HB 4828

Abstract

Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Nelson Mandela Act. Provides that, except as otherwise provided in the Act, the use of isolated confinement in correctional facilities in the State shall be restricted as follows: (1) a committed person may not be placed in isolated confinement for more than 10 consecutive days; (2) a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period; and (3) while out of cell, committed persons may have access to activities, including, but not limited to: job assignments, educational classes, vocational classes, meals, recreation, yard or gymnasium, day room, bathing facilities, medical appointments, visits, and group therapy. 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 nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Provides that the Department of Corrections shall post on the Department's official website quarterly reports on the use of isolated confinement. Provides that these reports shall not include personally identifiable information regarding any committed person. Defines terms. Amends the Unified Code of Corrections to make conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 730 ILCS 5/3-8-7 Replaces everything after the enacting clause. Creates the Restrictive Housing Data Publication and Verification Act. Provides that beginning on January 1, 2025, the Department of Corrections shall post quarterly reports on the use of restrictive housing on the Department's official website. Provides for the information that must be included in the reports. Provides that the reports shall not include personally identifiable information regarding any committed person. Provides that beginning on January 1, 2025, the Department of Corrections shall compile an annual report summarizing the data collected under this Section and shall submit the annual report to the Governor and the General Assembly, and shall make the annual report available to the public. Provides that the report shall be made available on the Department of Corrections website, beginning January 1, 2025. Defines "restrictive housing". Provides that the Department of Corrections shall implement procedures to ensure the accuracy and reliability of the data collected under this Act. Provides that the Department of Corrections shall conduct regular audits of its data collection processes and shall take corrective action as necessary to address any inaccuracies or deficiencies identified during these audits. Provides that the Department of Corrections shall collaborate with a third party research university to report the data under the Isolated Confinement Restriction Act and to solicit feedback on ways to improve data collection and reporting. Provides that the reporting requirements of the Act shall be enforceable by an appropriate action brought in the circuit court of the county in which a specific non-reporting facility is located, or in Sangamon or Cook County. Provides that such an action may be filed by anyone who has standing under the traditional rules of standing applicable to other actions to enforce compliance with State law. House Floor Amendment No. 2 Adds an immediate effective date to the bill.