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Bill Status

Passed House Committee

Introduced In Senate

RESTRICT ISOLATED CONFINEMENT WITH THE NELSON MANDELA ACT – SB 2257/HB 4828

Senate Sponsor: Senator Robert Peters
House Sponsor: Representative Kevin John Olickal

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Support SB 2257/HB 4828

In Illinois law, there are no limits on how long a person can be held in isolated confinement, which violates an internationally recognized standard called the Nelson Mandela Rules.

SB 2257/HB 4828 would create the Nelson Mandela Act, also known as the Isolated Confinement Restriction Act. This bill would bring Illinois into compliance with the Nelson Mandela Rules by limiting the use of isolated confinement in prisons, jails, and immigration facilities.

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Bill overview

In Illinois law, there are no limits on how long a person can be held in isolated confinement, which violates an internationally recognized standard called the Nelson Mandela Rules.

SB 2257/HB 4828 would require:

  • Everyone be allowed out of their cells at least four hours a day, or that,
  • When a person needs to be kept in a cell for more than 20 hours a day, that can only last 10 days in any 180-day period.
  • The Illinois Department of Corrections to post online quarterly reports on the use of isolated confinement.

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BACKGROUND

Nelson Mandela spent most of his 27 years of imprisonment in isolated confinement, which he called “the most forbidding aspect of prison life.”

In Illinois law, there are no limits on how long a person can be held in isolated confinement, which violates an internationally recognized standard called the Nelson Mandela Rules.

  • Under the Nelson Mandela Rules, more than 15 days in isolation is considered torture.
  • A growing body of medical literature establishes that isolation can cause permanent damage to people’s brains and that virtually everyone who spends extended time in isolation suffers severe impacts on their mental and physical health.
  • Isolated confinement in Illinois can last for a period of weeks, months, years, or even decades. People can be confined in cells that measure 6 x 9 feet, which is smaller than the average parking space.
  • Despite this well-established evidence of harm, some people in Illinois prisons have spent more than two decades in isolated confinement.
  • Isolated confinement is generally costlier than general population housing. There is no peer-reviewed study or other evidence that it improves facility safety.

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