Illinois 2023-2024 Regular Session

Illinois House Bill HB0046 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0046 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Anthony Gay Law. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that, while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, the yard or gymnasium, the day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2024, except that some provisions are effective immediately. LRB103 03529 RLC 48535 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0046 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Anthony Gay Law. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that, while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, the yard or gymnasium, the day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2024, except that some provisions are effective immediately. LRB103 03529 RLC 48535 b LRB103 03529 RLC 48535 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0046 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
4	4	New Act
5	5	730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
6	6	Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Anthony Gay Law. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that, while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, the yard or gymnasium, the day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2024, except that some provisions are effective immediately.
7	7	LRB103 03529 RLC 48535 b LRB103 03529 RLC 48535 b
8	8	LRB103 03529 RLC 48535 b
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10	10	HB0046LRB103 03529 RLC 48535 b HB0046 LRB103 03529 RLC 48535 b
11	11	HB0046 LRB103 03529 RLC 48535 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 0.05. This Act may be referred to as the Anthony
16	16	5 Gay Law.
17	17	6 Section 1. Short title. This Act may be cited as the
18	18	7 Isolated Confinement Restriction Act.
19	19	8 Section 5. Definitions. In this Act:
20	20	9 "Correctional facility" means any State correctional
21	21	10 facility or county correctional facility, and any State,
22	22	11 county, or private facility detaining persons under any
23	23	12 intergovernmental service agreement or other contract with any
24	24	13 State, county, or federal agency, including, but not limited
25	25	14 to, United States Immigration and Customs Enforcement.
26	26	15 "Facility administrator" means the chief operating
27	27	16 officer, senior administrative designee, or warden of a
28	28	17 correctional facility.
29	29	18 "Isolated confinement" means confinement of a committed
30	30	19 person in a correctional facility in a cell or confined living
31	31	20 space, alone or with other inmates, for more than 20 hours in
32	32	21 any 24-hour period.
33	33	22 "Protective custody" means confinement of a committed
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0046 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
38	38	New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
39	39	New Act
40	40	730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
41	41	Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Anthony Gay Law. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that, while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, the yard or gymnasium, the day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2024, except that some provisions are effective immediately.
42	42	LRB103 03529 RLC 48535 b LRB103 03529 RLC 48535 b
43	43	LRB103 03529 RLC 48535 b
44	44	A BILL FOR
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50	50	New Act
51	51	730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
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70	70	1 person in a cell or confined living space under conditions
71	71	2 necessary to protect the committed person or others.
72	72	3 Section 10. Restrictions on the use of isolated
73	73	4 confinement.
74	74	5 (a) Except as provided in subsection (b), the use of
75	75	6 isolated confinement in correctional facilities in this State
76	76	7 shall be restricted as follows:
77	77	8 (1) A committed person may not be placed in isolated
78	78	9 confinement for more than 10 consecutive days.
79	79	10 (2) A committed person may not be placed in isolated
80	80	11 confinement for more than 10 days in any 180-day period.
81	81	12 (3) While out of cell, committed persons may have
82	82	13 access to activities, including but not limited to: job
83	83	14 assignments, educational classes, vocational classes,
84	84	15 meals, recreation, the yard or gymnasium, the day room,
85	85	16 medical appointments, visits, and group therapy.
86	86	17 (b) Isolated confinement shall be permitted if the
87	87	18 facility administrator determines that a committed person
88	88	19 should be placed in protective custody. The facility
89	89	20 administrator's use of protective custody is limited as
90	90	21 follows:
91	91	22 (1) The committed person may be placed in protective
92	92	23 custody only with informed, voluntary written consent of
93	93	24 the committed person.
94	94	25 (2) A committed person in protective custody may opt
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105	105	1 out of that status by providing informed, voluntary,
106	106	2 written refusal of that status.
107	107	3 (c) Nothing in this Act is intended to restrict any rights
108	108	4 or privileges a committed person may have under any other
109	109	5 statute, rule, or regulation.
110	110	6 Section 15. Data publication. The Department of
111	111	7 Corrections shall post on the Department's official website
112	112	8 quarterly reports on the use of isolated confinement. The
113	113	9 reports shall include data on the use of isolated confinement
114	114	10 by age, sex, gender identity, ethnicity, incidence of mental
115	115	11 illness, and type of confinement status, at each facility. The
116	116	12 reports shall also include the population on the last day of
117	117	13 each quarter and a nonduplicative cumulative count of persons
118	118	14 exposed to isolated confinement for each fiscal year. The
119	119	15 reports shall include the incidence of emergency confinement,
120	120	16 self-harm, suicide, and assault in any isolated confinement
121	121	17 unit, as well as explanations for each instance of
122	122	18 facility-wide lockdown. The reports shall include data on the
123	123	19 access to health care, including the time it takes for a
124	124	20 confined person to access medical care following a request,
125	125	21 and the time between routine mental and physical checkups. The
126	126	22 reports shall not include personally identifiable information
127	127	23 regarding any committed person.
128	128	24 Section 105. The Unified Code of Corrections is amended by
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139	139	1 changing Section 3-8-7 as follows:
140	140	2 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
141	141	3 Sec. 3-8-7. Disciplinary Procedures.)
142	142	4 (a) All disciplinary action shall be consistent with this
143	143	5 Chapter. Rules of behavior and conduct, the penalties for
144	144	6 violation thereof, and the disciplinary procedure by which
145	145	7 such penalties may be imposed shall be available to committed
146	146	8 persons.
147	147	9 (b)(1) Corporal punishment and disciplinary restrictions
148	148	10 on diet, medical or sanitary facilities, mail or access to
149	149	11 legal materials are prohibited.
150	150	12 (2) (Blank).
151	151	13 (3) (Blank).
152	152	14 (c) Review of disciplinary action imposed under this
153	153	15 Section shall be provided by means of the grievance procedure
154	154	16 under Section 3-8-8. The Department shall provide a
155	155	17 disciplined person with a review of his or her disciplinary
156	156	18 action in a timely manner as required by law.
157	157	19 (d) All institutions and facilities of the Department of
158	158	20 Corrections shall establish, subject to the approval of the
159	159	21 Director, procedures for hearing disciplinary cases except
160	160	22 those that may involve the imposition of disciplinary
161	161	23 segregation and isolation; the loss of good time credit under
162	162	24 Section 3-6-3 or eligibility to earn good time credit.
163	163	25 (e) In disciplinary cases which may involve the imposition
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174	174	1 of disciplinary segregation and isolation, the loss of good
175	175	2 time credit or eligibility to earn good time credit, the
176	176	3 Director shall establish disciplinary procedures consistent
177	177	4 with the following principles:
178	178	5 (1) Any person or persons who initiate a disciplinary
179	179	6 charge against a person shall not determine the
180	180	7 disposition of the charge. The Director may establish one
181	181	8 or more disciplinary boards to hear and determine charges.
182	182	9 (2) Any committed person charged with a violation of
183	183	10 Department rules of behavior shall be given notice of the
184	184	11 charge including a statement of the misconduct alleged and
185	185	12 of the rules this conduct is alleged to violate.
186	186	13 (3) Any person charged with a violation of rules is
187	187	14 entitled to a hearing on that charge at which time he shall
188	188	15 have an opportunity to appear before and address the
189	189	16 person or persons deciding the charge.
190	190	17 (4) The person or persons determining the disposition
191	191	18 of the charge may also summon to testify any witnesses or
192	192	19 other persons with relevant knowledge of the incident.
193	193	20 (5) If the charge is sustained, the person charged is
194	194	21 entitled to a written statement of the decision by the
195	195	22 persons determining the disposition of the charge which
196	196	23 shall include the basis for the decision and the
197	197	24 disciplinary action, if any, to be imposed.
198	198	25 (6) (Blank).
199	199	26 (f) In disciplinary cases that may involve the imposition
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210	210	1 of segregation and isolation, isolated confinement, or
211	211	2 restrictive housing, the Director shall establish disciplinary
212	212	3 procedures consistent with the Isolated Confinement
213	213	4 Restriction Act.
214	214	5 (Source: P.A. 97-1083, eff. 8-24-12.)
215	215	6 Section 999. Effective date. This Act takes effect January
216	216	7 1, 2024, except that this Section and Section 15 take effect
217	217	8 upon becoming law.
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