Full Text of HB4828 103rd General Assembly
HB4828ham001 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 5/21/2024 | | 10300HB4828ham001 | | LRB103 37993 RLC 73802 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4828
| 2 | | AMENDMENT NO. ______. Amend House Bill 4828 by replacing | 3 | | everything after the enacting clause with the following: | 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 |
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| 1 | | website. Those reports shall include: | 2 | | (1) data, both aggregated and disaggregated by | 3 | | facility, regarding individuals placed in restrictive | 4 | | housing during the prior quarter by age, sex, gender | 5 | | identity, ethnicity, whether the individuals were | 6 | | designated Serious Mental Illness (SMI) at the time of the | 7 | | conduct that led to their placement in restrictive | 8 | | housing, the type of confinement status, and both the | 9 | | total length and the length for the prior 12 months that | 10 | | the person spent and was sentenced to restrictive housing. | 11 | | Such data shall also include the charge or charges that | 12 | | resulted in restrictive housing and a description of the | 13 | | activity that formed the basis of the charge; | 14 | | (2) the population of each restrictive housing unit on | 15 | | the last day of each quarter and a non-duplicative | 16 | | cumulative count of persons confined to restrictive | 17 | | housing for the previous 12 months; | 18 | | (3) the conduct that led to their placement in | 19 | | restrictive housing and incidences of emergency | 20 | | confinement, self-harm, suicide, and assault in any | 21 | | restrictive housing unit; | 22 | | (4) the number of facility wide lockdowns at each | 23 | | facility for the prior quarter and an explanation of the | 24 | | reason for each such lockdown; | 25 | | (5) data on access to health care, including the | 26 | | amount of time it takes for a person in restrictive |
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| 1 | | housing to see a physician after requesting to see a | 2 | | physician, how many times a person sees a nurse or other | 3 | | medical staff before seeing the physician, whether it is a | 4 | | medical emergency, and the time between routine medical | 5 | | and physical checkups; | 6 | | (6) the number of grievances filed appealing placement | 7 | | in restrictive housing, disaggregated by race, gender, | 8 | | age, and reason for placement; and | 9 | | (7) the number of alternative programs to restrictive | 10 | | housing available by facility, the frequency of their use, | 11 | | and their attendance by committed persons, disaggregated | 12 | | by race, gender, age, and reason for placement, utilized | 13 | | in response, or as an alternative to, restrictive housing. | 14 | | These reports shall not include personally identifiable | 15 | | information regarding any committed person. | 16 | | (c) Annual reports. Beginning on January 1, 2025, the | 17 | | Department of Corrections shall compile an annual report | 18 | | summarizing the data collected under this Section and shall | 19 | | submit the annual report to the Governor and the General | 20 | | Assembly, and shall make the annual report available to the | 21 | | public. This report shall be made available on the Department | 22 | | of Corrections website, beginning January 1, 2025. | 23 | | Section 10. Verification of data accuracy. | 24 | | (a) The Department of Corrections shall implement | 25 | | procedures to ensure the accuracy and reliability of the data |
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| 1 | | collected under this Act. The Department of Corrections shall | 2 | | conduct regular audits of its data collection processes and | 3 | | shall take corrective action as necessary to address any | 4 | | inaccuracies or deficiencies identified during these audits. | 5 | | (b) The Department of Corrections shall collaborate with a | 6 | | third party research university to report the data under this | 7 | | Act and to solicit feedback on ways to improve data collection | 8 | | and reporting. | 9 | | (c) Failure to post data. The reporting requirements of | 10 | | this Act shall be enforceable by an appropriate action brought | 11 | | in the circuit court of the county in which a specific | 12 | | non-reporting facility is located, or in Sangamon or Cook | 13 | | County. Such an action may be filed by anyone who has standing | 14 | | under the traditional rules of standing applicable to other | 15 | | actions to enforce compliance with State law.". |
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