Illinois 2025-2026 Regular Session

Illinois House Bill HB1428 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1428 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act730 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 Nelson Mandela Act. Provides that a committed person may not be in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be in isolated confinement for more than 10 days in any 180-day period. Provides that the provision of basic needs and services, such as nutritious food, clean water, hygiene supplies, clothing, bedding and mattress, religious materials, legal materials, access to grievance forms, and access to medical and mental health, shall not be restricted as a form of punishment or discipline for committed persons in isolated confinement. Provides that a committed person in protective custody may opt out of that status by providing informed, voluntary, written refusal of that status. Provides that a committed person shall not be placed in isolated confinement if the committed person: (1) is 21 years of age or younger; (2) is 55 years of age or older; (3) has a disability as defined in the Americans with Disabilities Act of 1990; or (4) is pregnant or postpartum. Provides that nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Amends the Unified Code of Corrections to make conforming changes. Effective immediately. LRB104 06199 RLC 16234 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1428 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act730 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 Nelson Mandela Act. Provides that a committed person may not be in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be in isolated confinement for more than 10 days in any 180-day period. Provides that the provision of basic needs and services, such as nutritious food, clean water, hygiene supplies, clothing, bedding and mattress, religious materials, legal materials, access to grievance forms, and access to medical and mental health, shall not be restricted as a form of punishment or discipline for committed persons in isolated confinement. Provides that a committed person in protective custody may opt out of that status by providing informed, voluntary, written refusal of that status. Provides that a committed person shall not be placed in isolated confinement if the committed person: (1) is 21 years of age or younger; (2) is 55 years of age or older; (3) has a disability as defined in the Americans with Disabilities Act of 1990; or (4) is pregnant or postpartum. Provides that nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Amends the Unified Code of Corrections to make conforming changes. Effective immediately. LRB104 06199 RLC 16234 b LRB104 06199 RLC 16234 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1428 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	New Act730 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 Nelson Mandela Act. Provides that a committed person may not be in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be in isolated confinement for more than 10 days in any 180-day period. Provides that the provision of basic needs and services, such as nutritious food, clean water, hygiene supplies, clothing, bedding and mattress, religious materials, legal materials, access to grievance forms, and access to medical and mental health, shall not be restricted as a form of punishment or discipline for committed persons in isolated confinement. Provides that a committed person in protective custody may opt out of that status by providing informed, voluntary, written refusal of that status. Provides that a committed person shall not be placed in isolated confinement if the committed person: (1) is 21 years of age or younger; (2) is 55 years of age or older; (3) has a disability as defined in the Americans with Disabilities Act of 1990; or (4) is pregnant or postpartum. Provides that nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.
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9	9	A BILL FOR
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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 1. Short title; references to Act.
16	16	5 (a) Short title. This Act may be cited as the Isolated
17	17	6 Confinement Restriction Act.
18	18	7 (b) References to Act. This Act may be referred to as the
19	19	8 Nelson Mandela Act.
20	20	9 Section 5. Findings.
21	21	10 (a) The General Assembly finds that:
22	22	11 (1) Nelson Mandela's legacy should be honored and
23	23	12 recognized as the first and former President of South
24	24	13 Africa, who after release from 27 years of imprisonment,
25	25	14 much of which was spent in isolated confinement, became a
26	26	15 world leader in his commitment to democracy and
27	27	16 international human rights.
28	28	17 (2) Mandela was repeatedly subjected to isolated
29	29	18 confinement.
30	30	19 (3) Mandela's isolation began with 23 hours a day of
31	31	20 isolated confinement with just 2 30-minute exercise
32	32	21 periods allowed a day. Such hours were spent in a cell
33	33	22 measuring 8 feet by 7 feet, with walls of concrete,
34	34	23 without windows, and furnished with a single light bulb to
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1428 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
39	39	New Act730 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
40	40	New Act
41	41	730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
42	42	Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Nelson Mandela Act. Provides that a committed person may not be in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be in isolated confinement for more than 10 days in any 180-day period. Provides that the provision of basic needs and services, such as nutritious food, clean water, hygiene supplies, clothing, bedding and mattress, religious materials, legal materials, access to grievance forms, and access to medical and mental health, shall not be restricted as a form of punishment or discipline for committed persons in isolated confinement. Provides that a committed person in protective custody may opt out of that status by providing informed, voluntary, written refusal of that status. Provides that a committed person shall not be placed in isolated confinement if the committed person: (1) is 21 years of age or younger; (2) is 55 years of age or older; (3) has a disability as defined in the Americans with Disabilities Act of 1990; or (4) is pregnant or postpartum. Provides that nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.
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44	44	LRB104 06199 RLC 16234 b
45	45	A BILL FOR
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51	51	New Act
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71	71	1 substitute natural light.
72	72	2 (4) Mandela described isolated confinement as "the
73	73	3 most forbidding aspect of prison life", with no end and no
74	74	4 beginning.
75	75	5 (5) After 27 years of incarceration under the South
76	76	6 African government, Mandela went on to receive a Nobel
77	77	7 Peace Prize and numerous other honors as a global icon of
78	78	8 democracy and social justice.
79	79	9 (6) In an attempt to ensure that no one else would be
80	80	10 subjected to the inhumane treatment Mandela survived, the
81	81	11 United Nations adopted the Mandela Rules establishing
82	82	12 Standard Minimum Rules of the Treatment of Prisoners, on
83	83	13 December 17, 2015. Those rules finalized a set of
84	84	14 principles that provides all people who are in prison with
85	85	15 respect and protection from torture, and other cruel,
86	86	16 inhuman, or degrading treatments or punishments.
87	87	17 (7) Rule 1 of the Mandela Rules sets the guiding
88	88	18 principle for these standards, requiring that: "All
89	89	19 prisoners shall be treated with the respect due to their
90	90	20 inherent dignity and value as human beings".
91	91	21 (8) The Mandela Rules provides that, "the prison
92	92	22 system shall not, except as incidental to justifiable
93	93	23 separation or the maintenance of discipline, aggravate the
94	94	24 suffering inherent in such a situation" involving the
95	95	25 deprivation of liberty.
96	96	26 (9) As a result of these requirements and recognizing
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107	107	1 the horrific consequences of Mandela's prolonged
108	108	2 isolation, the Mandela Rules specifically prohibit
109	109	3 prolonged confinement placement in a cell.
110	110	4 (10) Rule 44 of the Mandela Rules specifically states
111	111	5 "solitary confinement shall refer to the confinement of
112	112	6 prisoners for 22 hours or more a day without meaningful
113	113	7 human contact. Prolonged solitary confinement shall refer
114	114	8 to solitary confinement for a time period in excess of 15
115	115	9 consecutive days".
116	116	10 11) Nelson Mandela stated: "No one truly knows a
117	117	11 nation until one has been inside its jails. A nation
118	118	12 should not be judged by how it treats its highest
119	119	13 citizens, but its lowest ones".
120	120	14 (12) To be judged as a worldwide leader, Illinois must
121	121	15 recognize the horrific consequences that Nelson Mandela
122	122	16 and other incarcerated individuals have experienced from
123	123	17 being confined to a cell for prolonged periods and comply
124	124	18 with the international mandates required by the Mandela
125	125	19 Rules.
126	126	20 (13) It is therefore in Illinois' best interests to
127	127	21 operate its prisons in compliance with internationally
128	128	22 recognized minimum standards.
129	129	23 (b) It is the intent of the General Assembly to enact the
130	130	24 Nelson Mandela Act.
131	131	25 Section 10. Definition. In this Act:
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142	142	1 "Correctional facility" means any State correctional
143	143	2 facility and any State, private facility, or county facility
144	144	3 with more than 500 persons, detaining persons under any
145	145	4 intergovernmental services agreement or other contract with
146	146	5 any State, or federal agency, including, but not limited to,
147	147	6 United States Immigration and Customs Enforcement.
148	148	7 "Facility administrator" means the chief operating
149	149	8 officer, senior administrative designee, or warden of a
150	150	9 correctional facility.
151	151	10 "Isolated confinement" means confinement of a committed
152	152	11 person in a correctional facility in a cell or confined living
153	153	12 space, alone or with other committed persons, for more than 17
154	154	13 hours in any 24-hour period. To count as out of cell time,
155	155	14 committed persons must have access to activities, including,
156	156	15 but not limited to: job assignments, educational classes,
157	157	16 vocational classes, meals, recreation, yard or gymnasium, day
158	158	17 room, bathing facilities, medical appointments, visits, and
159	159	18 group therapy.
160	160	19 "Postpartum period" means the 8-week period following
161	161	20 birth unless determined to be a longer period by a physician,
162	162	21 advanced practice registered nurse, physician assistant, or
163	163	22 other qualified medical professional.
164	164	23 "Protective custody" means voluntary confinement of a
165	165	24 committed person in a cell or confined living space under
166	166	25 conditions necessary to protect the committed person.
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177	177	1 Section 15. Restrictions on the use of isolated
178	178	2 confinement.
179	179	3 (a) Except as provided in subsections (c) and (d), the use
180	180	4 of isolated confinement in correctional facilities in this
181	181	5 State shall be restricted as follows:
182	182	6 (1) A committed person may not be in isolated
183	183	7 confinement for more than 10 consecutive days.
184	184	8 (2) A committed person may not be in isolated
185	185	9 confinement for more than 10 days in any 180-day period.
186	186	10 (b) The provision of basic needs and services, such as
187	187	11 nutritious food, clean water, hygiene supplies, clothing,
188	188	12 bedding and mattress, religious materials, legal materials,
189	189	13 access to grievance forms, and access to medical and mental
190	190	14 health, shall not be restricted as a form of punishment or
191	191	15 discipline for committed persons in isolated confinement.
192	192	16 (c) A committed person in protective custody may opt out
193	193	17 of that status by providing informed, voluntary, written
194	194	18 refusal of that status.
195	195	19 (d) A committed person shall not be placed in isolated
196	196	20 confinement if the committed person:
197	197	21 (1) is 21 years of age or younger;
198	198	22 (2) is 55 years of age or older;
199	199	23 (3) has a disability as defined in the Americans with
200	200	24 Disabilities Act of 1990; or
201	201	25 (4) is pregnant or postpartum.
202	202	26 (e) Nothing in this Act is intended to restrict any rights
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213	213	1 or privileges a committed person may have under any other
214	214	2 statute, rule, or regulation.
215	215	3 Section 90. The Unified Code of Corrections is amended by
216	216	4 changing Section 3-8-7 as follows:
217	217	5 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
218	218	6 Sec. 3-8-7. Disciplinary Procedures.)
219	219	7 (a) All disciplinary action shall be consistent with this
220	220	8 Chapter. Rules of behavior and conduct, the penalties for
221	221	9 violation thereof, and the disciplinary procedure by which
222	222	10 such penalties may be imposed shall be available to committed
223	223	11 persons.
224	224	12 (b)(1) Corporal punishment and disciplinary restrictions
225	225	13 on diet, medical or sanitary facilities, mail or access to
226	226	14 legal materials are prohibited.
227	227	15 (2) (Blank).
228	228	16 (3) (Blank).
229	229	17 (c) Review of disciplinary action imposed under this
230	230	18 Section shall be provided by means of the grievance procedure
231	231	19 under Section 3-8-8. The Department shall provide a
232	232	20 disciplined person with a review of his or her disciplinary
233	233	21 action in a timely manner as required by law.
234	234	22 (d) All institutions and facilities of the Department of
235	235	23 Corrections shall establish, subject to the approval of the
236	236	24 Director, procedures for hearing disciplinary cases except
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247	247	1 those that may involve the imposition of disciplinary
248	248	2 segregation and isolation; the loss of good time credit under
249	249	3 Section 3-6-3 or eligibility to earn good time credit.
250	250	4 (e) In disciplinary cases which may involve the imposition
251	251	5 of disciplinary segregation and isolation, the loss of good
252	252	6 time credit or eligibility to earn good time credit, the
253	253	7 Director shall establish disciplinary procedures consistent
254	254	8 with the following principles:
255	255	9 (1) Any person or persons who initiate a disciplinary
256	256	10 charge against a person shall not determine the
257	257	11 disposition of the charge. The Director may establish one
258	258	12 or more disciplinary boards to hear and determine charges.
259	259	13 (2) Any committed person charged with a violation of
260	260	14 Department rules of behavior shall be given notice of the
261	261	15 charge including a statement of the misconduct alleged and
262	262	16 of the rules this conduct is alleged to violate.
263	263	17 (3) Any person charged with a violation of rules is
264	264	18 entitled to a hearing on that charge at which time he shall
265	265	19 have an opportunity to appear before and address the
266	266	20 person or persons deciding the charge.
267	267	21 (4) The person or persons determining the disposition
268	268	22 of the charge may also summon to testify any witnesses or
269	269	23 other persons with relevant knowledge of the incident.
270	270	24 (5) If the charge is sustained, the person charged is
271	271	25 entitled to a written statement of the decision by the
272	272	26 persons determining the disposition of the charge which
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283	283	1 shall include the basis for the decision and the
284	284	2 disciplinary action, if any, to be imposed.
285	285	3 (6) (Blank).
286	286	4 (f) In disciplinary cases which may involve the imposition
287	287	5 of segregation and isolation, isolated confinement, or
288	288	6 restrictive housing, the Director shall establish disciplinary
289	289	7 procedures consistent with the Isolated Confinement
290	290	8 Restriction Act.
291	291	9 (Source: P.A. 97-1083, eff. 8-24-12.)
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