HB3738ham003 102ND GENERAL ASSEMBLY

Rep. Suzanne Ness

Filed: 2/28/2022

10200HB3738ham003 LRB102 13059 RLC 32379 a

AMENDMENT TO HOUSE BILL 3738

AMENDMENT NO. ______. Amend House Bill 3738 on page 1, by replacing lines 10 and 11 with the following:

"Section 10. Covered juvenile confinement.

(a) In this Act:

"Administrative hold" means the status assigned to a covered juvenile who is temporarily being housed in a particular covered juvenile center and includes, but is not limited to: a covered juvenile awaiting transfer to the Department of Corrections or another juvenile detention center, a covered juvenile permanently assigned to another juvenile detention center being temporarily housed for purposes of attending court, the covered juvenile awaiting release, and the covered juvenile who was transferred to the Department of Corrections by mistake.

"Behavioral hold" means the status assigned to a covered juvenile who is confined to the covered juvenile's own room or another area because he or she is engaging in dangerous behavior that poses a serious and immediate threat to his or her own safety, the safety of others, or the security of the juvenile detention center.

"Chief administrative officer" means the highest ranking official of a juvenile detention center.

"Confinement" means any instance when an individual covered juvenile is held for 15 minutes or more in a room, cell, or other area separated from other covered juveniles. Confinement may occur in locked or unlocked rooms. "Confinement" includes an administrative hold, behavioral hold, or investigative status. "Confinement" does not include situations when a covered juvenile requests to go to his or her room, the movement of the covered juvenile between offices and classrooms while attending school, a covered juvenile who receives individual counseling or other therapeutic services, or staff who are in ongoing continuous conversation or processing with the covered juvenile such as a cool down.

"Covered juvenile" means any person under"; and

on page 1, by inserting immediately after line 15 the following:

""Investigative status" meaning a status assigned to a covered juvenile for whom confinement is necessary for the efficient and effective investigation of a Tier 2 or Tier 3 offense, as defined in the Department of Juvenile Justice's Administrative Directive 04.01.140.

"Tier 2" or "Tier 3" offense means a major rules violation that results in immediate disciplinary consequences that are assigned by the staff of the facility reporting the violation."; and

on page 1, by inserting immediately after line 21 the following:

"(b-5) A covered juvenile may be placed on an administrative hold and confined when temporarily being housed in a particular juvenile detention center or for administrative or security purposes as personally determined by the chief administrative officer.

(b-6) Placement on administrative hold shall be subject to the following time limitations:

(1) when the covered juvenile is awaiting transfer to the Department of Corrections or a more secure setting, the administrative hold may not exceed 3 business days; and

(2) the administrative hold may not exceed 7 calendar days when the covered juvenile is temporarily transferred to a different facility for the purposes of placement interviews, court appearances, or medical treatment.

(b-7) Whenever a covered juvenile is on an administrative hold, the Department shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer.".