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OLR Bill Analysis
sSB 1059 (File 616, as amended by Senate “A”)*
AN ACT CONCERNING THE OFFICE OF THE CORRECTION
OMBUDS, THE USE OF ISOLATED CONFINEMENT, SECLUSION
AND RESTRAINTS, SOCIAL CONTACTS FOR INCARCERATED
PERSONS AND TRAINING AND WORKERS' COMPENSATION
BENEFITS FOR CORRECTION OFFICERS.
SUMMARY
This bill makes numerous changes in the laws related to the
Department of Correction (DOC). Specifically, it:
1. expands the current correction ombuds program to include
everyone in DOC custody and provides additional services and
grants additional powers, including (a) receiving complaints
from individuals in DOC custody, (b) evaluating the delivery of
services to incarcerated individuals, and (c) providing
assistance on the incarcerated person’s behalf;
2. relocates the correction ombuds program from DOC to the
Office of Governmental Accountability (OGA) and adds that the
ombuds must act independently of any department in
performing its duties;
3. generally requires that each incarcerated person have the
opportunity to be outside his or her cell for at least 6.5 hours a
day;
4. limits the instances of, and places new requirements on, the use
of isolated confinement, seclusion, or restraints (e.g., limiting
the amount of time and who can order these methods, requiring
various evaluations, documentation, and specific reporting
when they are used); and
5. establishes certain visitation rights for incarcerated individuals,
including generally allowing at least one 60-minute contact 2021SB-01059-R01-BA.DOCX
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social visit and prohibiting the taking away of an incarcerated
person’s ability to write, send, or receive letters as discipline,
retaliation, or for convenience.
*Senate Amendment “A” (1) modifies the underlying bill’s
provisions, including by (a) establishing a process for a person to
object to an ombud’s subpoena and appeal a determination not to
disclose certain information, (b) increasing (from 16 to 17.5 hours) the
time in isolation considered “isolated confinement,” (c) lowering the
minimum amount of time incarcerated individuals generally must be
allowed out of their cell from eight hours to 6.5 hours, (d) giving those
in restrictive housing status the right to be out of the cell beginning
July 1, 2023, (e) allowing the highest-ranking officer on duty to order
someone held in isolated confinement, and (f) allowing DOC to
prevent social contact visits for those with a history of contraband
violations; (2) eliminates the underlying bill’s provisions on (a)
providing each incarcerated individual certain items for free, (b) DOC
establishing policies on phone calls, and (c) workers’ compensation
benefits to correction officers for certain post-traumatic stress disorders
incurred in the line of duty; (3) adds provisions on the DOC plan for
incarcerated individuals on restrictive housing status right to be out of
the cell and written procedures for visitation hearings; and (4) makes
various minor changes.
EFFECTIVE DATE: October 1, 2021, except that the provisions on
(1) isolated confinement, restraints, and seclusion are effective July 1,
2022, and (2) DOC developing and reporting on a plan and written
procedures are effective upon passage.
§ 1 — CORRECTION OMBUDS
The bill expands the current correction ombuds program to include
(1) everyone in DOC custody, rather than just those under age 18, and
(2) additional services.
Under the bill, the Correction Ombuds Office is moved from DOC
to OGA. As under current law, the person seeking ombuds services
must have reasonably pursued a resolution of the complaint through 2021SB-01059-R01-BA.DOCX
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any existing internal DOC grievance appeals procedures.
Appointment
By October 1, 2021, and any time the position is vacant, the bill
requires the governor to nominate a person qualified by training and
experience to perform and lead the correction ombuds office. The bill
eliminates the requirement that the DOC commissioner (1) hire a
person to provide ombudsman services and the ombudsman’s ability
to hire an executive assistant and (2) annually report that person’s
name to the Judiciary Committee.
Legislative Confirmation
Under the bill, any gubernatorial nomination for correction ombuds
appointment must be referred, without debate, to the Judiciary
Committee, which must report on each appointment within 30 days
after that. Each General Assembly appointment must be by concurrent
resolution in each chamber.
Upon any vacancy, if the General Assembly is not in session, the
candidate the governor chooses serves as acting correction ombuds
and is entitled to the compensation, privileges, and powers of the
ombuds until the General Assembly meets to act on the appointment.
The person appointed as correction ombuds must serve for an initial
two-year term and may serve until a successor is appointed and
confirmed and be reappointed for succeeding terms.
Independence and Authority to Hire Staff
Regardless of any state law, the correction ombuds must act
independently of any department in performing the office’s duties.
The correction ombuds may, within available funds, appoint staff as
deemed necessary. Staff duties may include the correction ombud’s
duties and powers if performed under his or her direction.
Appropriations and Report
The bill requires the General Assembly to annually appropriate the
amount needed to pay staff salaries and office expenses and other
actual expenses the ombuds incurred in performing his or her duties. 2021SB-01059-R01-BA.DOCX
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Any legal or court fees the state obtains in actions the ombuds brought
must be deposited in the General Fund.
Under the bill, the correction ombuds must annually submit to the
governor and the Judiciary, Public Health, and Human Services
committees a detailed report analyzing the office’s work.
“Ombuds” Services
The bill renames current law’s “ombudsman services” as “ombuds
services” and expands the services to include:
1. evaluating services for incarcerated individuals by DOC, its
contractors, and other entities that provide services to people
detained in state-funded correctional institutions or halfway
houses;
2. periodically reviewing, with a view toward incarcerated
individuals’ rights, DOC procedures established to carry out
correctional institution and DOC laws;
3. reviewing the operation of facilities and procedures used at the
facilities where in DOC custody a person may be housed;
4. helping, including to advocate with DOC, service providers, or
others on an incarcerated person’s behalf; and
5. taking all possible actions, including conducting public
education programs, legislative advocacy, and making
proposals for systemic reform and formal legal action, in order
to secure and ensure the rights of individuals in DOC custody.
As under current law, but extended to everyone in DOC custody,
the services include:
1. receiving complaints from individuals in DOC custody
regarding department decisions, actions, omissions, policies,
procedures, rules, or regulations;
2. investigating these complaints and rendering a decision on their 2021SB-01059-R01-BA.DOCX
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merits and communicating the decision to the complainant;
3. recommending to the DOC commissioner a resolution of any
complaint found to have merit; and
4. publishing a report of all ombuds services and activities.
The bill also increases the frequency of this report by requiring it
semiannually rather than quarterly.
Confidentiality and Exceptions
Under the bill, in performing his or her responsibilities, the ombuds
may communicate privately with any person in DOC custody and
these communications must be confidential under certain
circumstances.
Under current law, there are confidentiality provisions that protect
communication between someone 18 years old and younger who is in
DOC custody and the correction ombudsman. The bill extends these
protections to everyone in DOC custody, with certain exceptions.
Under the bill, all oral and written communications and related
records between an individual in custody and the correction ombuds,
or a member of the ombuds’ staff, are confidential and may not be
disclosed without the individual’s consent. However, the ombuds may
disclose, without the individual’s consent, communications and related
records (e.g., the identity of a complainant, the details of a complaint,
and the ombudsman’s investigative findings and conclusions) that are
necessary (1) for the ombuds to conduct an investigation and (2) to
support any recommendations the ombuds may make. The ombuds
may also disclose, without the individual’s consent, the formal
disposition of a complaint when requested in writing by a court
hearing an application for a writ of habeas corpus filed after the
ombudsman’s adverse finding on the complaint.
Regardless of any provision of state law concerning confidentiality
of records and information, the ombuds must have access to, including
the right to inspect and copy, any records needed to carry out the his
or her responsibilities. If the ombuds is denied access to any of these 2021SB-01059-R01-BA.DOCX
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records, he or she may issue a subpoena for their (see below).
Under the bill, the name, address, and other personally identifiable
information of a person who makes a complaint to the ombuds and all
information or confidential records the office obtains or generates
when investigating are generally confidential and not subject to
Freedom of Information Act disclosure. However, the information and
records, other than confidential information concerning a pending law
enforcement investigation or a pending prosecution, may be disclosed
if the ombuds determines that it is (1) in the general public interest or
(2) needed for the ombuds to perform his or her responsibilities. A
person may appeal a determination not to disclose information in
accordance with the Uniform Administrative Procedure Act.
Disclosure of Criminal Acts or Threats to Health and Safety
Regardless of the confidentiality provisions, the bill requires the
ombuds to notify the DOC commissioner or a facility administrator
when, in the course of providing ombuds services, the ombuds or a
member of the ombuds’ staff becomes aware of the commission or
planned commission of a criminal act or a threat to the health and
safety of anyone or the security of a correctional facility. If the
commissioner reasonably believes that an individual in DOC custody
has made or given to the ombuds an oral or written communication
about a safety or security threat within the department or directed
against a DOC employee, the ombuds must give the commissioner all
oral or written communications relevant to the threat. Under current
law, these provisions apply to those age 18 or younger, but the bill
applies them to everyone in DOC custody.
Subpoena Power
The bill allows the correction ombuds to issue subpoenas to compel
the attendance and testimony of witnesses or the production of books,
papers, and other documents and to administer oaths to witnesses in
any matter under his or her investigation.
The bill allows the person issued such a subpoena to, within
specified timeframes, (1) serve the ombuds with a written objection to 2021SB-01059-R01-BA.DOCX
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the subpoena and (2) file the objection in the Hartford Superior Court,
which must adjudicate the objection under court rules. A person who
wishes to object must do so within 15 days after the subpoena was
served or on or before the time the subpoena specifies for compliance,
if the time is less than 15 days after service. If a person to whom the
subpoena is issued fails to object or appear or, having appeared,
refuses to give testimony or fails to produce the evidence required, the
ombuds may apply to the Superior Court for the Hartford judicial
district, which will have jurisdiction to order the person to appear and
give testimony or to produce the evidence, as the case may be.
Grants, Gifts, and Bequests
The bill allows the ombuds to apply for and accept grants, gifts, and
bequests of funds from other states, federal and interstate agencies,
and independent authorities and private firms, individuals, and
foundations, to carry out his or her responsibilities. The bill establishes
a Correction Ombuds account within the General Fund, which is a
separate nonlapsing account. Any funds received under this provision
must, upon deposit in the General Fund, be credited to the account
and the ombuds may use it in performing his or her duties.
Retaliation Prohibited
The bill prohibits state or municipal agencies from discharging, or
discriminating in any manner or retaliating against, any employee who
in good faith makes a complaint to the correction ombuds or
cooperates with the office in an investigation.
Immunity
Under the bill, the state must protect and hold harmless any
attorney, director, investigator, social worker, or other person the
Correction Ombuds Office employs. The bill protects them from
financial loss and expense, including legal fees and costs, if any, arising
out of any claim, demand, or suit for damages resulting from acts or
omissions committed in discharging their duties within the scope of
their employment that may constitute negligence, but are not wanton,
malicious, or grossly negligent as a court determines. 2021SB-01059-R01-BA.DOCX
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Study
The bill requires the Correction Ombuds Office to conduct a study
on the conditions in the state’s correctional facilities and halfway
houses. By October 1, 2022, and each year after, the ombuds must
submit a report to the Judiciary Committee on the conditions of
confinement in these facilities and houses.
§§ 2 & 501 — ISOLATED CONFINEMENT , RESTRAINTS, AND
SECLUSION
The bill limits the instances of, and places new requirements for
using, isolated confinement, seclusion, or restraints. The bill specifies
that these policies do not apply to any incarcerated person convicted of
capital felony or murder with special circumstances. As under existing
law, DOC is prohibited from placing any individual under age 18 on
administrative segregation status (i.e., placing an inmate on restrictive
housing status after determining the inmate can no longer be safely
managed within the general inmate population of the correctional
facility).
Right to Be Outside the Cell
Beginning July 1, 2022, the bill generally requires that each
incarcerated person, other than those on restrictive housing status,
have the opportunity to be outside his or her cell for at least 6.5 hours a
day. Beginning July 1, 2023, the bill requires those on restrictive
housing status to be allowed out of their cells for at least 6.5 hours a
day.
The bill allows the DOC commissioner, by July 1, 2023, to develop a
plan to govern how each incarcerated person on restrictive housing
status will have the opportunity to be outside his or her cell for at least
6.5 hours each day, except under certain circumstances and conditions
(see below). The bill specifies that regardless of whether the plan is
developed, each incarcerated person must have the opportunity to be
outside his or her cell for at least 6.5 hours a day.
Within two weeks after a plan is developed, the commissioner must
report the plan to the Judiciary Committee. 2021SB-01059-R01-BA.DOCX
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Under the bill, the outside of the cell requirement does not apply to
those held in (1) seclusion or (2) isolated confinement in response to
certain situations. These situations are (1) a serious incident resulting
in a correctional facility-wide lockdown, (2) a substantiated threat of
imminent physical harm to another person based on recent conduct, or
(3) an incarcerated person’s request for segregation for the person’s
protection.
Under the bill, a “serious incident” means any of the following:
1. an attack on a DOC building or facility conducted from outside
of the building or facility;
2. a significant breach of a DOC building or facility perimeter;
3. possession of firearms, ammunition, or explosives by an
incarcerated person or a visitor to a DOC building or facility;
4. a death or injury to an on-duty DOC employee, a DOC
contractor or volunteer, or a visitor to a DOC building or
facility, or an unnatural death or admission to an acute care
hospital of an incarcerated person;
5. a riot or hostage situation, major fire, or bomb threat at a DOC
building or facility;
6. a suspected bio-chemical contamination of a DOC building or
facility;
7. any suspected, attempted, or confirmed escape of an
incarcerated person from a correctional facility or work detail or
during transport, including any escape a public member
reports;
8. any incident requiring a unit to be placed on alert or mobilized
in response to an emergency at a DOC building or facility;
9. an intentional or accidental firearm discharge at a DOC building
or facility, other than during training; 2021SB-01059-R01-BA.DOCX
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10. use of a category 2 chemical agent at a DOC building or facility,
as categorized by the federal Occupational Safety and Health
Administration standards, for purposes other than those
approved for building, facility, or equipment maintenance;
11. an event that seriously impacts normal DOC operations such as
a health emergency, power outage, any major destruction or
disablement of state property, or an incident requiring an
unplanned lockdown of a DOC facility;
12. a terrorist threat or intelligence of suspected terrorist activity;
13. an instance or threat of workplace violence in any workplace or
as part of any work detail requiring the immediate separation of
incarcerated individuals due to an imminent threat of violence;
14. a suicide attempt by an incarcerated person requiring
immediate life-saving measures; or
15. a reported sexual abuse of an incarcerated person or a DOC
employee, contractor, or volunteer committed on or by these
individuals where there is immediate evidence or indication
that sexual abuse occurred.
Isolated Confinement
Under the bill, before holding any incarcerated person in isolated
confinement (i.e., in a cell, alone or with others, for more than 17.5
hours per day) due to one of the situations described above, DOC must
attempt to defuse the instant situation with de-escalation methods (i.e.,
to effectively defuse a crisis without the use of force by using tactics
learned through training to recognize and respond to emotions) and
less restrictive measures. Only if these methods and measures fail to
defuse the situation may DOC hold a person in isolated confinement.
Under the bill, within 24 hours after initiating the process of holding
someone in isolated confinement, DOC must ensure a physician and
therapist (i.e., a licensed physician specializing in psychiatry,
psychologist, marital and family therapist, clinical or master social 2021SB-01059-R01-BA.DOCX
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worker, or professional counselor) must, respectively, conduct a
physical examination and a mental health evaluation to determine
whether the person is a member of a vulnerable population.
Under the bill, a “member of a vulnerable population” is an
incarcerated person who:
1. is age 21 or younger, or age 65 or older;
2. has a mental disability, a history of psychiatric hospitalization,
or has recently exhibited self-harming conduct, including self-
mutilation;
3. has a developmental disability;
4. has a serious medical condition that cannot be effectively
treated in isolated confinement;
5. is pregnant, is in the postpartum period, or has recently suffered
a miscarriage or terminated a pregnancy; or
6. has a significant auditory or visual impairment.
Under the bill, if DOC holds an incarcerated person in isolated
confinement, it must:
1. ensure continuous monitoring of the person’s safety and well-
being;
2. ensure that any person held in isolated confinement has
sufficient and regular access to a toilet, water, food, light, air,
and heat;
3. continue de-escalation efforts; and
4. end the person’s isolated confinement as soon as the threat of
the serious incident or of imminent physical harm to others has
passed or the person no longer requests segregation for his or
her own protection. 2021SB-01059-R01-BA.DOCX
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The bill prohibits DOC from subjecting any incarcerated person to
isolated confinement (1) because of the person’s race, creed, color,
national origin, nationality, ancestry, age, marital status, domestic
partnership, or civil union status, affectional or sexual orientation,
genetic information, pregnancy or breastfeeding status, sex, gender
identity or expression, disability, or atypical hereditary cellular or
blood trait, or (2) for any continuous period longer than 72 hours, or
for more than 72 hours during any 14-day period.
The bill prohibits staff members ranked lower than captain from
ordering an incarcerated person to be held in isolated confinement.
The bill only allows those ranked captain or higher or the
commissioner or deputy commissioner to order an incarcerated person
to be held in isolated confinement for an initial period of up to eight
hours. If there is no staff member on duty during a period of time at a
facility with the rank of captain or higher, the warden may authorize
the highest-ranking officer on duty during this time to order an
incarcerated person to be held in isolated confinement for an initial
period of up to eight hours. Only those ranked deputy warden or
warden or the commissioner or deputy commissioner may order
continued isolated confinement in increments of up to eight hours and
not more than 48 hours total. Only the commissioner or deputy
commissioner may order continued isolated confinement of up to 72
hours total.
Restraints
The bill prohibits DOC from subjecting incarcerated person to the
use of:
1. life-threatening restraints (i.e., any physical restraint or hold of a
person that restricts the flow of air into a person’s lungs,
whether by chest compression or any other means, or
immobilizes or reduces the free movement of a person’s arms,
legs, or head while the person is in the prone position);
2. pharmacological restraints (i.e., a drug or medication used to
manage a person’s behavior or restrict a person’s freedom of 2021SB-01059-R01-BA.DOCX
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movement and not as a standard treatment or administered in a
dosage appropriate for the patient’s condition), except as when
expressly allowed under the bill (see below); or
3. physical restraints, except when the bill allows for the purpose
of (a) transporting the incarcerated person between units or
outside the correctional facility, or (b) responding to a
substantiated threat of imminent physical harm to another
person as evidenced by recent conduct.
Under the bill, “physical restraint” means any mechanical device
used to control the movement of an incarcerated person’s body or
limbs, including, flex cuffs, soft restraints, hard metal handcuffs, a
black box, leg irons, belly chains, a security chain, or a convex shield.
But it does not include any medical device or helmet, mitt, or similar
device used to prevent self-injury when the device is part of a
documented treatment plan and is the least restrictive means available
to prevent self-injury. The bill defines “soft restraints” as any physical
restraint constructed of padded, quilted or pliable materials, but does
not include, flex cuffs, handcuffs, a black box, leg irons, a belly chain,
or a security chain.
Before subjecting any incarcerated person to physical restraints
when responding to a substantiated threat of imminent physical harm,
DOC must first attempt to defuse the instant situation by using de-
escalation methods and less restrictive measures. DOC may use
physical restraints only if these methods and measures fail to defuse
the instant situation, except as restricted under the laws for pregnant
inmates (CGS § 18-69c).
Under the bill, if DOC subjects an incarcerated person to physical
restraints when responding to a substantiated threat of imminent
physical harm, DOC must:
1. confirm continuous monitoring to ensure the person’s safety
and well-being, including requiring a medical professional (i.e.,
a licensed physician, physician assistant, or advanced practice
registered nurse, registered nurse, or practical nurse) to check 2021SB-01059-R01-BA.DOCX
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the restraints and then again every two hours to ensure
adequate circulation and range of movement to avoid pain and
to allow the incarcerated person to perform necessary bodily
functions, including breathing, eating, drinking, standing, lying
down, sitting, and using the toilet;
2. ensure that no physical restraints are imposed on an
incarcerated inmate who is showering or exercising;
3. continue de-escalation efforts; and
4. end the use of physical restraints on the incarcerated person as
soon as the threat of the serious incident or imminent physical
harm to others has passed.
The bill prohibits staff members ranked lower than captain from
subjecting an incarcerated person to the use of physical restraints. It
only allows those ranked captain or higher to order an incarcerated
person to be subjected to the use of physical restraints for an initial
period of not more than two hours. Only a deputy warden or warden
or the commissioner or deputy commissioner may order the use of
physical restraints upon the person for an additional period of up to
two hours, provided no incarcerated person is subjected to physical
restraints for more than four hours in any 24-hour period.
Use of Restraints or Seclusion
The bill allows DOC to subject an incarcerated person to the use of
seclusion (i.e., involuntary confinement of an incarcerated person as a
patient in a separate room, subject to close medical supervision for the
purpose of protecting the patient and others from harm) or restraints
in response to a psychiatric emergency, provided a therapist attempts
to defuse the instant situation by using de-escalation methods and less
restrictive measures and the methods and measures fail to defuse it.
Under the bill, “psychiatric emergency” means an event during which
a person poses a substantiated threat of imminent physical harm to
himself or herself or another person due to an acute disturbance of
behavior, thought, or mood. 2021SB-01059-R01-BA.DOCX
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The bill only allows a therapist to order an incarcerated person to be
subjected to restraints in response to a psychiatric emergency. This
may occur after a therapist conducts an in-person evaluation of an
incarcerated person and determines that restraints are needed to
prevent a substantiated threat of imminent physical harm to the
incarcerated person himself or herself or to others because of an acute
disturbance of behavior, thought, or mood. The therapist may order
the person to be subjected to restraints for a period of up to two hours.
A therapist may only order the person to be restrained for an
additional period of up to two hours if the therapist, after an in-person
evaluation, determines that restraints remain necessary to prevent the
same harm as before.
If DOC subjects an incarcerated person to seclusion or restraints in
response to a psychiatric emergency, the department must:
1. ensure that any seclusion that occurs or restraints that are
imposed are only within the correctional facility’s medical units;
2. ensure that the only restraints employed are soft restraints or
pharmacological restraints;
3. ensure that no (a) soft restraints are used if pharmacological
restraints have already been administered and have alleviated
the risk of a serious incident or imminent physical harm, and (b)
pharmacological restraints are administered if soft restraints
have already been used and have alleviated the risk;
4. ensure a medical professional check the restraints, and then
again, every two hours, to ensure adequate circulation and
range of movement to avoid pain and that a medical
professional continually monitors, through direct observation,
the person while he or she is in restraints;
5. continue de-escalation efforts; and
6. end the use of seclusion or restraints on the incarcerated person
as soon as the threat of the serious incident or imminent 2021SB-01059-R01-BA.DOCX
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physical harm has passed.
The bill requires DOC to develop standards to enable staff members
to determine whether using restraints or seclusion is contraindicated
for each incarcerated person, based on the person’s medical and
psychiatric status. The department must (1) inform each incarcerated
person of his or her restraint or seclusion status and (2) maintain the
person’s restraint or seclusion status in a place easily visible to staff
members if an emergency response is necessary.
Documentation
Under the bill, any time DOC uses isolated confinement or seclusion
or restrains a person, the department must:
1. video and audio record each incident from the moment the use
of restraints or confinement is imposed until the use concludes;
and
2. document de-escalation methods attempted, the cause for the
imposition of use of restraints or confinement, and the method
and duration of any restraint used.
DOC must retain any video or audio record, or document created
for at least five years.
Under current law, DOC must publish on its website a description
of any form and phase of housing (i.e., any status, restrictive, or
otherwise, that an incarcerated person may experience while in the
DOC custody) used at any of its correctional facilities for inmates on
restrictive housing status. The bill instead requires DOC to publish this
description for incarcerated individuals held in isolated confinement
and data used in the report in a downloadable, sortable format.
Restrictive Housing Status
Under current law, “restrictive housing status” means the
designation of a DOC inmate that provides for closely regulated
management and separation of the inmate from other inmates. The bill
instead defines it as any classification that requires closely regulated 2021SB-01059-R01-BA.DOCX
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management and separation of an incarcerated person and includes
the following correctional statuses: administrative segregation,
punitive segregation, transfer detention, administrative detention,
security risk group, chronic discipline, special needs, and protective
custody.
Annual Report on Certain Data
Additionally, current law requires DOC to at least annually submit
to the Criminal Justice Policy and Planning Division a report
containing certain aggregated and anonymized data. The bill instead
requires the data to be disaggregated and provide specific information
on isolated confinement, restraints, and seclusion, rather than on just
administrative segregation generally.
Under current law, the report must include the number of inmates
on administrative housing status for the previous year with
disaggregate data with certain personal information, the form and
phase of housing the inmate was held in, the durations of time in each
status, and a breakdown by correctional facility.
The bill instead requires DOC to report the number of incarcerated
individuals who spent any time in isolated confinement during the 12
months before the report’s submission.
Under the bill, the data must also include lists of unique individuals
in DOC custody during the 12 months before the report’s submission
who were subjected to any form of isolated confinement or restraints.
The lists must include each person’s: age, gender identity, ethnicity,
total number of days spent in isolated confinement or restraints in the
previous calendar year, total number of days spent in isolated
confinement or restraints over the course of the entire period of
incarceration, specific restrictive housing status, if any, and mental
health score as DOC calculated, if any. The isolated confinement list
must also include the reason for placement in isolation.
Under the bill, the data must also include the number of incidents,
broken down by correctional facility, for the previous calendar year, 2021SB-01059-R01-BA.DOCX
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categorized as:
1. suicides;
2. attempted suicides;
3. self-harm;
4. staff member use of force against incarcerated individuals;
5. incarcerated individuals assaulting staff members; and
6. assaults between incarcerated individuals.
The report must also include the number of incarcerated individuals
subjected to more than 72 hours of isolated confinement in the
previous calendar year as categorized by the following periods of time
(1) up to 15 days, (2) 16 to 30 days, (3) 31 to 79, or (4) 80 or more days.
Restrictive Housing Status Study
By January 1, 2021, the bill requires the DOC commissioner to study
and submit a report to the Judiciary Committee on the use and
oversight of all forms and phases of housing for inmates on restrictive
housing status.
Training and Wellness Measures for DOC Employees
Under current law, DOC, within available appropriations, must
provide certain training to, and take measures to promote the wellness
of, DOC employees who interact with inmates. The bill expands (1)
this training to include the recognition of, and techniques for
mitigating, trauma and vicarious trauma, and (2) these measures to
include developing and using strategies to prevent and treat trauma-
related effects on employees.
§§ 3 & 502 — VISITATION POLICY AND OTHER INCARCERATED
PERSON’S RIGHTS
The bill establishes certain visitation rights for incarcerated people
and eliminates the requirement for a separate visitation policy for an
inmate who is a parent to a child under age 18. But as under existing 2021SB-01059-R01-BA.DOCX
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law, any policy for such a person must include rules on (1) physical
contact, (2) convenience and frequency of visits, and (3) access to child-
friendly visiting areas. The bill specifies that this policy does not apply
to any incarcerated person convicted of a capital felony or murder with
special circumstances.
Under the bill, the visitation policy must:
1. allow at least one 60-minute contact social visit (i.e., an in-
person meeting between an incarcerated person and an
approved visitor who are not separated from each other by any
physical divider, including, a screen or partition) per week;
2. allow visitation by members of an incarcerated person’s
immediate family, extended family, unmarried co-parents,
unmarried romantic partners, and close personal friends (a
person’s past criminal conviction must not be the sole or
primary basis for denying a person’s application to visit); and
3. provide that no incarcerated person may be restrained during a
contact social visit.
The policy must also provide that no incarcerated person, except
one with a history of contraband violations, may be deprived of a
contact social visit without first having a hearing where DOC has the
burden of showing by clear and convincing evidence that the visitation
denial is needed to (1) protect against a substantiated threat of
imminent physical harm to DOC employees, other visitors, or other
individuals or (2) prevent the introduction of contraband. Any
incarcerated person who is denied a contact social visit must have an
opportunity for a visit not involving contact instead of the contact
social visit.
Under the bill, an incarcerated person with a history of contraband
violations may be deprived of these contact social visits without a
hearing, provided the person may request a hearing to have visitation
reinstated. The hearings must be guided by written procedures that
the bill requires the DOC commissioner to develop by September 30, 2021SB-01059-R01-BA.DOCX
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2021. The procedures must guide the hearings on and after October 1,
2021, and the commissioner must report on the procedures to the
Judiciary Committee by that date.
The bill prohibits DOC from depriving an incarcerated person of
contact social visits for more than 90 days, except for those convicted
of a capital felony or murder with special circumstances.
Mail and Writing
The bill requires the DOC commissioner to establish policies
concerning mail to and from incarcerated people. The policies must (1)
allow each incarcerated person to write, send, and receive letters
without limiting the number of the letters an incarcerated person
receives, writes, and sends at his or her own personal expense, and (2)
prohibit unnecessary delays in processing an incarcerated person’s
incoming and outgoing mail.
The bill requires each correctional facility commissary to sell: (1)
stationery, envelopes, postcards, greeting cards, and postage; and (2)
aerogramme folding letters (i.e., light paper foldable and sealable to
form a letter) for foreign air mail letters.
Under the bill, DOC may not deprive an incarcerated person of the
ability to write, send, or receive letters for discipline, retaliation, or
convenience.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 27 Nay 11 (04/08/2021)
Appropriations Committee
Joint Favorable
Yea 30 Nay 16 (05/24/2021)