protective custody as | 13 | | follows: | 14 | | (A) The committed person may be placed in voluntary | 15 | | protective custody only with informed, voluntary, | 16 | | written consent and when there is reasonable cause to | 17 | | believe that confinement is necessary to prevent | 18 | | reasonably foreseeable harm and if a committed person | 19 | | makes an informed voluntary written request for | 20 | | protective custody, the correctional facility shall | 21 | | bear the burden of establishing a basis for refusing | 22 | | the request. | 23 | | (B) The committed person may be placed in | 24 | | involuntary protective custody only if there is clear | 25 | | and convincing evidence that confinement is necessary | 26 | | to prevent reasonably foreseeable harm and that no less |
| | | HB5417 Engrossed | - 9 - | LRB099 17537 RLC 41895 b |
|
| 1 | | restrictive intervention would be sufficient to | 2 | | prevent that harm. | 3 | | (C) A committed person placed in protective | 4 | | custody shall receive comparable opportunities for | 5 | | activities, movement, and social interaction, | 6 | | consistent with his or her safety and the safety of | 7 | | others, as do committed persons in the general | 8 | | population of the facility. | 9 | | (D) A committed person subject to removal from | 10 | | protective custody shall be provided with a timely, | 11 | | fair, and meaningful opportunity to contest the | 12 | | removal. | 13 | | (E) A committed person who may be placed or | 14 | | currently is in voluntary protective custody may opt | 15 | | out of that status by providing informed, voluntary, | 16 | | written refusal of that status. | 17 | | (5) A member of a vulnerable population shall not be | 18 | | placed in isolated confinement with one or more committed | 19 | | persons, except with the committed person's informed, | 20 | | voluntary, and written consent.
| 21 | | Section 20. Department rules.
| 22 | | (a) Within 90 days after the effective date of this Act, | 23 | | the Director shall:
| 24 | | (1) develop policies and implement procedures for the | 25 | | review of committed persons placed in isolated confinement |
| | | HB5417 Engrossed | - 10 - | LRB099 17537 RLC 41895 b |
|
| 1 | | and submit proposed rules for adoption as required by this | 2 | | Act; | 3 | | (2) initiate a review of each committed person placed | 4 | | in isolated confinement under the policies and procedures | 5 | | developed and implemented under this Act; and
| 6 | | (3) develop a plan for providing step-down and | 7 | | transitional units, programs, and staffing patterns to | 8 | | accommodate committed persons currently placed in isolated | 9 | | confinement.
| 10 | | (b) The Department of Corrections shall adopt rules to | 11 | | carry out the provisions of this Act. The rules shall include, | 12 | | but not be limited to:
| 13 | | (1) establishing less restrictive housing to isolated | 14 | | confinement, including: separation from other committed | 15 | | persons; transfer to other correctional facilities; any | 16 | | non-isolated confinement sanction authorized by Department | 17 | | of Corrections rules; removing restrictions on religious | 18 | | practices, mail, telephone privileges, and visit contacts; | 19 | | and restrictions on outdoor and recreation access shall | 20 | | only be imposed as is necessary for the safety of the | 21 | | committed person or others, and in no case shall restrict | 22 | | access to food, basic necessities, or legal access; | 23 | | (2) requiring training of disciplinary staff and all | 24 | | staff working with committed persons in isolated | 25 | | confinement and requiring that this training include:
| 26 | | (A) assistance from appropriate professionals in |
| | | HB5417 Engrossed | - 11 - | LRB099 17537 RLC 41895 b |
|
| 1 | | the Department of Human Services to periodically train | 2 | | all staff working with committed persons in isolated | 3 | | confinement; and
| 4 | | (B) standards for isolated confinement, the | 5 | | identification of developmental disabilities, and the | 6 | | symptoms of mental illness, including trauma | 7 | | disorders, and methods of safe responses to people in | 8 | | distress;
| 9 | | (3) requiring documentation of all decisions, | 10 | | procedures, and reviews of committed persons placed in | 11 | | isolated confinement;
| 12 | | (4) requiring monitoring of compliance with all rules | 13 | | governing cells, units, and other places where committed | 14 | | persons are placed in isolated confinement; and
| 15 | | (5) requiring posting on the official website of the | 16 | | Department of Corrections of quarterly reports on the use | 17 | | of isolated confinement, by age, sex, gender identity, | 18 | | ethnicity, incidence of mental illness, and type of | 19 | | confinement status, at each facility; these reports shall | 20 | | include the population on the last day of each quarter and | 21 | | a non-duplicative cumulative count of persons exposed to | 22 | | isolated confinement for each fiscal year. These reports | 23 | | shall include the incidence of emergency confinement, | 24 | | self-harm, suicide, and assault in any isolated | 25 | | confinement unit, as well as explanations for each instance | 26 | | of facility-wide lockdown. These reports shall not include |
| | | HB5417 Engrossed | - 12 - | LRB099 17537 RLC 41895 b |
|
| 1 | | personally identifiable information regarding any | 2 | | committed person.
| 3 | | Section 105. The Unified Code of Corrections is amended by | 4 | | changing Section 3-8-7 as follows:
| 5 | | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
| 6 | | Sec. 3-8-7. Disciplinary Procedures. ) | 7 | | (a) All disciplinary action shall be consistent with this
| 8 | | Chapter. Rules of
behavior and conduct, the penalties for | 9 | | violation thereof,
and the disciplinary procedure by which such | 10 | | penalties may
be imposed shall be available to committed | 11 | | persons.
| 12 | | (b)(1) Corporal punishment and disciplinary
restrictions | 13 | | on diet, medical or sanitary facilities, mail or access to | 14 | | legal
materials are
prohibited.
| 15 | | (2) (Blank).
| 16 | | (3) (Blank).
| 17 | | (c) Review of disciplinary action imposed under this
| 18 | | Section shall be provided by means of the grievance
procedure | 19 | | under Section 3-8-8. The Department shall provide a disciplined
| 20 | | person with a review of his or her disciplinary action in a | 21 | | timely manner as
required by law.
| 22 | | (d) All institutions and facilities of the Department of | 23 | | Corrections shall establish, subject to the approval of the
| 24 | | Director, procedures for hearing disciplinary cases except
|
| | | HB5417 Engrossed | - 13 - | LRB099 17537 RLC 41895 b |
|
| 1 | | those that may involve the imposition of disciplinary
| 2 | | segregation and isolation; the loss of good time credit under | 3 | | Section
3-6-3 or eligibility to earn good time credit.
| 4 | | (e) In disciplinary cases which may involve the imposition
| 5 | | of disciplinary segregation and isolation, the loss of good | 6 | | time credit or
eligibility to earn good time credit, the | 7 | | Director shall establish disciplinary
procedures consistent | 8 | | with the following principles:
| 9 | | (1) Any person or persons who initiate a disciplinary
| 10 | | charge against a person shall not determine the disposition
| 11 | | of the charge. The Director may establish one or more
| 12 | | disciplinary boards to hear and determine charges.
| 13 | | (2) Any committed person charged with a violation of
| 14 | | Department rules of behavior shall be given notice of the
| 15 | | charge including a statement of the misconduct alleged and
| 16 | | of the rules this conduct is alleged to violate.
| 17 | | (3) Any person charged with a violation of rules is
| 18 | | entitled to a hearing on that charge at which time he shall
| 19 | | have an opportunity to appear before and address the person
| 20 | | or persons deciding the charge.
| 21 | | (4) The person or persons determining the disposition | 22 | | of
the charge may also summon to testify any witnesses or | 23 | | other
persons with relevant knowledge of the incident.
| 24 | | (5) If the charge is sustained, the person charged is
| 25 | | entitled to a written statement of the decision by the
| 26 | | persons determining the disposition of the charge which
|
| | | HB5417 Engrossed | - 14 - | LRB099 17537 RLC 41895 b |
|
| 1 | | shall include the basis for the decision and the | 2 | | disciplinary
action, if any, to be imposed.
| 3 | | (6) (Blank).
| 4 | | (f) In disciplinary cases which may involve the imposition | 5 | | of segregation and isolation, isolated confinement, or | 6 | | restrictive housing, the Director shall establish disciplinary | 7 | | procedures consistent with the Isolated Confinement | 8 | | Restriction Act. | 9 | | (Source: P.A. 97-1083, eff. 8-24-12.)
| 10 | | Section 999. Effective date. This Act takes effect January | 11 | | 1, 2017, except that this Section and Section 20 take effect | 12 | | upon becoming law. |
|