HB4828 EngrossedLRB103 37993 RLC 68125 b HB4828 Engrossed LRB103 37993 RLC 68125 b
HB4828 Engrossed LRB103 37993 RLC 68125 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 Restrictive Housing Data Publication and Verification Act.
6 Section 5. Data publication.
7 (a) Definition. In this Act:
8 "Restrictive housing" includes the confinement statutes
9 currently designated in Department of Corrections rules and
10 administrative directives as "Restrictive Housing,
11 Administrative Detention, Investigatory Status, Disciplinary
12 Segregation and Temporary Confinement", as well as any similar
13 designations used by the Department in the future.
14 (b) Quarterly reports. Beginning on January 1, 2025, the
15 Department of Corrections shall post quarterly reports on the
16 use of restrictive housing on the Department's official
17 website. Those reports shall include:
18 (1) data, both aggregated and disaggregated by
19 facility, regarding individuals placed in restrictive
20 housing during the prior quarter by age, sex, gender
21 identity, ethnicity, whether the individuals were
22 designated Serious Mental Illness (SMI) at the time of the
23 conduct that led to their placement in restrictive
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1 housing, the type of confinement status, and both the
2 total length and the length for the prior 12 months that
3 the person spent and was sentenced to restrictive housing.
4 Such data shall also include the charge or charges that
5 resulted in restrictive housing and a description of the
6 activity that formed the basis of the charge;
7 (2) the population of each restrictive housing unit on
8 the last day of each quarter and a non-duplicative
9 cumulative count of persons confined to restrictive
10 housing for the previous 12 months;
11 (3) the conduct that led to their placement in
12 restrictive housing and incidences of emergency
13 confinement, self-harm, suicide, and assault in any
14 restrictive housing unit;
15 (4) the number of facility wide lockdowns at each
16 facility for the prior quarter and an explanation of the
17 reason for each such lockdown;
18 (5) data on access to health care, including the
19 amount of time it takes for a person in restrictive
20 housing to see a physician after requesting to see a
21 physician, how many times a person sees a nurse or other
22 medical staff before seeing the physician, whether it is a
23 medical emergency, and the time between routine medical
24 and physical checkups;
25 (6) the number of grievances filed appealing placement
26 in restrictive housing, disaggregated by race, gender,
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1 age, and reason for placement; and
2 (7) the number of alternative programs to restrictive
3 housing available by facility, the frequency of their use,
4 and their attendance by committed persons, disaggregated
5 by race, gender, age, and reason for placement, utilized
6 in response, or as an alternative to, restrictive housing.
7 These reports shall not include personally identifiable
8 information regarding any committed person.
9 (c) Annual reports. Beginning on January 1, 2025, the
10 Department of Corrections shall compile an annual report
11 summarizing the data collected under this Section and shall
12 submit the annual report to the Governor and the General
13 Assembly, and shall make the annual report available to the
14 public. This report shall be made available on the Department
15 of Corrections website, beginning January 1, 2025.
16 Section 10. Verification of data accuracy.
17 (a) The Department of Corrections shall implement
18 procedures to ensure the accuracy and reliability of the data
19 collected under this Act. The Department of Corrections shall
20 conduct regular audits of its data collection processes and
21 shall take corrective action as necessary to address any
22 inaccuracies or deficiencies identified during these audits.
23 (b) The Department of Corrections shall collaborate with a
24 third party research university to report the data under this
25 Act and to solicit feedback on ways to improve data collection
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1 and reporting.
2 (c) Failure to post data. The reporting requirements of
3 this Act shall be enforceable by an appropriate action brought
4 in the circuit court of the county in which a specific
5 non-reporting facility is located, or in Sangamon or Cook
6 County. Such an action may be filed by anyone who has standing
7 under the traditional rules of standing applicable to other
8 actions to enforce compliance with State law.
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