Illinois General Assembly - Full Text of HB3738
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Full Text of HB3738  102nd General Assembly


Rep. Suzanne Ness

Filed: 3/4/2022





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2    AMENDMENT NO. ______. Amend House Bill 3738, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the End
6Youth Solitary Confinement Act.
7    Section 5. Purpose. The purpose of this Act is to end the
8use of solitary confinement for young detainees in prisons,
9jails, and other detention centers for any purpose other than
10preventing immediate physical harm.
11    Section 10. Covered juvenile confinement.
12    (a) In this Act:
13    "Administrative hold" means the status assigned to a
14covered juvenile who is temporarily being housed in a
15particular covered juvenile center and includes, but is not



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1limited to: a covered juvenile awaiting transfer to the
2Department of Corrections or another juvenile detention
3center, a covered juvenile permanently assigned to another
4juvenile detention center being temporarily housed for
5purposes of attending court, the covered juvenile awaiting
6release, and the covered juvenile who was transferred to the
7Department of Corrections by mistake.
8    "Behavioral hold" means the status assigned to a covered
9juvenile who is confined to the covered juvenile's own room or
10another area because he or she is engaging in dangerous
11behavior that poses a serious and immediate threat to his or
12her own safety, the safety of others, or the security of the
13juvenile detention center.
14    "Chief administrative officer" means the highest ranking
15official of a juvenile detention center.
16    "Confinement" means any instance when an individual
17covered juvenile is held for 15 minutes or more in a room,
18cell, or other area separated from other covered juveniles.
19Confinement may occur in locked or unlocked rooms.
20"Confinement" includes an administrative hold, behavioral
21hold, or investigative status. "Confinement" does not include
22medical isolation or quarantine, situations when a covered
23juvenile requests to go to his or her room, the movement of the
24covered juvenile between offices and classrooms while
25attending school, a covered juvenile who receives individual
26counseling or other therapeutic services, or staff who are in



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1ongoing continuous conversation or processing with the covered
2juvenile such as a cool down.
3    "Covered juvenile" means any person under 18 years of age
4incarcerated in a correctional facility, jail, or detention
5facility of any kind operated by the Department of Juvenile
6Justice, a county, or a municipality.
7    "Investigative status" meaning a status assigned to a
8covered juvenile for whom confinement is necessary for the
9efficient and effective investigation of a Tier 2 or Tier 3
10offense, as defined in the Department of Juvenile Justice's
11Administrative Directive 04.01.140.
12    "Tier 2" or "Tier 3" offense means a major rules violation
13that results in immediate disciplinary consequences that are
14assigned by the staff of the facility reporting the violation.
15    (b) The use of room confinement at a juvenile or
16correctional facility for discipline, punishment, retaliation,
17or any reason other than as a temporary response to a
18juvenile's behavior that poses a serious and immediate risk of
19physical harm to any individual, including the juvenile, is
21    (b-5) A covered juvenile may be placed on an
22administrative hold and confined when temporarily being housed
23in a particular juvenile detention center or for
24administrative or security purposes as personally determined
25by the chief administrative officer.
26    (b-6) Placement on administrative hold shall be subject to



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1the following time limitations:
2        (1) when the covered juvenile is awaiting transfer to
3    the Department of Corrections or a more secure setting,
4    the administrative hold may not exceed 3 business days;
5    and
6        (2) the administrative hold may not exceed 7 calendar
7    days when the covered juvenile is temporarily transferred
8    to a different facility for the purposes of placement
9    interviews, court appearances, or medical treatment.
10    (b-7) Whenever a covered juvenile is on an administrative
11hold, the Department shall provide the covered juvenile with
12access to the same programs and services received by covered
13juveniles in the general population. Any restrictions on
14movement or access to programs and services shall be
15documented and justified by the chief administrative officer.
16    (c) If a covered juvenile poses a serious and immediate
17risk of physical harm to any individual, including the
18juvenile, before a staff member of the facility places a
19covered juvenile in room confinement, the staff member shall
20attempt to use other less restrictive options, unless
21attempting those options poses a threat to the safety or
22security of any minor or staff.
23    (d) If a covered juvenile is placed in room confinement
24because the covered juvenile poses a serious and immediate
25risk of physical harm to himself or herself, or to others, the
26covered juvenile shall be released:



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1        (1) immediately when the covered juvenile has
2    sufficiently gained control so as to no longer engage in
3    behavior that threatens serious and immediate risk of
4    physical harm to himself or herself, or to others; or
5        (2) no more than 24 hours after being placed in room
6    confinement if a covered juvenile does not sufficiently
7    gain control as described in paragraph (1) of this
8    subsection (d) and poses a serious and immediate risk of
9    physical harm to himself or herself or others, not later
10    than:
11            (A) 3 hours after being placed in room
12        confinement, in the case of a covered juvenile who
13        poses a serious and immediate risk of physical harm to
14        others; or
15            (B) 30 minutes after being placed in room
16        confinement, in the case of a covered juvenile who
17        poses a serious and immediate risk of physical harm
18        only to himself or herself.
19    (e) If, after the applicable maximum period of confinement
20has expired, a covered juvenile continues to pose a serious
21and immediate risk of physical harm to others:
22        (1) the covered juvenile shall be transferred to
23    another juvenile facility or internal location where
24    services can be provided to the covered juvenile without
25    relying on room confinement; or
26        (2) if a qualified mental health professional believes



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1    the level of crisis service needed is not currently
2    available, a staff member of the facility shall initiate a
3    referral to a location that can meet the needs of the
4    covered juvenile.
5    (f) Each facility detaining covered juveniles shall report
6the use of each incident of room confinement to an independent
7ombudsperson for the Department of Juvenile Justice each
8month, including:
9        (1) the name of the covered juvenile;
10        (2) demographic data, including, at a minimum, age,
11    race, gender, and primary language;
12        (3) the reason for room confinement, including how
13    detention facility officials determined the covered
14    juvenile posed an immediate risk of physical harm to
15    others or to him or herself;
16        (4) the length of room confinement;
17        (5) the number of covered juveniles transferred to
18    another facility or referral to a separate crisis location
19    covered under subsection (e); and
20        (6) the name of detention facility officials involved
21    in each instance of room confinement.
22    (g) An independent ombudsperson for the Department of
23Juvenile Justice shall be empowered to review and enforce
24detention facility's adherence to this Section.".