District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0541 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	October 17, 2023
3	3
4	4	Nyasha Smith, Secretary
5	5	Council of the District of Columbia
6	6	1350 Pennsylvania Avenue, N.W.
7	7	Washington, DC 20004
8	8
9	9	Dear Secretary Smith,
10	10
11	11	Today, I, along with Councilmembers Robert White, Janeese Lewis George, Anita Bonds,
12	12	Charles Allen, Zachery Parker, and Kenyan McDuffie, am introducing the “Eliminating
13	13	Restrictive and Segregated Enclosures (“ERASE”) Solitary Confinement Act of 2023.” Please
14	14	find enclosed a signed copy of the legislation.
15	15	This legislation prohibits nearly all forms of segregated confinement for individuals incarcerated
16	16	at penal institutions owned, operated, and controlled by the Department of Corrections. It also
17	17	limits the use of safe cells, would mandate that all residents in a DOC facility receive at least
18	18	eight hours of out-of-cell time a day, and charge DOC with providing residents mental health
19	19	services any time they’re placed in prolonged confinement, medical isolation, or suicide watch.
20	20	An oversight provision of the bill would require DOC to collect and publish data on the ongoing
21	21	use of solitary, allow residents to file special grievances, and potentially sue the agency if
22	22	they’ve been subject to prolonged confinement.
23	23	In general, solitary confinement is a cruel, inhumane, and degrading mode of punishment that
24	24	has been equated to torture.
25	25	1
26	26	Studies have consistently proven that solitary confinement can
27	27	create or exacerbate both short- and long-term psychological and physical health issues for
28	28	people placed in solitary confinement, including self-harm and suicide, anxiety and depression,
29	29	and gastrointestinal and cardiovascular problems.
30	30	2
31	31	Solitary confinement does not properly
32	32
33	33	1
34	34	See G.A. Res. 70/175, at 8, 15–17, The United Nations Standard Minimum Rules for the Treatment of
35	35	Prisoners, the Nelson Mandela Rules (Dec. 17, 2015).
36	36	2
37	37	See Sharon Shalev, A Sourcebook on Solitary Confinement 15–17 (2008).
38	38	remedy the root problems that lead to a person’s placement in solitary,
39	39	3
40	40	and the economic costs
41	41	of solitary far exceed any perceived benefits.
42	42	4
43	43
44	44	Similarly, the profound stress caused by spending time in solitary confinement can lead to
45	45	permanent damage to a person’s identity, including changes in the brain and personality of the
46	46	people subjected to it. “Depriving humans—who are naturally social beings—of the ability to
47	47	interact with others can cause social pain” which affects the brain in the same way as physical
48	48	pain.
49	49	5
50	50	Additionally, the overwhelming amount of research proves that solitary confinement leads
51	51	to greater recidivism and misconduct.
52	52	6
53	53	If we care about reducing crime, we should care about
54	54	solitary for that reason, too.
55	55	The deplorable conditions at the District’s jails and restrictive housing units— including
56	56	flooding, lack of grievance procedures, lack of mattresses, and more
57	57	7
58	58	— only exacerbate the
59	59	harmful effects of solitary confinement. The conditions of safe cells in the District’s jails are
60	60
61	61	3
62	62	Kayla James & Elena Vanko, The Impacts of Solitary Confinement, Vera Institute of Justice 5 (Apr. 2021)
63	63	(“In short, solitary confinement does not improve safety and may actually lead to an increase in violence and
64	64	recidivism. This is not surprising, given that people in solitary are typically denied the opportunity to
65	65	participate in education, mental health or drug treatment, and other rehabilitative programs or to otherwise
66	66	prepare for reentering the community.”).
67	67	4
68	68	Id. at 5-6 (“The Federal Bureau of Prisons estimated in 2013 that it cost $216 per person, per day, to hold
69	69	people in solitary in the Administrative Maximum Facility at the Federal Correctional Complex in Florence,
70	70	Colorado. In comparison, the estimated cost of housing people in the complex’s general population was $86
71	71	per person, per day.”) (emphasis in original); see also Alison Shames et al., Solitary Confinement: Common
72	72	Misconceptions and Emerging Safe Alternatives, Vera Institute of Justice 24 (May 2015) (“The significant
73	73	fiscal costs associated with building and operating segregated housing units and facilities are due to the
74	74	reliance on single-cell confinement, enhanced surveillance and security technology, and the need for more
75	75	corrections staff (to handle escorts, increased searches, and individualized services).”).
76	76	5
77	77	Katie Rose Quandt & Alexi Jones, Research Roundup: Incarceration can cause lasting damage to mental
78	78	health, Prison Policy Initiative (May 13, 2021),
79	79	https://www.prisonpolicy.org/blog/2021/05/13/mentalhealthimpacts/.
80	80	6
81	81	Andreea Matei, Solitary Confinement in US Prisons, Urban Institute (August 2022).
82	82	7
83	83	See District of Columbia Corrections Information Council, DC Department of Corrections Inspection Report
84	84	6 (Sept. 30, 2021),
85	85	https://cic.dc.gov/sites/default/files/dc/sites/cic/page_content/attachments/CIC%20Inspection%20Repo
86	86	rt%20DOC%20FY%202021%20site%20visit%20May%202021.pdf; Press Release, U.S. Marshals Service,
87	87	Statement by the U.S. Marshals Service Re: Recent Inspection of DC Jail Facilities (Nov. 2, 2021),
88	88	https://www.usmarshals.gov/news/chron/2021/110221b.htm.
89	89	likewise troubling and, thus, similarly exacerbate the harms of solitary confinement for those on
90	90	suicide watch.
91	91	8
92	92
93	93	For these reasons, we must erase virtually all forms of segregated confinement for individuals
94	94	incarcerated at penal institutions in the District. This legislation would produce a fairer and more
95	95	humane criminal justice system in the District.
96	96	Should you have any questions, please contact my Legislative Aide Sabrin Qadi at
97	97	sqadi@dccouncil.gov or (202) 834-8093.
98	98
99	99	Thank you,
100	100
101	101	Best,
102	102
103	103	Brianne K. Nadeau
104	104
105	105	8
106	106	District of Columbia Corrections Information Council, District of Columbia Department of Corrections 2018
107	107	Inspection Report 17 (May 21, 2019),
108	108	https://cic.dc.gov/sites/default/files/dc/sites/cic/page_content/attachments/DOC%20FY%202018%20Re
109	109	port%205.21.19%20FINAL.pdf; Mitch Ryals, Attorneys Continue to Hear Reports of the Horrific Conditions
110	110	in DC Jail’s ‘Safe Cells’ Washington Citypaper (May 13, 2021),
111	111	https://washingtoncitypaper.com/article/516737/attorneys-continue-to-hear-reports-of-the-horrific-conditions-
112	112	in-dc-jails-safe-cells/.
113	113
114	114
115	115
116	116
117	117
118	118	_____________________________
119	119	Councilmember Robert C. White, Jr.
120	120
121	121
122	122
123	123
124	124	________________________________
125	125	Councilmember Brianne K. Nadeau
126	126
127	127
128	128
129	129
130	130	_____________________________
131	131	Councilmember Charles Allen
132	132
133	133
134	134
135	135	___________________________
136	136	Councilmember Anita Bonds
137	137
138	138
139	139
140	140	_______________________________
141	141	Councilmember Kenyan R. McDuffie
142	142
143	143
144	144
145	145
146	146	_____________________________
147	147	Councilmember Janeese Lewis George
148	148
149	149
150	150
151	151	_____________________________
152	152	Councilmember Zachary Parker
153	153
154	154
155	155
156	156
157	157
158	158
159	159
160	160	1
161	161	2
162	162	A BILL 3
163	163	4
164	164	_________________________ 5
165	165	6
166	166	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
167	167	8
168	168	_________________________ 9
169	169	10
170	170	To prohibit segregated confinement in jails; to strictly limit the use of safe cells and require that 11
171	171	incarcerated people with mental health emergencies receive the care to which they are 12
172	172	entitled; to require the Department of Corrections to create a plan to eliminate segregated 13
173	173	confinement and report to the Council the impacts of doing so. 14
174	174	15
175	175	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
176	176	act may be cited as the “Eliminating Restrictive and Segregated Enclosures (“ERASE”) Solitary 17
177	177	Confinement Act of 2023”. 18
178	178
179	179
180	180	Sec. 2. Definitions. 19
181	181	For purposes of this act, the term: 20
182	182	(a) “Appropriate healthcare” means the right to: 21
183	183	(1) Timely, responsive, respectful, and dignified attention to a resident’s 22
184	184	healthcare needs by a qualified health professional; 23
185	185	(2) Assessment, consultation, and provision of health care consistent with the 24
186	186	standard of care expected to be provided by a reasonably prudent qualified health professional in 25
187	187	the professional’s specialty area, and not limited in any way because of status as a detained or 26
188	188	incarcerated person; 27
189	189	(3) Have the qualified health professional respect a resident's privacy and 28
190	190	confidentiality; 29
191	191	(4) Privacy and protection from inquiry by qualified health professionals 30
192	192	regarding a resident’s charges, convictions, or duration of sentences unless expressly pertinent to 31
193	193	the delivery of care; 32
194	194	(5) Freedom from physical restraints while receiving any form of healthcare, 33
195	195	unless the treating qualified health professional requests physical restraints to address a specific 34
196	196	safety concern; 35
197	197	(6) Obtain, at no cost, at the conclusion of a resident’s visit to a qualified health 36
198	198	professional providing services outside of a penal institution, copies of all records of the 37
199	199	resident’s own diagnoses, test results, treatment instructions, recommendations for further 38
200	200	treatment and evaluation, and other documents that a person who is not detained or incarcerated 39
201	201	would have a right to obtain from a qualified health professional; 40
202	202	(7) Obtain, at no cost, full or partial copies of a resident’s own medical records 41
203	203
204	204
205	205	that are created by or in the possession of either the Department or the entity providing health 42
206	206	care on behalf of the Department, upon the request of a resident, former resident, or a resident or 43
207	207	former resident’s counsel without having to file a request under the District of Columbia 44
208	208	Freedom of Information Act, D.C. Code § 2-531; 45
209	209	(8) A reasonable opportunity to discuss with a qualified health professional the 46
210	210	benefits and risks of treatment alternatives, including the risks and benefits of forgoing 47
211	211	treatment, and guidance about different courses of action; 48
212	212	(9) Ask questions about health status or recommended treatment and to have those 49
213	213	questions answered by a qualified health professional; 50
214	214	(10) Make decisions about the care they receive and have those decisions 51
215	215	respected; 52
216	216	(11) Be advised of any conflicts of interest a qualified health professional may 53
217	217	have with respect to a resident’s care; 54
218	218	(12) Obtain a second opinion from a qualified health professional providing 55
219	219	services outside of the penal institution in the same or similar specialty within a reasonable 56
220	220	amount of time in cases involving a serious risk of death or serious bodily injury; 57
221	221	(13) Coordination and integration of the care provided by a resident’s qualified 58
222	222	health professionals, including the timely provision of care by a suitable qualified health 59
223	223	professional outside of the penal institution as necessary; and 60
224	224	(14) Visitation with a resident’s “attorney in fact,” as defined in D.C. Code § 21- 61
225	225	2202.1, for the purpose of healthcare decision making, regardless of any Department policy to 62
226	226	the contrary; 63
227	227	(15) All rights enumerated in the Consumers’ Bill of Rights at D.C. Code § 7- 64
228	228
229	229
230	230	1231.04; 65
231	231	(16) Communication pursuant to the DC Language Access Act at D.C. Code § 2 66
232	232	1901 et seq; and 67
233	233	(17) Effective communication pursuant to Title II and Title III of the Americans 68
234	234	with Disabilities Act at 42 U.S.C. §§ 12131-34 and 12181-89. 69
235	235	(b) “Chemical restraint” means a medication that is used in addition to or in place of the 70
236	236	resident’s regular, prescribed drug regimen to control extreme behavior during an emergency, 71
237	237	but does not include medications that comprise the resident’s regular, prescribed medical 72
238	238	regimen and that are part of the resident’s treatment, even if the intended purpose is to control 73
239	239	ongoing behavior; 74
240	240	(c) “Department” means the Department of Corrections, as defined in D.C. Code § 24- 75
241	241	211.01; 76
242	242	(d) “Disciplinary housing” means the separation of a resident from other individuals for 77
243	243	the purpose of punishing the resident for a violation of the Department’s or penal institution’s 78
244	244	rules; 79
245	245	(e) “Health care” means any type of care provided by a person licensed under or 80
246	246	permitted to practice a health occupation in the District as defined in D.C. Code § 3-1201 et seq. 81
247	247	Healthcare includes medical care, dental care, vision care, psychiatric care, psychological or 82
248	248	other treatment for mental or behavioral health conditions, physical therapy, occupational 83
249	249	therapy, chronic care, and the provision of medication or medical supplies; 84
250	250	(f) “Medical isolation” means the isolation of a resident consistent with a finding by a 85
251	251	qualified health professional that the resident has a communicable disease for which the Centers 86
252	252	for Disease Control and Prevention recommends or authorizes isolation or quarantine, and that 87
253	253
254	254
255	255	isolation is medically necessary for that resident’s treatment or to protect other residents or staff 88
256	256	from the communicable disease; 89
257	257	(g) “Minimum out-of-cell time” means at least 8 hours daily, between 8 a.m. and 8 p.m., 90
258	258	during which a resident is not restricted to their cell and has the opportunity to move around a 91
259	259	shared space, interact with other residents in a shared space without barriers or physical or 92
260	260	chemical restraints, participate in programming, shower, or go to the commissary, gym, and 93
261	261	recreation yard, or participate in other activities normally conducted outside of a resident’s cell; 94
262	262	(h) “Penal institution” means any penitentiary, prison, jail, or correctional facility owned, 95
263	263	operated, or controlled by the Department; 96
264	264	(i) “Physical restraint” means any mechanical device, material, or equipment attached or 97
265	265	adjacent to the resident’s body, or any manual method, that the resident cannot easily remove 98
266	266	and which restricts their freedom of movement or normal access to their body; 99
267	267	(j) “Prolonged confinement” means the denial of minimum out-of-cell time, without a 100
268	268	resident’s informed written consent; 101
269	269	(k) “Punitive measures” means the loss of any privilege, including video and phone calls, 102
270	270	recreation, reading materials, mail, or commissary, that is standardly provided to residents; 103
271	271	(l) “Qualified health professional” means a person licensed under or permitted to practice 104
272	272	a health occupation in the District as defined by D.C. Code § 3-1201.08 who is providing 105
273	273	services or treatment for which the individual is specifically licensed or is permitted to perform 106
274	274	pursuant to D.C. Code § 3-1201 et seq.; 107
275	275	(m) “Resident” means any individual detained or incarcerated at a penal institution; 108
276	276	(n) “Safe cell” means a suicide-resistant housing cell designed to prevent a resident from 109
277	277	inflicting serious bodily injury upon themselves or used by the Department as a place to hold and 110
278	278
279	279
280	280	continuously monitor residents placed on suicide watch; 111
281	281	(o) “Serious bodily injury” means a bodily injury or significant bodily injury that 112
282	282	involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or 113
283	283	impairment of the function of a bodily member or organ, or protracted loss of consciousness; 114
284	284	(p) “Suicide precaution” means a measure used to observe a resident who is assessed by a 115
285	285	qualified health professional and determined to not be actively suicidal, but expresses suicidal 116
286	286	ideation or has a recent prior history of inflicting or attempting to inflict serious bodily injury 117
287	287	upon themselves, or a resident who denies suicidal ideation or does not threaten suicide, but 118
288	288	demonstrates other concerning behavior indicating the potential for inflicting death or serious 119
289	289	bodily injury upon themselves; and 120
290	290	( “Suicide watch” means a measure used to observe a resident who is assessed by a 121
291	291	qualified health professional and determined to be actively suicidal, by either threatening or 122
292	292	engaging in inflicting serious bodily injury upon themselves. 123
293	293	Sec. 3. Scope. 124
294	294	This act shall apply to all residents detained or incarcerated at the Central Detention 125
295	295	Facility, the Correctional Treatment Facility, the Central Cell Block, and any other penal 126
296	296	institution owned, operated, or controlled by the Department. 127
297	297	Sec. 4. Limitations on the use of prolonged confinement. 128
298	298	(a) Department staff shall directly observe a resident on suicide precaution at staggered 129
299	299	intervals not to exceed every 15 minutes and document those observations. 130
300	300	(b) Department staff shall directly observe a resident on suicide watch continuously and 131
301	301	without interruption and document those observations every 15 minutes. 132
302	302	(g) Supervision aids, like cameras, can be utilized as a supplement to, but never as a 133
303	303
304	304
305	305	substitute for, direct observation by Department staff of a resident on suicide precaution or 134
306	306	suicide watch. 135
307	307	(c) A resident on suicide precaution shall never be placed in a safe cell and shall not be 136
308	308	subject to prolonged confinement or punitive measures. 137
309	309	(d) All residents on suicide precaution or suicide watch shall be entitled to attend all court 138
310	310	or parole hearings unless a qualified health practitioner makes a finding that non-attendance is 139
311	311	immediately necessary to prevent a risk of death or serious bodily injury to the resident or 140
312	312	another person. 141
313	313	(e) A resident on suicide watch shall reside in the least restrictive setting necessary to 142
314	314	reasonably assure the safety of the resident and others, as determined by a qualified health 143
315	315	professional, including housing in the general population, mental health unit, or medical 144
316	316	infirmary. 145
317	317	(f) A resident on suicide watch may be placed in a safe cell only if it is immediately 146
318	318	necessary to prevent death or serious bodily injury. 147
319	319	(h) A qualified health professional shall directly observe any resident in a safe cell a 148
320	320	minimum of every 4 hours and shall formally reassess the resident at least every 24 hours. 149
321	321	(i) Removal of a resident’s clothing shall be prohibited absent an individualized 150
322	322	determination by a qualified health professional that such removal is necessary to prevent death 151
323	323	or serious bodily injury. If the individualized determination to remove a resident’s clothing is 152
324	324	made, the resident shall immediately be provided with alternative safe clothing and blanket, and 153
325	325	a qualified health professional shall reassess the determination at least every 24 hours. A resident 154
326	326	shall never be without the clothing and blankets necessary to provide reasonable privacy and 155
327	327	warmth. 156
328	328
329	329
330	330	(j) The Department shall transfer a resident from a safe cell to a local hospital or another 157
331	331	appropriate healthcare facility as soon as practicable: 158
332	332	(1) Upon a determination by a qualified health care professional that the 159
333	333	Department cannot provide the resident with appropriate healthcare; 160
334	334	(2) If the resident has been held in a safe cell continuously for 48 hours; or 161
335	335	(3) Upon request of the resident. 162
336	336	(k) The Department shall examine any incident involving a completed suicide and any 163
337	337	incident involving a suicide attempt requiring hospitalization through a morbidity and mortality 164
338	338	review process, which shall be completed within 30 days of the resident’s death or suicide 165
339	339	attempt. 166
340	340	(l) The review, separate and apart from other formal investigations that may be required 167
341	341	to determine the cause of death, shall include: 168
342	342	(1) Review of the circumstances surrounding the incident; 169
343	343	(2) Review of procedures relevant to the incident; 170
344	344	(3) Review of all relevant training received by involved staff; 171
345	345	(4) Review of pertinent healthcare services reports involving the resident; 172
346	346	(5) Review of any possible precipitating factors that may have caused the resident 173
347	347	to commit suicide or suffer a serious suicide attempt; 174
348	348	(6) Recommendations, if any, for changes in policy, training, physical plant, 175
349	349	healthcare services, and operational procedures; and 176
350	350	(7) A written report detailing the Department’s findings, including whether each 177
351	351	recommendation was accepted or rejected and a corrective action plan specifying responsible 178
352	352	parties and timetables for completion. 179
353	353
354	354
355	355	(m) Within 5 days of the conclusion of the review process, the Department shall transmit 180
356	356	the report to the Mayor, the D.C. Council, and the Corrections Information Council. 181
357	357	(n) The Department shall publish on its website written updates on the status of the 182
358	358	corrective action plan in 30-day intervals until the plan has been fully implemented. 183
359	359	(o) All staff involved in the incident should be offered critical incident stress debriefing. 184
360	360	Sec. 5. Plan and report on the elimination of prolonged confinement 185
361	361	(a) Within 90 days after the effective date of this act, the Department shall transmit to 186
362	362	the Mayor, the Council, and the Corrections Information Council, and publish on its website a 187
363	363	written report of its plans to effectuate this act. 188
364	364	(b) The report published under subsection (a) of this section shall include: 189
365	365	(1) The number of residents who have not received minimum out-of-cell time 190
366	366	over the prior 12 months; and 191
367	367	(2) The number of residents who have been placed in disciplinary housing, 192
368	368	medical isolation, or a safe cell over the prior 12 months. 193
369	369	(c) The report published under subsection (a) of this section shall include the following 194
370	370	deidentified information about each resident: 195
371	371	(1) The cumulative number of days each resident has not received minimum out-196
372	372	of-cell time over the prior 12 months; 197
373	373	(2) The highest consecutive number of days each resident has not received 198
374	374	minimum out-of-cell time over the prior 12 months; 199
375	375	(3) The cumulative number of days each resident has been placed in disciplinary 200
376	376	housing, medical isolation, or a safe cell over the prior 12 months; 201
377	377	(4) The highest consecutive number of days each resident has been placed in 202
378	378
379	379
380	380	disciplinary housing, medical isolation, or a safe cell over the prior 12 months; 203
381	381	(5) The basis for denying the resident minimum out-out-of-cell time; 204
382	382	(6) The basis for placing the resident in disciplinary housing, medical isolation, or 205
383	383	a safe cell, including: 206
384	384	(A) The communicable disease that is the basis for medical isolation; and 207
385	385	(B) The number of documented assessments made by a qualified health 208
386	386	professional; 209
387	387	(7) The notice and procedures followed before denying the resident minimum out-210
388	388	of-cell time; 211
389	389	(8) The notice and procedures followed before placing the resident in disciplinary 212
390	390	housing, medical isolation, or a safe cell; 213
391	391	(9) The timing and plan for restoring the resident’s out-of-cell time and any 214
392	392	known barriers to that transition; and 215
393	393	(10) The timing and plan for removing the resident from disciplinary housing, 216
394	394	medical isolation, or a safe cell, and any known barriers to that transition. 217
395	395	(d) Within 180 days after the effective date of this act, the Department shall promulgate 218
396	396	regulations and issue policy statements to amend the Department’s processes for and use of 219
397	397	prolonged confinement, medical isolation, and safe cells in accordance with this act; 220
398	398	(e) Within one year after the effective date of this act, and quarterly thereafter, the 221
399	399	Department shall submit to the Mayor, the Council, and the Corrections Information Council, 222
400	400	and make available on the Department’s website a written report of its use of prolonged 223
401	401	confinement, medical isolation, and safe cells. 224
402	402	(f) The reports published under subsection (e) of this section shall include deidentified 225
403	403
404	404
405	405	data on each resident placed in prolonged confinement, broken down by confinement that is the 226
406	406	result of medical isolation, a safe cell, or any other reason, for any amount of time during the 227
407	407	reporting period. 228
408	408	(g) The reports published under subsection (e) of this section shall include: 229
409	409	(1) Each resident’s age, sex, gender identity, sexual orientation or other LGBTQ 230
410	410	status, race, religion, and ethnicity; 231
411	411	(2) Whether or not each resident is diagnosed with a serious mental illness, as that 232
412	412	term is defined in the current edition of The Diagnostic and Statistical Manual of Mental 233
413	413	Disorders; 234
414	414	(3) Whether or not each resident is diagnosed with a physical disability, an 235
415	415	intellectual or developmental disability, a traumatic brain injury, or any other disability, as 236
416	416	defined in 42 U.S.C. § 12102; 237
417	417	(4) The location of the prolonged confinement, broken down by unit or type of 238
418	418	unit; 239
419	419	(5) The highest consecutive number of days that each resident was in prolonged 240
420	420	confinement; 241
421	421	(6) The cumulative number of days each resident was in prolonged confinement; 242
422	422	(7) The reasons each resident was subjected to prolonged confinement; 243
423	423	(8) Whether each resident was subject to any type of physical or chemical 244
424	424	restraint while in prolonged confinement; and 245
425	425	(9) Whether each resident remains in prolonged confinement as of the time the 246
426	426	report is finalized. 247
427	427	(h) The reports published under subsection (e) of this section shall include data on the 248
428	428
429	429
430	430	filing of grievances by people held in prolonged confinement, medical isolation, or a safe cell, 249
431	431	including: 250
432	432	(1) The total number of grievances filed, reported by type of grievance; 251
433	433	(2) The number of grievances closed during the reporting period, including the 252
434	434	reason for closure, and the number of grievances that remain open; and 253
435	435	(3) The average number of days from the filing of a grievance to final resolution, 254
436	436	broken down by Informal Grievance, Formal Grievance, Level 1 Appeal, Level 2 Appeal and 255
437	437	Prolonged Confinement Grievance. 256
438	438	(i) The reports published under subsection (e) of this section shall include data on assault 257
439	439	and self-harm, including: 258
440	440	(1) The total number of residents in medical isolation who committed self-harm, 259
441	441	attempted or completed suicide, were assaulted by another resident, were subjected to a use of 260
442	442	force by a Department employee, or received an incident report or disciplinary infraction, and the 261
443	443	type of that infraction; and 262
444	444	(2) The total number of residents in a safe cell who committed self-harm, 263
445	445	attempted or completed suicide, were assaulted by another resident, were subjected to a use of 264
446	446	force by a Department employee, or received an incident report or disciplinary infraction, and the 265
447	447	type of that infraction. 266
448	448	Sec. 6. Private right of action. 267
449	449	(a) A resident or former resident may bring a civil action in the Superior Court of the 268
450	450	District of Columbia against the District or any agent or employee thereof for violation of this act 269
451	451	or of any regulation promulgated or policy statement issued there under. Relief may include: 270
452	452	(1) Injunctive relief; 271
453	453
454	454
455	455	(2) Declaratory relief; 272
456	456	(3) Liquidated damages of $1000 per each day a resident is unlawfully held in 273
457	457	prolonged confinement; 274
458	458	(4) Compensatory damages; and 275
459	459	(5) Punitive damages. 276
460	460	(b) A resident or former resident who prevails in an action under this section shall be 277
461	461	entitled to fees and costs, including reasonable attorneys’ fees and reasonable expert fees. 278
462	462	(c) Notwithstanding any D.C. law, regulation, or policy to the contrary: 279
463	463	(1) The requirements of D.C. Code § 12-309 shall not apply to an action brought 280
464	464	under this act; 281
465	465	(2) The only administrative remedy available to raise questions of compliance 282
466	466	with or treatment under this act shall be filing a Prolonged Confinement Grievance at any time 283
467	467	directly with the Director of the Department, which has 5 calendar days to respond; 284
468	468	(3) The grievance shall be considered exhausted at the time the Director responds 285
469	469	or at the conclusion of 5 calendar days regardless of whether the Director provides a response. 286
470	470	(d) The Department shall provide the resident with a grievance form, writing utensils, and 287
471	471	access to the Inmate Grievance Procedure mailbox. 288
472	472	(e) Failure to provide a resident with a grievance form, writing utensils or access to the 289
473	473	grievance mailbox shall effectively render the grievance process unavailable to the resident. 290
474	474	(f) In an action under this section, a resident or former resident’s sworn statement 291
475	475	including facts that, if true, would be sufficient to show the resident or former resident had either 292
476	476	completed the grievance process or that the grievance process was unavailable to that resident, 293
477	477	shall create a rebuttable presumption that the grievance process was either completed or 294
478	478
479	479
480	480	unavailable that can only be overcome by clear and convincing evidence. 295
481	481	Sec. 7. Fiscal impact statement. 296
482	482	The Council adopts the fiscal impact statement in the committee report as the fiscal 297
483	483	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 298
484	484	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 299
485	485	Sec. 8. Effective date. 300
486	486	This act shall take effect after approval by the Mayor (or in the event of veto by the 301
487	487	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 302
488	488	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 303
489	489	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 304
490	490	Columbia Register. 305