1 | 1 | | _____________________________ |
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2 | 2 | | Councilmember Kenyan R. McDuffie |
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3 | 3 | | _____________________________ |
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4 | 4 | | Councilmember Brianne K. Nadeau |
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5 | 5 | | _____________________________ |
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6 | 6 | | Councilmember Robert C. White, Jr. |
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7 | 7 | | _____________________________ |
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8 | 8 | | Councilmember Anita Bonds |
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9 | 9 | | _____________________________ |
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10 | 10 | | Councilmember Janeese Lewis George |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | _____________________________ |
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15 | 15 | | Councilmember Zachary Parker |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | _____________________________ |
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23 | 23 | | Councilmember Charles Allen |
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24 | 24 | | |
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32 | 32 | | 6 |
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33 | 33 | | A BILL 7 |
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34 | 34 | | 8 |
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35 | 35 | | _________________________ 9 |
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36 | 36 | | 10 |
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37 | 37 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 |
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38 | 38 | | 12 |
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39 | 39 | | _________________________ 13 |
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40 | 40 | | 14 |
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41 | 41 | | To prohibit segregated confinement in jails; to strictly limit the use of safe cells and require that 15 |
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42 | 42 | | incarcerated people with mental health emergencies receive the care to which they are 16 |
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43 | 43 | | entitled; to require the Department of Corrections to create a plan to eliminate segregated 17 |
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44 | 44 | | confinement and report to the Council the impacts of doing so. 18 |
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45 | 45 | | 19 |
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46 | 46 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 |
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47 | 47 | | act may be cited as the “ Eliminating Restrictive and Segregated Enclosures (“ERASE”) Solitary 21 |
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48 | 48 | | Confinement Act of 2025”. 22 |
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49 | 49 | | Sec. 2. Definitions. 23 |
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50 | 50 | | |
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51 | 51 | | 2 |
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52 | 52 | | |
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53 | 53 | | For purposes of this act , the term: 24 |
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54 | 54 | | (a) “Appropriate healthcare” means the right to: 25 |
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55 | 55 | | (1) Timely, responsive, respectful, and dignified attention to a resident’s 26 |
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56 | 56 | | healthcare needs by a qualified health professional; 27 |
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57 | 57 | | (2) Assessment, consultation, and provision of health care consistent with the 28 |
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58 | 58 | | standard of care expected to be provided by a reasonably prudent qualified health professional in 29 |
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59 | 59 | | the professional’s specialty area, and not limited in any way because of status as a detained or 30 |
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60 | 60 | | incarcerated person; 31 |
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61 | 61 | | (3) Have the qualified health professional respect a resident's privacy and 32 |
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62 | 62 | | confidentiality; 33 |
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63 | 63 | | (4) Privacy and protection from inquiry by qualified health professionals 34 |
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64 | 64 | | regarding a resident’s charges, convictions, or duration of sentences unless expressly pertinent to 35 |
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65 | 65 | | the delivery of care; 36 |
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66 | 66 | | (5) Freedom from physical restraints while receiving any form of healthcare, 37 |
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67 | 67 | | unless the treating qualified health professional requests physical restraints to address a specific 38 |
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68 | 68 | | safety concern; 39 |
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69 | 69 | | (6) Obtain, at no cost, at the conclusion of a resident’s visit to a qualified health 40 |
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70 | 70 | | professional providing services outside of a penal institution, copies of all records of the 41 |
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71 | 71 | | resident’s own diagnoses, test results, treatment instructions, recommendations for further 42 |
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72 | 72 | | treatment and evaluation, and other documents that a person who is not detained or incarcerated 43 |
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73 | 73 | | would have a right to obtain from a qualified health professional; 44 |
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74 | 74 | | (7) Obtain, at no cost, full or partial copies of a resident’s own medical records 45 |
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75 | 75 | | that are created by or in the possession of either the Department or the entity providing health 46 |
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76 | 76 | | |
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77 | 77 | | 3 |
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78 | 78 | | |
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79 | 79 | | care on behalf of the Department, upon the request of a resident, former resident, or a resident or 47 |
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80 | 80 | | former resident’s counsel without having to file a request under the District of Columbia 48 |
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81 | 81 | | Freedom of Information Act, D.C. Code § 2- 531; 49 |
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82 | 82 | | (8) A reasonable opportunity to discuss with a qualified health professional the 50 |
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83 | 83 | | benefits and risks of treatment alternatives, including the risks and benefits of forgoing 51 |
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84 | 84 | | treatment, and guidance about different courses of action; 52 |
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85 | 85 | | (9) Ask questions about health status or recommended treatment and to have those 53 |
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86 | 86 | | questions answered by a qualified health professional; 54 |
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87 | 87 | | (10) Make decisions about the care they receive and have those decisions 55 |
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88 | 88 | | respected; 56 |
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89 | 89 | | (11) Be advised of any conflicts of interest a qualified health professional may 57 |
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90 | 90 | | have with respect to a resident’s care; 58 |
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91 | 91 | | (12) Obtain a second opinion from a qualified health professional providing 59 |
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92 | 92 | | services outside of the penal institution in the same or similar specialty within a reasonable 60 |
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93 | 93 | | amount of time in cases involving a serious risk of death or serious bodily injury; 61 |
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94 | 94 | | (13) Coordination and integration of the care provided by a resident’s qualified 62 |
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95 | 95 | | health professionals, including the timely provision of care by a suitable qualified health 63 |
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96 | 96 | | professional outside of the penal institution as necessary; and 64 |
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97 | 97 | | (14) Visitation with a resident’s “attorney in fact,” as defined in D.C. Code § 21- 65 |
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98 | 98 | | 2202.1, for the purpose of healthcare decision making, regardless of any Department policy to 66 |
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99 | 99 | | the contrary; 67 |
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100 | 100 | | (15) All rights enumerated in the Consumers’ Bill of Rights at D.C. Code § 7- 68 |
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101 | 101 | | 1231.04; 69 |
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102 | 102 | | |
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103 | 103 | | 4 |
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104 | 104 | | |
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105 | 105 | | (16) Communication pursuant to the DC Language Access Act at D.C. Code § 2 70 |
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106 | 106 | | 1901 et seq; and 71 |
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107 | 107 | | (17) Effective communication pursuant to Title II and Title III of the Americans 72 |
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108 | 108 | | with Disabilities Act at 42 U.S.C. §§ 12131- 34 and 12181- 89. 73 |
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109 | 109 | | (b) “Chemical restraint” means a medication that is used in addition to or in place of the 74 |
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110 | 110 | | resident’s regular, prescribed drug regimen to control extreme behavior during an emergency, 75 |
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111 | 111 | | but does not include medications that comprise the resident’s regular, prescribed medical 76 |
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112 | 112 | | regimen and that are part of the resident’s treatment, even if the intended purpose is to control 77 |
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113 | 113 | | ongoing behavior; 78 |
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114 | 114 | | (c) “Department” means the Department of Corrections, as defined in D.C. Code § 24- 79 |
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115 | 115 | | 211.01; 80 |
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116 | 116 | | (d) “Disciplinary housing” means the separation of a resident from other individuals for 81 |
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117 | 117 | | the purpose of punishing the resident for a violation of the Department’s or penal institution’s 82 |
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118 | 118 | | rules; 83 |
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119 | 119 | | (e) “Health care” means any type of care provided by a person licensed under or 84 |
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120 | 120 | | permitted to practice a health occupation in the District as defined in D.C. Code § 3- 1201 et seq. 85 |
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121 | 121 | | Healthcare includes medical care, dental care, vision care, psychiatric care, psychological or 86 |
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122 | 122 | | other treatment for mental or behavioral health conditions, physical therapy, occupational 87 |
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123 | 123 | | therapy, chronic care, and the provision of medication or medical supplies; 88 |
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124 | 124 | | (f) “Medical isolation” means the isolation of a resident consistent with a finding by a 89 |
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125 | 125 | | qualified health professional that the resident has a communicable disease for which the Centers 90 |
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126 | 126 | | for Disease Control and Prevention recommends or authorizes isolation or quarantine, and that 91 |
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127 | 127 | | isolation is medically necessary for that resident’s treatment or to protect other residents or staff 92 |
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128 | 128 | | |
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129 | 129 | | 5 |
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130 | 130 | | |
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131 | 131 | | from the communicable disease; 93 |
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132 | 132 | | (g) “Minimum out- of-cell time” means at least 8 hours daily, between 8 a.m. and 8 p.m., 94 |
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133 | 133 | | during which a resident is not restricted to their cell and has the opportunity to move around a 95 |
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134 | 134 | | shared space, interact with other residents in a shared space without barriers or physical or 96 |
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135 | 135 | | chemical restraints, participate in programming, shower, or go to the commissary, gym, and 97 |
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136 | 136 | | recreation yard, or participate in other activities normally conducted outside of a resident’s cell; 98 |
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137 | 137 | | (h) “Penal institution” means any penitentiary, prison, jail, or correctional facility owned, 99 |
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138 | 138 | | operated, or controlled by the Department; 100 |
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139 | 139 | | (i) “Physical restraint” means any mechanical device, material, or equipment attached or 101 |
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140 | 140 | | adjacent to the resident’s body, or any manual method, that the resident cannot easily remove 102 |
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141 | 141 | | and which restricts their freedom of movement or normal access to their body; 103 |
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142 | 142 | | (j) “Prolonged confinement” means the denial of minimum out-of-cell time, without a 104 |
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143 | 143 | | resident’s informed written consent; 105 |
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144 | 144 | | (k) “Punitive measures” means the loss of any privilege, including video and phone calls, 106 |
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145 | 145 | | recreation, reading materials, mail, or commissary, that is standardly provided to residents; 107 |
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146 | 146 | | (l) “Qualified health professional” means a person licensed under or permitted to practice 108 |
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147 | 147 | | a health occupation in the District as defined by D.C. Code § 3- 1201.08 who is providing 109 |
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148 | 148 | | services or treatment for which the individual is specifically licensed or is permitted to perform 110 |
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149 | 149 | | pursuant to D.C. Code § 3- 1201 et seq.; 111 |
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150 | 150 | | (m) “Resident” means any individual detained or incarcerated at a penal institution; 112 |
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151 | 151 | | (n) “Safe cell” means a suicide-resistant housing cell designed to prevent a resident from 113 |
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152 | 152 | | inflicting serious bodily injury upon themselves or used by the Department as a place to hold and 114 |
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153 | 153 | | continuously monitor residents placed on suicide watch; 115 |
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154 | 154 | | |
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155 | 155 | | 6 |
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156 | 156 | | |
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157 | 157 | | (o) “Serious bodily injury” means a bodily injury or significant bodily injury that 116 |
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158 | 158 | | involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or 117 |
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159 | 159 | | impairment of the function of a bodily member or organ, or protracted loss of consciousness; 118 |
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160 | 160 | | (p) “Suicide precaution” means a measure used to observe a resident who is assessed by a 119 |
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161 | 161 | | qualified health professional and determined to not be actively suicidal, but expresses suicidal 120 |
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162 | 162 | | ideation or has a recent prior history of inflicting or attempting to inflict serious bodily injury 121 |
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163 | 163 | | upon themselves, or a resident who denies suicidal ideation or does not threaten suicide, but 122 |
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164 | 164 | | demonstrates other concerning behavior indicating the potential for inflicting death or serious 123 |
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165 | 165 | | bodily injury upon themselves; and 124 |
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166 | 166 | | (q) “Suicide watch” means a measure used to observe a resident who is assessed by a 125 |
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167 | 167 | | qualified health professional and determined to be actively suicidal, by either threatening or 126 |
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168 | 168 | | engaging in inflicting serious bodily injury upon themselves. 127 |
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169 | 169 | | Sec. 3. Scope. 128 |
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170 | 170 | | This act shall apply to all residents detained or incarcerated at the Central Detention 129 |
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171 | 171 | | Facility, the Correctional Treatment Facility, the Central Cell Block, and any other penal 130 |
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172 | 172 | | institution owned, operated, or controlled by the Department. 131 |
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173 | 173 | | Sec. 4. Limitations on the Use of Prolonged Confinement. 132 |
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174 | 174 | | (a) The Department shall provide appropriate healthcare to all residents, including those 133 |
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175 | 175 | | subject to disciplinary housing, medical isolation, suicide precaution, and suicide watch. 134 |
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176 | 176 | | (b) Except as provided in subsections (c) and (d) of this section, the Department shall not 135 |
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177 | 177 | | use or impose any form of prolonged confinement on any resident for any purpose, including 136 |
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178 | 178 | | discipline, safety, security, administrative convenience, placement on a medical or mental health 137 |
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179 | 179 | | unit, health care need, or the prevention of suicide or self-harm. 138 |
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180 | 180 | | |
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181 | 181 | | 7 |
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182 | 182 | | |
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183 | 183 | | (c) A resident in medical isolation may be subject to prolonged confinement, but only for 139 |
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184 | 184 | | the time necessary to ensure the resident is no longer contagious or transmitting a communicable 140 |
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185 | 185 | | disease. 141 |
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186 | 186 | | (d) A qualified health professional shall reevaluate whether medical isolation is necessary 142 |
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187 | 187 | | at an interval in accordance with guidance issued by the Centers for Disease Control and 143 |
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188 | 188 | | Prevention or, at a minimum, every 24 hours. 144 |
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189 | 189 | | (e) When a qualified health professional determines the resident is no longer contagious, 145 |
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190 | 190 | | the resident shall be immediately entitled to minimum out- of-cell time, even if they remain 146 |
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191 | 191 | | housed in a medical isolation unit. 147 |
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192 | 192 | | (f) The removal of personal property items from a resident shall be prohibited absent an 148 |
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193 | 193 | | individualized determination by a qualified health professional that the removal of a particular 149 |
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194 | 194 | | item is necessary to prevent the transmitting of a communicable disease. 150 |
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195 | 195 | | (g) A resident placed on suicide watch may be placed in prolonged confinement, subject 151 |
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196 | 196 | | to the provisions of Section 5 of this Chapter. 152 |
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197 | 197 | | (h) If the Department takes possession of a resident’s personal property when moving the 153 |
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198 | 198 | | resident to or from disciplinary housing, the Department shall return all personal property to the 154 |
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199 | 199 | | resident within 6 hours of taking possession of the property, excluding any contraband as defined 155 |
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200 | 200 | | in D.C. Code § 22- 2603.02. 156 |
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201 | 201 | | (i) Punitive measures may only be applied to a resident in response to a disciplinary 157 |
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202 | 202 | | finding. 158 |
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203 | 203 | | (j) At intake, and any time a resident is placed in prolonged confinement, medical 159 |
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204 | 204 | | isolation, disciplinary housing, or under suicide precaution or suicide watch, the Department 160 |
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205 | 205 | | shall provide the resident educational materials on mental health and substance use disorders, the 161 |
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206 | 206 | | |
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207 | 207 | | 8 |
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208 | 208 | | |
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209 | 209 | | stigma around mental health and substance use disorders, the mental health and substance use 162 |
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210 | 210 | | disorder treatment options available to residents from the Department, and the law, regulations, 163 |
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211 | 211 | | and policy statements governing the use of prolonged confinement, medical isolation, 164 |
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212 | 212 | | disciplinary housing, and suicide precaution or suicide watch. The Department shall make these 165 |
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213 | 213 | | educational materials available within 2 hours of the intake or placement in written format, both 166 |
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214 | 214 | | hard copy and electronic, and in video format. These educational materials must comply with the 167 |
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215 | 215 | | DC Language Access Act at D.C. Code § 2-1901 et seq. 168 |
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216 | 216 | | (k) The Department shall notify a resident’s counsel of record any time a resident is 169 |
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217 | 217 | | placed in prolonged confinement, medical isolation, disciplinary housing, or under suicide 170 |
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218 | 218 | | precaution or suicide watch. If the resident does not have a counsel of record, the Department 171 |
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219 | 219 | | shall notify the Public Defender Service for the District of Columbia. 172 |
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220 | 220 | | Sec. 5. Limitations on the use of prolonge d confinement. 173 |
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221 | 221 | | (a) Department staff shall directly observe a resident on suicide precaution at staggered 174 |
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222 | 222 | | intervals not to exceed every 15 minutes and document those observations. 175 |
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223 | 223 | | (b) Department staff shall directly observe a resident on suicide watch continuously and 176 |
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224 | 224 | | without interruption and document those observations every 15 minutes. 177 |
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225 | 225 | | (c) Supervision aids, like cameras, can be utilized as a supplement to, but never as a 178 |
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226 | 226 | | substitute for, direct observation by Department staff of a resident on suicide precaution or 179 |
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227 | 227 | | suicide watch. 180 |
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228 | 228 | | (d) A resident on suicide precaution shall never be placed in a safe cell and shall not be 181 |
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229 | 229 | | subject to prolonged confinement or punitive measures. 182 |
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230 | 230 | | (e) All residents on suicide precaution or suicide watch shall be entitled to attend all court 183 |
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231 | 231 | | or parole hearings unless a qualified health practitioner makes a finding that non- attendance is 184 |
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232 | 232 | | |
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233 | 233 | | 9 |
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234 | 234 | | |
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235 | 235 | | immediately necessary to prevent a risk of death or serious bodily injury to the resident or 185 |
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236 | 236 | | another person. 186 |
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237 | 237 | | (f) A resident on suicide watch shall reside in the least restrictive setting necessary to 187 |
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238 | 238 | | reasonably assure the safety of the resident and others, as determined by a qualified health 188 |
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239 | 239 | | professional, including housing in the general population, mental health unit, or medical 189 |
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240 | 240 | | infirmary. 190 |
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241 | 241 | | (g) A resident on suicide watch may be placed in a safe cell only if it is immediately 191 |
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242 | 242 | | necessary to prevent death or serious bodily injury. 192 |
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243 | 243 | | (h) A qualified health professional shall directly observe any resident in a safe cell a 193 |
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244 | 244 | | minimum of every 4 hours and shall formally reassess the resident at least every 24 hours. 194 |
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245 | 245 | | (i) Removal of a resident’s clothing shall be prohibited absent an individualized 195 |
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246 | 246 | | determination by a qualified health professional that such removal is necessary to prevent death 196 |
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247 | 247 | | or serious bodily injury. If the individualized determination to remove a resident’s clothing is 197 |
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248 | 248 | | made, the resident shall immediately be provided with alternative safe clothing and blanket, and 198 |
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249 | 249 | | a qualified health professional shall reassess the determination at least every 24 hours. A resident 199 |
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250 | 250 | | shall never be without the clothing and blankets necessary to provide reasonable privacy and 200 |
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251 | 251 | | warmth. 201 |
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252 | 252 | | (j) The Department shall transfer a resident from a safe cell to a local hospital or another 202 |
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253 | 253 | | appropriate healthcare facility as soon as practicable: 203 |
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254 | 254 | | (1) Upon a determination by a qualified health care professional that the 204 |
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255 | 255 | | Department cannot provide the resident with appropriate healthcare; 205 |
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256 | 256 | | (2) If the resident has been held in a safe cell continuously for 48 hours; or 206 |
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257 | 257 | | (3) Upon request of the resident. 207 |
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258 | 258 | | |
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259 | 259 | | 10 |
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260 | 260 | | |
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261 | 261 | | (k) The Department shall examine any incident involving a completed suicide and any 208 |
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262 | 262 | | incident involving a suicide attempt requiring hospitalization through a morbidity and mortality 209 |
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263 | 263 | | review process, which shall be completed within 30 days of the resident’s death or suicide 210 |
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264 | 264 | | attempt. 211 |
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265 | 265 | | (l) The review, separate and apart from other formal investigations that may be required 212 |
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266 | 266 | | to determine the cause of death, shall include: 213 |
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267 | 267 | | (1) Review of the circumstances surrounding the incident; 214 |
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268 | 268 | | (2) Review of procedures relevant to the incident; 215 |
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269 | 269 | | (3) Review of all relevant training received by involved staff; 216 |
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270 | 270 | | (4) Review of pertinent healthcare services reports involving the resident; 217 |
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271 | 271 | | (5) Review of any possible precipitating factors that may have caused the resident 218 |
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272 | 272 | | to commit suicide or suffer a serious suicide attempt; 219 |
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273 | 273 | | (6) Recommendations, if any, for changes in policy, training, physical plant, 220 |
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274 | 274 | | healthcare services, and operational procedures; and 221 |
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275 | 275 | | (7) A written report detailing the Department’s findings, including whether each 222 |
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276 | 276 | | recommendation was accepted or rejected and a corrective action plan specifying responsible 223 |
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277 | 277 | | parties and timetables for completion. 224 |
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278 | 278 | | (2) Within 5 days of the conclusion of the review process, the Department shall transmit 225 |
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279 | 279 | | the report to the Mayor, the D.C. Council, and the Corrections Information Council. 226 |
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280 | 280 | | (3) The Department shall publish on its website written updates on the status of the 227 |
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281 | 281 | | corrective action plan in 30-day intervals until the plan has been fully implemented. 228 |
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282 | 282 | | (4) All staff involved in the incident should be offered critical incident stress debriefing. 229 |
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283 | 283 | | Sec. 6. Plan and report on the e limination of prolonge d confinement 230 |
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284 | 284 | | |
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285 | 285 | | 11 |
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286 | 286 | | |
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287 | 287 | | (a) Within 90 days after the effective date of this act, the Department shall transmit to 231 |
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288 | 288 | | the Mayor, the Council, and the Corrections Information Council, and publish on its website a 232 |
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289 | 289 | | written report of its plans to effectuate this act. 233 |
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290 | 290 | | (b) The report published under subsection (a) of this section shall include: 234 |
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291 | 291 | | (1) The number of residents who have not received minimum out-of-cell time 235 |
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292 | 292 | | over the prior 12 months; and 236 |
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293 | 293 | | (2) The number of residents who have been placed in disciplinary housing, 237 |
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294 | 294 | | medical isolation, or a safe cell over the prior 12 months. 238 |
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295 | 295 | | (c) The report published under subsection (a) of this section shall include the following 239 |
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296 | 296 | | deidentified information about each resident: 240 |
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297 | 297 | | (1) The cumulative number of days each resident has not received minimum out-241 |
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298 | 298 | | of-cell time over the prior 12 months; 242 |
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299 | 299 | | (2) The highest consecutive number of days each resident has not received 243 |
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300 | 300 | | minimum out- of-cell time over the prior 12 months; 244 |
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301 | 301 | | (3) The cumulative number of days each resident has been placed in disciplinary 245 |
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302 | 302 | | housing, medical isolation, or a safe cell over the prior 12 months; 246 |
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303 | 303 | | (4) The highest consecutive number of days each resident has been placed in 247 |
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304 | 304 | | disciplinary housing, medical isolation, or a safe cell over the prior 12 months; 248 |
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305 | 305 | | (5) The basis for denying the resident minimum out- out-of-cell time; 249 |
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306 | 306 | | (6) The basis for placing the resident in disciplinary housing, medical isolation, or 250 |
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307 | 307 | | a safe cell, including: 251 |
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308 | 308 | | (A) The communicable disease that is the basis for medical isolation; and 252 |
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309 | 309 | | (B) The number of documented assessments made by a qualified health 253 |
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310 | 310 | | |
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311 | 311 | | 12 |
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312 | 312 | | |
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313 | 313 | | professional; 254 |
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314 | 314 | | (7) The notice and procedures followed before denying the resident minimum out-255 |
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315 | 315 | | of-cell time; 256 |
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316 | 316 | | (8) The notice and procedures followed before placing the resident in disciplinary 257 |
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317 | 317 | | housing, medical isolation, or a safe cell; 258 |
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318 | 318 | | (9) The timing and plan for restoring the resident’s out-of-cell time and any 259 |
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319 | 319 | | known barriers to that transition; and 260 |
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320 | 320 | | (10) The timing and plan for removing the resident from disciplinary housing, 261 |
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321 | 321 | | medical isolation, or a safe cell, and any known barriers to that transition. 262 |
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322 | 322 | | (d) Within 180 days after the effective date of this act, the Department shall promulgate 263 |
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323 | 323 | | regulations and issue policy statements to amend the Department’s processes for and use of 264 |
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324 | 324 | | prolonged confinement, medical isolation, and safe cells in accordance with this act; 265 |
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325 | 325 | | (e) Within one year after the effective date of this act, and quarterly thereafter, the 266 |
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326 | 326 | | Department shall submit to the Mayor, the Council, and the Corrections Information Council, 267 |
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327 | 327 | | and make available on the Department’s website a written report of its use of prolonged 268 |
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328 | 328 | | confinement, medical isolation, and safe cells. 269 |
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329 | 329 | | (f) The reports published under subsection (e) of this section shall include deidentified 270 |
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330 | 330 | | data on each resident placed in prolonged confinement, broken down by confinement that is the 271 |
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331 | 331 | | result of medical isolation, a safe cell, or any other reason, for any amount of time during the 272 |
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332 | 332 | | reporting period. 273 |
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333 | 333 | | (g) The reports published under subsection (e) of this section shall include: 274 |
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334 | 334 | | (1) Each resident’s age, sex, gender identity, sexual orientation or other LGBTQ 275 |
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335 | 335 | | status, race, religion, and ethnicity; 276 |
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336 | 336 | | |
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337 | 337 | | 13 |
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338 | 338 | | |
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339 | 339 | | (2) Whether or not each resident is diagnosed with a serious mental illness, as that 277 |
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340 | 340 | | term is defined in the current edition of The Diagnostic and Statistical Manual of Mental 278 |
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341 | 341 | | Disorders; 279 |
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342 | 342 | | (3) Whether or not each resident is diagnosed with a physical disability, an 280 |
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343 | 343 | | intellectual or developmental disability, a traumatic brain injury, or any other disability, as 281 |
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344 | 344 | | defined in 42 U.S.C. § 12102; 282 |
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345 | 345 | | (4) The location of the prolonged confinement, broken down by unit or type of 283 |
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346 | 346 | | unit; 284 |
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347 | 347 | | (5) The highest consecutive number of days that each resident was in prolonged 285 |
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348 | 348 | | confinement; 286 |
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349 | 349 | | (6) The cumulative number of days each resident was in prolonged confinement; 287 |
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350 | 350 | | (7) The reasons each resident was subjected to prolonged confinement; 288 |
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351 | 351 | | (8) Whether each resident was subject to any type of physical or chemical 289 |
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352 | 352 | | restraint while in prolonged confinement; and 290 |
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353 | 353 | | (9) Whether each resident remains in prolonged confinement as of the time the 291 |
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354 | 354 | | report is finalized. 292 |
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355 | 355 | | (h) The reports published under subsection (e) of this section shall include data on the 293 |
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356 | 356 | | filing of grievances by people held in prolonged confinement, medical isolation, or a safe cell, 294 |
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357 | 357 | | including: 295 |
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358 | 358 | | (1) The total number of grievances filed, reported by type of grievance; 296 |
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359 | 359 | | (2) The number of grievances closed during the reporting period, including the 297 |
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360 | 360 | | reason for closure, and the number of grievances that remain open; and 298 |
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361 | 361 | | (3) The average number of days from the filing of a grievance to final resolution, 299 |
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362 | 362 | | |
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363 | 363 | | 14 |
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364 | 364 | | |
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365 | 365 | | broken down by Informal Grievance, Formal Grievance, Level 1 Appeal, Level 2 Appeal and 300 |
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366 | 366 | | Prolonged Confinement Grievance. 301 |
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367 | 367 | | (i) The reports published under subsection (e) of this section shall include data on assault 302 |
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368 | 368 | | and self-harm, including: 303 |
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369 | 369 | | (1) The total number of residents in medical isolation who committed self- harm, 304 |
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370 | 370 | | attempted or completed suicide, were assaulted by another resident, were subjected to a use of 305 |
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371 | 371 | | force by a Department employee, or received an incident report or disciplinary infraction, and the 306 |
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372 | 372 | | type of that infraction; and 307 |
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373 | 373 | | (2) The total number of residents in a safe cell who committed self-harm, 308 |
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374 | 374 | | attempted or completed suicide, were assaulted by another resident, were subjected to a use of 309 |
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375 | 375 | | force by a Department employee, or received an incident report or disciplinary infraction, and the 310 |
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376 | 376 | | type of that infraction. 311 |
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377 | 377 | | Sec. 7. Private r ight of action. 312 |
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378 | 378 | | (a) A resident or former resident may bring a civil action in the Superior Court of the 313 |
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379 | 379 | | District of Columbia against the District or any agent or employee thereof for violation of this act 314 |
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380 | 380 | | or of any regulation promulgated or policy statement issued there under. Relief may include: 315 |
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381 | 381 | | (1) Injunctive relief; 316 |
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382 | 382 | | (2) Declaratory relief; 317 |
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383 | 383 | | (3) Liquidated damages of $1000 per each day a resident is unlawfully held in 318 |
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384 | 384 | | prolonged confinement; 319 |
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385 | 385 | | (4) Compensatory damages; and 320 |
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386 | 386 | | (5) Punitive damages. 321 |
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387 | 387 | | (b) A resident or former resident who prevails in an action under this section shall be 322 |
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388 | 388 | | |
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389 | 389 | | 15 |
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390 | 390 | | |
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391 | 391 | | entitled to fees and costs, including reasonable attorneys’ fees and reasonable expert fees. 323 |
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392 | 392 | | (c) Notwithstanding any D.C. law, regulation, or policy to the contrary: 324 |
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393 | 393 | | (1) The requirements of D.C. Code § 12- 309 shall not apply to an action brought 325 |
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394 | 394 | | under this act; 326 |
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395 | 395 | | (2) The only administrative remedy available to raise questions of compliance 327 |
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396 | 396 | | with or treatment under this act shall be filing a Prolonged Confinement Grievance at any time 328 |
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397 | 397 | | directly with the Director of the Department, which has 5 calendar days to respond; 329 |
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398 | 398 | | (3) The grievance shall be considered exhausted at the time the Director responds 330 |
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399 | 399 | | or at the conclusion of 5 calendar days regardless of whether the Director provides a response. 331 |
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400 | 400 | | (d) The Department shall provide the resident with a grievance form, writing utensils, and 332 |
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401 | 401 | | access to the Inmate Grievance Procedure mailbox. 333 |
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402 | 402 | | (e) Failure to provide a resident with a grievance form, writing utensils or access to the 334 |
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403 | 403 | | grievance mailbox shall effectively render the grievance process unavailable to the resident. 335 |
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404 | 404 | | (f) In an action under this section, a resident or former resident’s sworn statement 336 |
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405 | 405 | | including facts that, if true, would be sufficient to show the resident or former resident had either 337 |
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406 | 406 | | completed the grievance process or that the grievance process was unavailable to that resident, 338 |
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407 | 407 | | shall create a rebuttable presumption that the grievance process was either completed or 339 |
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408 | 408 | | unavailable that can only be overcome by clear and convincing evidence. 340 |
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409 | 409 | | Sec. 8. Fiscal impact statement. 341 |
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410 | 410 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 342 |
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411 | 411 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 343 |
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412 | 412 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 344 |
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413 | 413 | | Sec. 9. Effective date. 345 |
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414 | 414 | | |
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415 | 415 | | 16 |
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416 | 416 | | |
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417 | 417 | | This act shall take effect after approval by the Mayor (or in the event of veto by the 346 |
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418 | 418 | | Mayor, action by the Council to override the veto), a 30- day period of congressional review as 347 |
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419 | 419 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 348 |
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420 | 420 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 349 |
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421 | 421 | | Columbia Register. 350 |
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