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| Public Act 103-0178 | ||||
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AN ACT concerning juveniles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the End | ||||
Youth Solitary Confinement Act. | ||||
Section 5. Purpose. The purpose of this Act is to end the | ||||
use of solitary confinement for young detainees in detention | ||||
centers for any purpose other than preventing immediate | ||||
physical harm.
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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 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.
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"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.
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"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.
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"Confinement" includes an administrative hold, behavioral | ||
hold, or investigative status.
"Confinement" does not include | ||
medical isolation or quarantine, 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.
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"Covered juvenile" means any person under 21 years of age
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incarcerated in a Department of Juvenile Justice facility or | ||
any person under 18 years of age detained in a county facility | ||
under the authority of the local circuit court. | ||
"Investigative status" means 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 a facility of the Illinois Department | ||
of Juvenile Justice reporting the violation. | ||
(b) The use of room confinement at a youth facility for | ||
discipline, punishment, retaliation, or any reason other than | ||
as a temporary response to a juvenile's behavior that poses a | ||
serious and immediate risk of physical harm to any individual, | ||
including the juvenile, is prohibited. | ||
(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 | ||
a youth facility 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. | ||
(c) If a covered juvenile poses a serious and immediate | ||
risk of physical harm to any individual, including the | ||
juvenile, before a staff member of the facility places a | ||
covered juvenile in room confinement, the staff member shall | ||
attempt to use other less restrictive options, unless | ||
attempting those options poses a threat to the safety or | ||
security of any minor or staff. | ||
(d) If a covered juvenile is placed in room confinement | ||
because the covered juvenile poses a serious and immediate | ||
risk of physical harm to himself or herself, or to others, the | ||
covered juvenile shall be released: | ||
(1) immediately when the covered juvenile has | ||
sufficiently gained control so as to no longer engage in | ||
behavior that threatens serious and immediate risk of | ||
physical harm to himself or herself, or to others; or | ||
(2) no more than 24 hours after being placed in room | ||
confinement if a covered juvenile does not sufficiently | ||
gain control as described in paragraph (1) of this | ||
subsection (d) and poses a serious and immediate risk of | ||
physical harm to himself or herself or others, not later | ||
than: | ||
(A) 3 hours after being placed in room | ||
confinement, in the case of a covered juvenile who | ||
poses a serious and immediate risk of physical harm to | ||
others; or | ||
(B) 30 minutes after being placed in room | ||
confinement, in the case of a covered juvenile who | ||
poses a serious and immediate risk of physical harm | ||
only to himself or herself.
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(e) If, after the applicable maximum period of confinement | ||
has expired, a covered juvenile continues to pose a serious | ||
and immediate risk of physical harm to others: | ||
(1) the covered juvenile shall be transferred to | ||
another facility, when available, or internal location | ||
where services can be provided to the covered juvenile | ||
without relying on room confinement; or | ||
(2) if a qualified mental health professional believes | ||
the level of crisis service needed is not currently | ||
available, a staff member of the facility shall initiate a | ||
referral to a location that can meet the needs of the | ||
covered juvenile. | ||
(f) Each facility detaining covered juveniles shall report | ||
the use of each incident of room confinement to an independent | ||
ombudsperson for the Department of Juvenile Justice each | ||
month, including: | ||
(1) the name of the covered juvenile; | ||
(2) demographic data, including, at a minimum, age, | ||
race, gender, and primary language; | ||
(3) the reason for room confinement, including how | ||
detention facility officials determined the covered | ||
juvenile posed an immediate risk of physical harm to | ||
others or to him or herself; | ||
(4) the length of room confinement; | ||
(5) the number of covered juveniles transferred to | ||
another facility or referral to a separate crisis location | ||
covered under subsection (e); and | ||
(6) the name of detention facility officials involved | ||
in each instance of room confinement.
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(g) An independent ombudsperson for the Department of | ||
Juvenile Justice may review a detention facility's adherence | ||
to this Section.
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