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Illinois Senate Bill SB2257

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2257 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2257 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7 Provides that the Act may be referred to as the Nelson Mandela Act. Creates the Isolated Confinement Restriction Act. Provides that, except for a committed person in protective custody who opts out of that status by providing informal, voluntary, written refusal of that status, the use of isolated confinement in correctional institutions is restricted to isolated confinement of no more than 10 days in any 180-day period or no more than 10 days in any 180-day period. Amends the Unified Code of Corrections to make conforming changes. Effective immediately. LRB103 28776 RLC 55160 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2257 Introduced 2/10/2023, by Sen. Robert Peters 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 Provides that the Act may be referred to as the Nelson Mandela Act. Creates the Isolated Confinement Restriction Act. Provides that, except for a committed person in protective custody who opts out of that status by providing informal, voluntary, written refusal of that status, the use of isolated confinement in correctional institutions is restricted to isolated confinement of no more than 10 days in any 180-day period or no more than 10 days in any 180-day period. Amends the Unified Code of Corrections to make conforming changes. Effective immediately. LRB103 28776 RLC 55160 b LRB103 28776 RLC 55160 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2257 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
33 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
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66 Provides that the Act may be referred to as the Nelson Mandela Act. Creates the Isolated Confinement Restriction Act. Provides that, except for a committed person in protective custody who opts out of that status by providing informal, voluntary, written refusal of that status, the use of isolated confinement in correctional institutions is restricted to isolated confinement of no more than 10 days in any 180-day period or no more than 10 days in any 180-day period. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title; referral.
1616 5 (a) This Act may be cited as the Isolated Confinement
1717 6 Restriction Act.
1818 7 (b) This Act may be referred to as the Nelson Mandela Act.
1919 8 Section 5. Findings.
2020 9 (a) The General Assembly honors the legacy of Nelson
2121 10 Mandela, the first and former President of South Africa, and
2222 11 recognizes that after release from 27 years of imprisonment,
2323 12 much of which was spent in isolated confinement, he became a
2424 13 world leader in his commitment to democracy and international
2525 14 human rights.
2626 15 (b) Mandela was repeatedly subjected to isolated
2727 16 confinement.
2828 17 (c) Mandela's isolation began with 23 hours a day of
2929 18 isolated confinement with just 2 thirty-minute exercise
3030 19 periods allowed per day. Such hours were spent in a cell
3131 20 measuring 8 feet by 7 feet, with walls of concrete, without
3232 21 windows, and furnished with a single light bulb to substitute
3333 22 natural light.
3434 23 (d) Mandela described isolated confinement as "the most
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2257 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3939 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
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4242 Provides that the Act may be referred to as the Nelson Mandela Act. Creates the Isolated Confinement Restriction Act. Provides that, except for a committed person in protective custody who opts out of that status by providing informal, voluntary, written refusal of that status, the use of isolated confinement in correctional institutions is restricted to isolated confinement of no more than 10 days in any 180-day period or no more than 10 days in any 180-day period. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.
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7171 1 forbidding aspect of prison life", with no end and no
7272 2 beginning.
7373 3 (e) After 27 years of incarceration under the South
7474 4 African government, Mandela went on to receive a Nobel Peace
7575 5 Prize and numerous other honors as a global icon of democracy
7676 6 and social justice.
7777 7 (f) In an attempt to ensure that no one else would be
7878 8 subjected to the inhumane treatment Mandela survived, the
7979 9 United Nations adopted the Mandela Rules establishing Standard
8080 10 Minimum Rules for the Treatment of Prisoners, on December 17,
8181 11 2015. Those rules finalize a set of principles that provide
8282 12 all people who are in prison with respect and protection from
8383 13 torture, and other cruel, inhuman, or degrading treatments or
8484 14 punishments.
8585 15 (g) Rule 1 of the Mandela Rules sets the guiding principle
8686 16 for these standards, requiring that: "All prisoners shall be
8787 17 treated with the respect due to their inherent dignity and
8888 18 value as human beings"; and
8989 19 (h) The Mandela Rules provide that: "the prison system
9090 20 shall not, except as incidental to justifiable separation or
9191 21 the maintenance of discipline, aggravate the suffering
9292 22 inherent in a situation" involving the deprivation of
9393 23 liberty; and
9494 24 (i) As a result of these requirements and recognizing the
9595 25 horrific consequences of Mandela's prolonged isolation, the
9696 26 Mandela Rules specifically prohibit prolonged placement in a
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107107 1 cell.
108108 2 (j) Rule 44 of the Mandela Rules specifically states:
109109 3 "Rule 44: For the purpose of these rules, solitary confinement
110110 4 shall refer to the confinement of prisoners for 22 hours or
111111 5 more a day without meaningful human contact. Prolonged
112112 6 solitary confinement shall refer to solitary confinement for a
113113 7 time period in excess of 15 consecutive days.
114114 8 (k) Nelson Mandela stated: "[N]o one truly knows a nation
115115 9 until one has been inside its jails. A nation should not be
116116 10 judged by how it treats its highest citizens, but its lowest
117117 11 ones.
118118 12 (l) To be judged as a worldwide leader, Illinois must
119119 13 recognize the horrific consequences that Nelson Mandela and
120120 14 other incarcerated individuals have experienced from being
121121 15 confined to a cell for prolonged periods and comply with the
122122 16 international mandates required by the Mandela Rules.
123123 17 (m) It is therefore in Illinois' best interests to operate
124124 18 its prisons in compliance with internationally recognized
125125 19 minimum standards.
126126 20 (n) The Nelson Mandela Act is hereby enacted.
127127 21 Section 10. Definitions. In this Act:
128128 22 "Correctional facility" means any State correctional
129129 23 facility or county correctional facility, and any State,
130130 24 county, or private facility detaining persons under any
131131 25 intergovernmental service agreement or other contract with any
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142142 1 State, county, or federal agency, including, but not limited
143143 2 to, United States Immigration and Customs Enforcement.
144144 3 "Facility administrator" means the chief operating
145145 4 officer, senior administrative designee, or warden of a
146146 5 correctional facility.
147147 6 "Isolated confinement" means confinement of a committed
148148 7 person in a correctional facility in a cell or confined living
149149 8 space, alone or with other inmates, for more than 20 hours in
150150 9 any 24-hour period.
151151 10 "Protective custody" means confinement of a committed
152152 11 person in a cell or confined living space under conditions
153153 12 necessary to protect the committed person or others.
154154 13 Section 15. Restrictions on the use of isolated
155155 14 confinement.
156156 15 (a) Except as provided in subsection (b), the use of
157157 16 isolated confinement in correctional facilities in this State
158158 17 shall be restricted as follows:
159159 18 (1) A committed person may not be placed in isolated
160160 19 confinement for more than 10 consecutive days.
161161 20 (2) A committed person may not be placed in isolated
162162 21 confinement for more than 10 days in any 180-day period.
163163 22 (3) While out of cell, committed persons may have
164164 23 access to activities, including, but not limited to: job
165165 24 assignments, educational classes, vocational classes,
166166 25 meals, recreation, yard or gymnasium, day room, bathing
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177177 1 facilities, medical appointments, visits, and group
178178 2 therapy.
179179 3 (b) A committed person in protective custody may opt out
180180 4 of that status by providing informed, voluntary, written
181181 5 refusal of that status.
182182 6 (c) Nothing in this Act is intended to restrict any rights
183183 7 or privileges a committed person may have under any other
184184 8 statute, rule, or regulation.
185185 9 Section 20. Data publication. The Department of
186186 10 Corrections shall post on the Department's official website
187187 11 quarterly reports on the use of isolated confinement. Those
188188 12 reports shall include data on the use of isolated confinement
189189 13 by age, sex, gender identity, ethnicity, incidence of mental
190190 14 illness, and type of confinement status, at each facility;
191191 15 these reports shall include the population on the last day of
192192 16 each quarter and a non-duplicative cumulative count of persons
193193 17 exposed to isolated confinement for each fiscal year. These
194194 18 reports shall include the incidence of emergency confinement,
195195 19 self-harm, suicide, and assault in any isolated confinement
196196 20 unit, as well as explanations for each instance of
197197 21 facility-wide lockdown. These reports shall include data on
198198 22 the access to health care, including the time it takes for a
199199 23 confined person to access medical care following a request and
200200 24 the time between routine mental and physical checkups. These
201201 25 reports shall not include personally identifiable information
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212212 1 regarding any committed person.
213213 2 Section 90. The Unified Code of Corrections is amended by
214214 3 changing Section 3-8-7 as follows:
215215 4 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
216216 5 Sec. 3-8-7. Disciplinary Procedures.)
217217 6 (a) All disciplinary action shall be consistent with this
218218 7 Chapter. Rules of behavior and conduct, the penalties for
219219 8 violation thereof, and the disciplinary procedure by which
220220 9 such penalties may be imposed shall be available to committed
221221 10 persons.
222222 11 (b)(1) Corporal punishment and disciplinary restrictions
223223 12 on diet, medical or sanitary facilities, mail or access to
224224 13 legal materials are prohibited.
225225 14 (2) (Blank).
226226 15 (3) (Blank).
227227 16 (c) Review of disciplinary action imposed under this
228228 17 Section shall be provided by means of the grievance procedure
229229 18 under Section 3-8-8. The Department shall provide a
230230 19 disciplined person with a review of his or her disciplinary
231231 20 action in a timely manner as required by law.
232232 21 (d) All institutions and facilities of the Department of
233233 22 Corrections shall establish, subject to the approval of the
234234 23 Director, procedures for hearing disciplinary cases except
235235 24 those that may involve the imposition of disciplinary
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246246 1 segregation and isolation; the loss of good time credit under
247247 2 Section 3-6-3 or eligibility to earn good time credit.
248248 3 (e) In disciplinary cases which may involve the imposition
249249 4 of disciplinary segregation and isolation, the loss of good
250250 5 time credit or eligibility to earn good time credit, the
251251 6 Director shall establish disciplinary procedures consistent
252252 7 with the following principles:
253253 8 (1) Any person or persons who initiate a disciplinary
254254 9 charge against a person shall not determine the
255255 10 disposition of the charge. The Director may establish one
256256 11 or more disciplinary boards to hear and determine charges.
257257 12 (2) Any committed person charged with a violation of
258258 13 Department rules of behavior shall be given notice of the
259259 14 charge including a statement of the misconduct alleged and
260260 15 of the rules this conduct is alleged to violate.
261261 16 (3) Any person charged with a violation of rules is
262262 17 entitled to a hearing on that charge at which time he shall
263263 18 have an opportunity to appear before and address the
264264 19 person or persons deciding the charge.
265265 20 (4) The person or persons determining the disposition
266266 21 of the charge may also summon to testify any witnesses or
267267 22 other persons with relevant knowledge of the incident.
268268 23 (5) If the charge is sustained, the person charged is
269269 24 entitled to a written statement of the decision by the
270270 25 persons determining the disposition of the charge which
271271 26 shall include the basis for the decision and the
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282282 1 disciplinary action, if any, to be imposed.
283283 2 (6) (Blank).
284284 3 (f) In disciplinary cases which may involve the imposition
285285 4 of segregation and isolation, isolated confinement, or
286286 5 restrictive housing, the Director shall establish disciplinary
287287 6 procedures consistent with the Isolated Confinement
288288 7 Restriction Act.
289289 8 (Source: P.A. 97-1083, eff. 8-24-12.)
290290 9 Section 99. Effective date. This Act takes effect upon
291291 10 becoming law.
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