Illinois 2023-2024 Regular Session

Illinois House Bill HB3140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0178
2	1		HB3140 EnrolledLRB103 29861 RLC 56270 b HB3140 Enrolled LRB103 29861 RLC 56270 b
3	2		HB3140 Enrolled LRB103 29861 RLC 56270 b
4		-	AN ACT concerning juveniles.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the End
8		-	Youth Solitary Confinement Act.
9		-	Section 5. Purpose. The purpose of this Act is to end the
10		-	use of solitary confinement for young detainees in detention
11		-	centers for any purpose other than preventing immediate
12		-	physical harm.
13		-	Section 10. Covered juvenile confinement.
14		-	(a) In this Act:
15		-	"Administrative hold" means the status assigned to a
16		-	covered juvenile who is temporarily being housed in a
17		-	particular covered juvenile center and includes, but is not
18		-	limited to: a covered juvenile awaiting transfer to another
19		-	juvenile detention center, a covered juvenile permanently
20		-	assigned to another juvenile detention center being
21		-	temporarily housed for purposes of attending court, the
22		-	covered juvenile awaiting release, and the covered juvenile
23		-	who was transferred to the Department of Corrections by
24		-	mistake.
25		-	"Behavioral hold" means the status assigned to a covered
	3	+	1 AN ACT concerning juveniles.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the End
	7	+	5 Youth Solitary Confinement Act.
	8	+	6 Section 5. Purpose. The purpose of this Act is to end the
	9	+	7 use of solitary confinement for young detainees in detention
	10	+	8 centers for any purpose other than preventing immediate
	11	+	9 physical harm.
	12	+	10 Section 10. Covered juvenile confinement.
	13	+	11 (a) In this Act:
	14	+	12 "Administrative hold" means the status assigned to a
	15	+	13 covered juvenile who is temporarily being housed in a
	16	+	14 particular covered juvenile center and includes, but is not
	17	+	15 limited to: a covered juvenile awaiting transfer to another
	18	+	16 juvenile detention center, a covered juvenile permanently
	19	+	17 assigned to another juvenile detention center being
	20	+	18 temporarily housed for purposes of attending court, the
	21	+	19 covered juvenile awaiting release, and the covered juvenile
	22	+	20 who was transferred to the Department of Corrections by
	23	+	21 mistake.
	24	+	22 "Behavioral hold" means the status assigned to a covered
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27	26
28	27
29	28		HB3140 Enrolled LRB103 29861 RLC 56270 b
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32		-	juvenile who is confined to the covered juvenile's own room or
33		-	another area because he or she is engaging in dangerous
34		-	behavior that poses a serious and immediate threat to his or
35		-	her own safety, the safety of others, or the security of the
36		-	juvenile detention center.
37		-	"Chief administrative officer" means the highest ranking
38		-	official of a juvenile detention center.
39		-	"Confinement" means any instance when an individual
40		-	covered juvenile is held for 15 minutes or more in a room,
41		-	cell, or other area separated from other covered juveniles.
42		-	Confinement may occur in locked or unlocked rooms.
43		-	"Confinement" includes an administrative hold, behavioral
44		-	hold, or investigative status. "Confinement" does not include
45		-	medical isolation or quarantine, situations when a covered
46		-	juvenile requests to go to his or her room, the movement of the
47		-	covered juvenile between offices and classrooms while
48		-	attending school, a covered juvenile who receives individual
49		-	counseling or other therapeutic services, or staff who are in
50		-	ongoing continuous conversation or processing with the covered
51		-	juvenile such as a cool down.
52		-	"Covered juvenile" means any person under 21 years of age
53		-	incarcerated in a Department of Juvenile Justice facility or
54		-	any person under 18 years of age detained in a county facility
55		-	under the authority of the local circuit court.
56		-	"Investigative status" means a status assigned to a
57		-	covered juvenile for whom confinement is necessary for the
	31	+	HB3140 Enrolled- 2 -LRB103 29861 RLC 56270 b HB3140 Enrolled - 2 - LRB103 29861 RLC 56270 b
	32	+	HB3140 Enrolled - 2 - LRB103 29861 RLC 56270 b
	33	+	1 juvenile who is confined to the covered juvenile's own room or
	34	+	2 another area because he or she is engaging in dangerous
	35	+	3 behavior that poses a serious and immediate threat to his or
	36	+	4 her own safety, the safety of others, or the security of the
	37	+	5 juvenile detention center.
	38	+	6 "Chief administrative officer" means the highest ranking
	39	+	7 official of a juvenile detention center.
	40	+	8 "Confinement" means any instance when an individual
	41	+	9 covered juvenile is held for 15 minutes or more in a room,
	42	+	10 cell, or other area separated from other covered juveniles.
	43	+	11 Confinement may occur in locked or unlocked rooms.
	44	+	12 "Confinement" includes an administrative hold, behavioral
	45	+	13 hold, or investigative status. "Confinement" does not include
	46	+	14 medical isolation or quarantine, situations when a covered
	47	+	15 juvenile requests to go to his or her room, the movement of the
	48	+	16 covered juvenile between offices and classrooms while
	49	+	17 attending school, a covered juvenile who receives individual
	50	+	18 counseling or other therapeutic services, or staff who are in
	51	+	19 ongoing continuous conversation or processing with the covered
	52	+	20 juvenile such as a cool down.
	53	+	21 "Covered juvenile" means any person under 21 years of age
	54	+	22 incarcerated in a Department of Juvenile Justice facility or
	55	+	23 any person under 18 years of age detained in a county facility
	56	+	24 under the authority of the local circuit court.
	57	+	25 "Investigative status" means a status assigned to a
	58	+	26 covered juvenile for whom confinement is necessary for the
58	59
59	60
60		-	efficient and effective investigation of a Tier 2 or Tier 3
61		-	offense, as defined in the Department of Juvenile Justice's
62		-	Administrative Directive 04.01.140.
63		-	"Tier 2" or "Tier 3" offense means a major rules violation
64		-	that results in immediate disciplinary consequences that are
65		-	assigned by the staff of a facility of the Illinois Department
66		-	of Juvenile Justice reporting the violation.
67		-	(b) The use of room confinement at a youth facility for
68		-	discipline, punishment, retaliation, or any reason other than
69		-	as a temporary response to a juvenile's behavior that poses a
70		-	serious and immediate risk of physical harm to any individual,
71		-	including the juvenile, is prohibited.
72		-	(b-5) A covered juvenile may be placed on an
73		-	administrative hold and confined when temporarily being housed
74		-	in a particular juvenile detention center or for
75		-	administrative or security purposes as personally determined
76		-	by the chief administrative officer.
77		-	(b-6) Placement on administrative hold shall be subject to
78		-	the following time limitations:
79		-	(1) when the covered juvenile is awaiting transfer to
80		-	a youth facility or a more secure setting, the
81		-	administrative hold may not exceed 3 business days; and
82		-	(2) the administrative hold may not exceed 7 calendar
83		-	days when the covered juvenile is temporarily transferred
84		-	to a different facility for the purposes of placement
85		-	interviews, court appearances, or medical treatment.
86	61
87	62
88		-	(b-7) Whenever a covered juvenile is on an administrative
89		-	hold, the Department shall provide the covered juvenile with
90		-	access to the same programs and services received by covered
91		-	juveniles in the general population. Any restrictions on
92		-	movement or access to programs and services shall be
93		-	documented and justified by the chief administrative officer.
94		-	(c) If a covered juvenile poses a serious and immediate
95		-	risk of physical harm to any individual, including the
96		-	juvenile, before a staff member of the facility places a
97		-	covered juvenile in room confinement, the staff member shall
98		-	attempt to use other less restrictive options, unless
99		-	attempting those options poses a threat to the safety or
100		-	security of any minor or staff.
101		-	(d) If a covered juvenile is placed in room confinement
102		-	because the covered juvenile poses a serious and immediate
103		-	risk of physical harm to himself or herself, or to others, the
104		-	covered juvenile shall be released:
105		-	(1) immediately when the covered juvenile has
106		-	sufficiently gained control so as to no longer engage in
107		-	behavior that threatens serious and immediate risk of
108		-	physical harm to himself or herself, or to others; or
109		-	(2) no more than 24 hours after being placed in room
110		-	confinement if a covered juvenile does not sufficiently
111		-	gain control as described in paragraph (1) of this
112		-	subsection (d) and poses a serious and immediate risk of
113		-	physical harm to himself or herself or others, not later
	63	+
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114	65
115	66
116		-	than:
117		-	(A) 3 hours after being placed in room
118		-	confinement, in the case of a covered juvenile who
119		-	poses a serious and immediate risk of physical harm to
120		-	others; or
121		-	(B) 30 minutes after being placed in room
122		-	confinement, in the case of a covered juvenile who
123		-	poses a serious and immediate risk of physical harm
124		-	only to himself or herself.
125		-	(e) If, after the applicable maximum period of confinement
126		-	has expired, a covered juvenile continues to pose a serious
127		-	and immediate risk of physical harm to others:
128		-	(1) the covered juvenile shall be transferred to
129		-	another facility, when available, or internal location
130		-	where services can be provided to the covered juvenile
131		-	without relying on room confinement; or
132		-	(2) if a qualified mental health professional believes
133		-	the level of crisis service needed is not currently
134		-	available, a staff member of the facility shall initiate a
135		-	referral to a location that can meet the needs of the
136		-	covered juvenile.
137		-	(f) Each facility detaining covered juveniles shall report
138		-	the use of each incident of room confinement to an independent
139		-	ombudsperson for the Department of Juvenile Justice each
140		-	month, including:
141		-	(1) the name of the covered juvenile;
	67	+	HB3140 Enrolled- 3 -LRB103 29861 RLC 56270 b HB3140 Enrolled - 3 - LRB103 29861 RLC 56270 b
	68	+	HB3140 Enrolled - 3 - LRB103 29861 RLC 56270 b
	69	+	1 efficient and effective investigation of a Tier 2 or Tier 3
	70	+	2 offense, as defined in the Department of Juvenile Justice's
	71	+	3 Administrative Directive 04.01.140.
	72	+	4 "Tier 2" or "Tier 3" offense means a major rules violation
	73	+	5 that results in immediate disciplinary consequences that are
	74	+	6 assigned by the staff of a facility of the Illinois Department
	75	+	7 of Juvenile Justice reporting the violation.
	76	+	8 (b) The use of room confinement at a youth facility for
	77	+	9 discipline, punishment, retaliation, or any reason other than
	78	+	10 as a temporary response to a juvenile's behavior that poses a
	79	+	11 serious and immediate risk of physical harm to any individual,
	80	+	12 including the juvenile, is prohibited.
	81	+	13 (b-5) A covered juvenile may be placed on an
	82	+	14 administrative hold and confined when temporarily being housed
	83	+	15 in a particular juvenile detention center or for
	84	+	16 administrative or security purposes as personally determined
	85	+	17 by the chief administrative officer.
	86	+	18 (b-6) Placement on administrative hold shall be subject to
	87	+	19 the following time limitations:
	88	+	20 (1) when the covered juvenile is awaiting transfer to
	89	+	21 a youth facility or a more secure setting, the
	90	+	22 administrative hold may not exceed 3 business days; and
	91	+	23 (2) the administrative hold may not exceed 7 calendar
	92	+	24 days when the covered juvenile is temporarily transferred
	93	+	25 to a different facility for the purposes of placement
	94	+	26 interviews, court appearances, or medical treatment.
142	95
143	96
144		-	(2) demographic data, including, at a minimum, age,
145		-	race, gender, and primary language;
146		-	(3) the reason for room confinement, including how
147		-	detention facility officials determined the covered
148		-	juvenile posed an immediate risk of physical harm to
149		-	others or to him or herself;
150		-	(4) the length of room confinement;
151		-	(5) the number of covered juveniles transferred to
152		-	another facility or referral to a separate crisis location
153		-	covered under subsection (e); and
154		-	(6) the name of detention facility officials involved
155		-	in each instance of room confinement.
156		-	(g) An independent ombudsperson for the Department of
157		-	Juvenile Justice may review a detention facility's adherence
158		-	to this Section.
	97	+
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	99	+
	100	+	HB3140 Enrolled - 3 - LRB103 29861 RLC 56270 b
	101	+
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	103	+	HB3140 Enrolled- 4 -LRB103 29861 RLC 56270 b HB3140 Enrolled - 4 - LRB103 29861 RLC 56270 b
	104	+	HB3140 Enrolled - 4 - LRB103 29861 RLC 56270 b
	105	+	1 (b-7) Whenever a covered juvenile is on an administrative
	106	+	2 hold, the Department shall provide the covered juvenile with
	107	+	3 access to the same programs and services received by covered
	108	+	4 juveniles in the general population. Any restrictions on
	109	+	5 movement or access to programs and services shall be
	110	+	6 documented and justified by the chief administrative officer.
	111	+	7 (c) If a covered juvenile poses a serious and immediate
	112	+	8 risk of physical harm to any individual, including the
	113	+	9 juvenile, before a staff member of the facility places a
	114	+	10 covered juvenile in room confinement, the staff member shall
	115	+	11 attempt to use other less restrictive options, unless
	116	+	12 attempting those options poses a threat to the safety or
	117	+	13 security of any minor or staff.
	118	+	14 (d) If a covered juvenile is placed in room confinement
	119	+	15 because the covered juvenile poses a serious and immediate
	120	+	16 risk of physical harm to himself or herself, or to others, the
	121	+	17 covered juvenile shall be released:
	122	+	18 (1) immediately when the covered juvenile has
	123	+	19 sufficiently gained control so as to no longer engage in
	124	+	20 behavior that threatens serious and immediate risk of
	125	+	21 physical harm to himself or herself, or to others; or
	126	+	22 (2) no more than 24 hours after being placed in room
	127	+	23 confinement if a covered juvenile does not sufficiently
	128	+	24 gain control as described in paragraph (1) of this
	129	+	25 subsection (d) and poses a serious and immediate risk of
	130	+	26 physical harm to himself or herself or others, not later
	131	+
	132	+
	133	+
	134	+
	135	+
	136	+	HB3140 Enrolled - 4 - LRB103 29861 RLC 56270 b
	137	+
	138	+
	139	+	HB3140 Enrolled- 5 -LRB103 29861 RLC 56270 b HB3140 Enrolled - 5 - LRB103 29861 RLC 56270 b
	140	+	HB3140 Enrolled - 5 - LRB103 29861 RLC 56270 b
	141	+	1 than:
	142	+	2 (A) 3 hours after being placed in room
	143	+	3 confinement, in the case of a covered juvenile who
	144	+	4 poses a serious and immediate risk of physical harm to
	145	+	5 others; or
	146	+	6 (B) 30 minutes after being placed in room
	147	+	7 confinement, in the case of a covered juvenile who
	148	+	8 poses a serious and immediate risk of physical harm
	149	+	9 only to himself or herself.
	150	+	10 (e) If, after the applicable maximum period of confinement
	151	+	11 has expired, a covered juvenile continues to pose a serious
	152	+	12 and immediate risk of physical harm to others:
	153	+	13 (1) the covered juvenile shall be transferred to
	154	+	14 another facility, when available, or internal location
	155	+	15 where services can be provided to the covered juvenile
	156	+	16 without relying on room confinement; or
	157	+	17 (2) if a qualified mental health professional believes
	158	+	18 the level of crisis service needed is not currently
	159	+	19 available, a staff member of the facility shall initiate a
	160	+	20 referral to a location that can meet the needs of the
	161	+	21 covered juvenile.
	162	+	22 (f) Each facility detaining covered juveniles shall report
	163	+	23 the use of each incident of room confinement to an independent
	164	+	24 ombudsperson for the Department of Juvenile Justice each
	165	+	25 month, including:
	166	+	26 (1) the name of the covered juvenile;
	167	+
	168	+
	169	+
	170	+
	171	+
	172	+	HB3140 Enrolled - 5 - LRB103 29861 RLC 56270 b
	173	+
	174	+
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	176	+	HB3140 Enrolled - 6 - LRB103 29861 RLC 56270 b
	177	+	1 (2) demographic data, including, at a minimum, age,
	178	+	2 race, gender, and primary language;
	179	+	3 (3) the reason for room confinement, including how
	180	+	4 detention facility officials determined the covered
	181	+	5 juvenile posed an immediate risk of physical harm to
	182	+	6 others or to him or herself;
	183	+	7 (4) the length of room confinement;
	184	+	8 (5) the number of covered juveniles transferred to
	185	+	9 another facility or referral to a separate crisis location
	186	+	10 covered under subsection (e); and
	187	+	11 (6) the name of detention facility officials involved
	188	+	12 in each instance of room confinement.
	189	+	13 (g) An independent ombudsperson for the Department of
	190	+	14 Juvenile Justice may review a detention facility's adherence
	191	+	15 to this Section.
	192	+
	193	+
	194	+
	195	+
	196	+
	197	+	HB3140 Enrolled - 6 - LRB103 29861 RLC 56270 b