District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0028 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 _____________________________
22 Councilmember Kenyan R. McDuffie
33 _____________________________
44 Councilmember Brianne K. Nadeau
55 _____________________________
66 Councilmember Robert C. White, Jr.
77 _____________________________
88 Councilmember Anita Bonds
99 _____________________________
1010 Councilmember Janeese Lewis George
1111
1212
1313
1414 _____________________________
1515 Councilmember Zachary Parker
1616
1717
1818
1919
2020
2121
2222 _____________________________
2323 Councilmember Charles Allen
2424
2525 1
2626
2727 1
2828 2
2929 3
3030 4
3131 5
3232 6
3333 A BILL 7
3434 8
3535 _________________________ 9
3636 10
3737 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
3838 12
3939 _________________________ 13
4040 14
4141 To prohibit segregated confinement in jails; to strictly limit the use of safe cells and require that 15
4242 incarcerated people with mental health emergencies receive the care to which they are 16
4343 entitled; to require the Department of Corrections to create a plan to eliminate segregated 17
4444 confinement and report to the Council the impacts of doing so. 18
4545 19
4646 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
4747 act may be cited as the “ Eliminating Restrictive and Segregated Enclosures (“ERASE”) Solitary 21
4848 Confinement Act of 2025”. 22
4949 Sec. 2. Definitions. 23
5050
5151 2
5252
5353 For purposes of this act , the term: 24
5454 (a) “Appropriate healthcare” means the right to: 25
5555 (1) Timely, responsive, respectful, and dignified attention to a resident’s 26
5656 healthcare needs by a qualified health professional; 27
5757 (2) Assessment, consultation, and provision of health care consistent with the 28
5858 standard of care expected to be provided by a reasonably prudent qualified health professional in 29
5959 the professional’s specialty area, and not limited in any way because of status as a detained or 30
6060 incarcerated person; 31
6161 (3) Have the qualified health professional respect a resident's privacy and 32
6262 confidentiality; 33
6363 (4) Privacy and protection from inquiry by qualified health professionals 34
6464 regarding a resident’s charges, convictions, or duration of sentences unless expressly pertinent to 35
6565 the delivery of care; 36
6666 (5) Freedom from physical restraints while receiving any form of healthcare, 37
6767 unless the treating qualified health professional requests physical restraints to address a specific 38
6868 safety concern; 39
6969 (6) Obtain, at no cost, at the conclusion of a resident’s visit to a qualified health 40
7070 professional providing services outside of a penal institution, copies of all records of the 41
7171 resident’s own diagnoses, test results, treatment instructions, recommendations for further 42
7272 treatment and evaluation, and other documents that a person who is not detained or incarcerated 43
7373 would have a right to obtain from a qualified health professional; 44
7474 (7) Obtain, at no cost, full or partial copies of a resident’s own medical records 45
7575 that are created by or in the possession of either the Department or the entity providing health 46
7676
7777 3
7878
7979 care on behalf of the Department, upon the request of a resident, former resident, or a resident or 47
8080 former resident’s counsel without having to file a request under the District of Columbia 48
8181 Freedom of Information Act, D.C. Code § 2- 531; 49
8282 (8) A reasonable opportunity to discuss with a qualified health professional the 50
8383 benefits and risks of treatment alternatives, including the risks and benefits of forgoing 51
8484 treatment, and guidance about different courses of action; 52
8585 (9) Ask questions about health status or recommended treatment and to have those 53
8686 questions answered by a qualified health professional; 54
8787 (10) Make decisions about the care they receive and have those decisions 55
8888 respected; 56
8989 (11) Be advised of any conflicts of interest a qualified health professional may 57
9090 have with respect to a resident’s care; 58
9191 (12) Obtain a second opinion from a qualified health professional providing 59
9292 services outside of the penal institution in the same or similar specialty within a reasonable 60
9393 amount of time in cases involving a serious risk of death or serious bodily injury; 61
9494 (13) Coordination and integration of the care provided by a resident’s qualified 62
9595 health professionals, including the timely provision of care by a suitable qualified health 63
9696 professional outside of the penal institution as necessary; and 64
9797 (14) Visitation with a resident’s “attorney in fact,” as defined in D.C. Code § 21- 65
9898 2202.1, for the purpose of healthcare decision making, regardless of any Department policy to 66
9999 the contrary; 67
100100 (15) All rights enumerated in the Consumers’ Bill of Rights at D.C. Code § 7- 68
101101 1231.04; 69
102102
103103 4
104104
105105 (16) Communication pursuant to the DC Language Access Act at D.C. Code § 2 70
106106 1901 et seq; and 71
107107 (17) Effective communication pursuant to Title II and Title III of the Americans 72
108108 with Disabilities Act at 42 U.S.C. §§ 12131- 34 and 12181- 89. 73
109109 (b) “Chemical restraint” means a medication that is used in addition to or in place of the 74
110110 resident’s regular, prescribed drug regimen to control extreme behavior during an emergency, 75
111111 but does not include medications that comprise the resident’s regular, prescribed medical 76
112112 regimen and that are part of the resident’s treatment, even if the intended purpose is to control 77
113113 ongoing behavior; 78
114114 (c) “Department” means the Department of Corrections, as defined in D.C. Code § 24- 79
115115 211.01; 80
116116 (d) “Disciplinary housing” means the separation of a resident from other individuals for 81
117117 the purpose of punishing the resident for a violation of the Department’s or penal institution’s 82
118118 rules; 83
119119 (e) “Health care” means any type of care provided by a person licensed under or 84
120120 permitted to practice a health occupation in the District as defined in D.C. Code § 3- 1201 et seq. 85
121121 Healthcare includes medical care, dental care, vision care, psychiatric care, psychological or 86
122122 other treatment for mental or behavioral health conditions, physical therapy, occupational 87
123123 therapy, chronic care, and the provision of medication or medical supplies; 88
124124 (f) “Medical isolation” means the isolation of a resident consistent with a finding by a 89
125125 qualified health professional that the resident has a communicable disease for which the Centers 90
126126 for Disease Control and Prevention recommends or authorizes isolation or quarantine, and that 91
127127 isolation is medically necessary for that resident’s treatment or to protect other residents or staff 92
128128
129129 5
130130
131131 from the communicable disease; 93
132132 (g) “Minimum out- of-cell time” means at least 8 hours daily, between 8 a.m. and 8 p.m., 94
133133 during which a resident is not restricted to their cell and has the opportunity to move around a 95
134134 shared space, interact with other residents in a shared space without barriers or physical or 96
135135 chemical restraints, participate in programming, shower, or go to the commissary, gym, and 97
136136 recreation yard, or participate in other activities normally conducted outside of a resident’s cell; 98
137137 (h) “Penal institution” means any penitentiary, prison, jail, or correctional facility owned, 99
138138 operated, or controlled by the Department; 100
139139 (i) “Physical restraint” means any mechanical device, material, or equipment attached or 101
140140 adjacent to the resident’s body, or any manual method, that the resident cannot easily remove 102
141141 and which restricts their freedom of movement or normal access to their body; 103
142142 (j) “Prolonged confinement” means the denial of minimum out-of-cell time, without a 104
143143 resident’s informed written consent; 105
144144 (k) “Punitive measures” means the loss of any privilege, including video and phone calls, 106
145145 recreation, reading materials, mail, or commissary, that is standardly provided to residents; 107
146146 (l) “Qualified health professional” means a person licensed under or permitted to practice 108
147147 a health occupation in the District as defined by D.C. Code § 3- 1201.08 who is providing 109
148148 services or treatment for which the individual is specifically licensed or is permitted to perform 110
149149 pursuant to D.C. Code § 3- 1201 et seq.; 111
150150 (m) “Resident” means any individual detained or incarcerated at a penal institution; 112
151151 (n) “Safe cell” means a suicide-resistant housing cell designed to prevent a resident from 113
152152 inflicting serious bodily injury upon themselves or used by the Department as a place to hold and 114
153153 continuously monitor residents placed on suicide watch; 115
154154
155155 6
156156
157157 (o) “Serious bodily injury” means a bodily injury or significant bodily injury that 116
158158 involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or 117
159159 impairment of the function of a bodily member or organ, or protracted loss of consciousness; 118
160160 (p) “Suicide precaution” means a measure used to observe a resident who is assessed by a 119
161161 qualified health professional and determined to not be actively suicidal, but expresses suicidal 120
162162 ideation or has a recent prior history of inflicting or attempting to inflict serious bodily injury 121
163163 upon themselves, or a resident who denies suicidal ideation or does not threaten suicide, but 122
164164 demonstrates other concerning behavior indicating the potential for inflicting death or serious 123
165165 bodily injury upon themselves; and 124
166166 (q) “Suicide watch” means a measure used to observe a resident who is assessed by a 125
167167 qualified health professional and determined to be actively suicidal, by either threatening or 126
168168 engaging in inflicting serious bodily injury upon themselves. 127
169169 Sec. 3. Scope. 128
170170 This act shall apply to all residents detained or incarcerated at the Central Detention 129
171171 Facility, the Correctional Treatment Facility, the Central Cell Block, and any other penal 130
172172 institution owned, operated, or controlled by the Department. 131
173173 Sec. 4. Limitations on the Use of Prolonged Confinement. 132
174174 (a) The Department shall provide appropriate healthcare to all residents, including those 133
175175 subject to disciplinary housing, medical isolation, suicide precaution, and suicide watch. 134
176176 (b) Except as provided in subsections (c) and (d) of this section, the Department shall not 135
177177 use or impose any form of prolonged confinement on any resident for any purpose, including 136
178178 discipline, safety, security, administrative convenience, placement on a medical or mental health 137
179179 unit, health care need, or the prevention of suicide or self-harm. 138
180180
181181 7
182182
183183 (c) A resident in medical isolation may be subject to prolonged confinement, but only for 139
184184 the time necessary to ensure the resident is no longer contagious or transmitting a communicable 140
185185 disease. 141
186186 (d) A qualified health professional shall reevaluate whether medical isolation is necessary 142
187187 at an interval in accordance with guidance issued by the Centers for Disease Control and 143
188188 Prevention or, at a minimum, every 24 hours. 144
189189 (e) When a qualified health professional determines the resident is no longer contagious, 145
190190 the resident shall be immediately entitled to minimum out- of-cell time, even if they remain 146
191191 housed in a medical isolation unit. 147
192192 (f) The removal of personal property items from a resident shall be prohibited absent an 148
193193 individualized determination by a qualified health professional that the removal of a particular 149
194194 item is necessary to prevent the transmitting of a communicable disease. 150
195195 (g) A resident placed on suicide watch may be placed in prolonged confinement, subject 151
196196 to the provisions of Section 5 of this Chapter. 152
197197 (h) If the Department takes possession of a resident’s personal property when moving the 153
198198 resident to or from disciplinary housing, the Department shall return all personal property to the 154
199199 resident within 6 hours of taking possession of the property, excluding any contraband as defined 155
200200 in D.C. Code § 22- 2603.02. 156
201201 (i) Punitive measures may only be applied to a resident in response to a disciplinary 157
202202 finding. 158
203203 (j) At intake, and any time a resident is placed in prolonged confinement, medical 159
204204 isolation, disciplinary housing, or under suicide precaution or suicide watch, the Department 160
205205 shall provide the resident educational materials on mental health and substance use disorders, the 161
206206
207207 8
208208
209209 stigma around mental health and substance use disorders, the mental health and substance use 162
210210 disorder treatment options available to residents from the Department, and the law, regulations, 163
211211 and policy statements governing the use of prolonged confinement, medical isolation, 164
212212 disciplinary housing, and suicide precaution or suicide watch. The Department shall make these 165
213213 educational materials available within 2 hours of the intake or placement in written format, both 166
214214 hard copy and electronic, and in video format. These educational materials must comply with the 167
215215 DC Language Access Act at D.C. Code § 2-1901 et seq. 168
216216 (k) The Department shall notify a resident’s counsel of record any time a resident is 169
217217 placed in prolonged confinement, medical isolation, disciplinary housing, or under suicide 170
218218 precaution or suicide watch. If the resident does not have a counsel of record, the Department 171
219219 shall notify the Public Defender Service for the District of Columbia. 172
220220 Sec. 5. Limitations on the use of prolonge d confinement. 173
221221 (a) Department staff shall directly observe a resident on suicide precaution at staggered 174
222222 intervals not to exceed every 15 minutes and document those observations. 175
223223 (b) Department staff shall directly observe a resident on suicide watch continuously and 176
224224 without interruption and document those observations every 15 minutes. 177
225225 (c) Supervision aids, like cameras, can be utilized as a supplement to, but never as a 178
226226 substitute for, direct observation by Department staff of a resident on suicide precaution or 179
227227 suicide watch. 180
228228 (d) A resident on suicide precaution shall never be placed in a safe cell and shall not be 181
229229 subject to prolonged confinement or punitive measures. 182
230230 (e) All residents on suicide precaution or suicide watch shall be entitled to attend all court 183
231231 or parole hearings unless a qualified health practitioner makes a finding that non- attendance is 184
232232
233233 9
234234
235235 immediately necessary to prevent a risk of death or serious bodily injury to the resident or 185
236236 another person. 186
237237 (f) A resident on suicide watch shall reside in the least restrictive setting necessary to 187
238238 reasonably assure the safety of the resident and others, as determined by a qualified health 188
239239 professional, including housing in the general population, mental health unit, or medical 189
240240 infirmary. 190
241241 (g) A resident on suicide watch may be placed in a safe cell only if it is immediately 191
242242 necessary to prevent death or serious bodily injury. 192
243243 (h) A qualified health professional shall directly observe any resident in a safe cell a 193
244244 minimum of every 4 hours and shall formally reassess the resident at least every 24 hours. 194
245245 (i) Removal of a resident’s clothing shall be prohibited absent an individualized 195
246246 determination by a qualified health professional that such removal is necessary to prevent death 196
247247 or serious bodily injury. If the individualized determination to remove a resident’s clothing is 197
248248 made, the resident shall immediately be provided with alternative safe clothing and blanket, and 198
249249 a qualified health professional shall reassess the determination at least every 24 hours. A resident 199
250250 shall never be without the clothing and blankets necessary to provide reasonable privacy and 200
251251 warmth. 201
252252 (j) The Department shall transfer a resident from a safe cell to a local hospital or another 202
253253 appropriate healthcare facility as soon as practicable: 203
254254 (1) Upon a determination by a qualified health care professional that the 204
255255 Department cannot provide the resident with appropriate healthcare; 205
256256 (2) If the resident has been held in a safe cell continuously for 48 hours; or 206
257257 (3) Upon request of the resident. 207
258258
259259 10
260260
261261 (k) The Department shall examine any incident involving a completed suicide and any 208
262262 incident involving a suicide attempt requiring hospitalization through a morbidity and mortality 209
263263 review process, which shall be completed within 30 days of the resident’s death or suicide 210
264264 attempt. 211
265265 (l) The review, separate and apart from other formal investigations that may be required 212
266266 to determine the cause of death, shall include: 213
267267 (1) Review of the circumstances surrounding the incident; 214
268268 (2) Review of procedures relevant to the incident; 215
269269 (3) Review of all relevant training received by involved staff; 216
270270 (4) Review of pertinent healthcare services reports involving the resident; 217
271271 (5) Review of any possible precipitating factors that may have caused the resident 218
272272 to commit suicide or suffer a serious suicide attempt; 219
273273 (6) Recommendations, if any, for changes in policy, training, physical plant, 220
274274 healthcare services, and operational procedures; and 221
275275 (7) A written report detailing the Department’s findings, including whether each 222
276276 recommendation was accepted or rejected and a corrective action plan specifying responsible 223
277277 parties and timetables for completion. 224
278278 (2) Within 5 days of the conclusion of the review process, the Department shall transmit 225
279279 the report to the Mayor, the D.C. Council, and the Corrections Information Council. 226
280280 (3) The Department shall publish on its website written updates on the status of the 227
281281 corrective action plan in 30-day intervals until the plan has been fully implemented. 228
282282 (4) All staff involved in the incident should be offered critical incident stress debriefing. 229
283283 Sec. 6. Plan and report on the e limination of prolonge d confinement 230
284284
285285 11
286286
287287 (a) Within 90 days after the effective date of this act, the Department shall transmit to 231
288288 the Mayor, the Council, and the Corrections Information Council, and publish on its website a 232
289289 written report of its plans to effectuate this act. 233
290290 (b) The report published under subsection (a) of this section shall include: 234
291291 (1) The number of residents who have not received minimum out-of-cell time 235
292292 over the prior 12 months; and 236
293293 (2) The number of residents who have been placed in disciplinary housing, 237
294294 medical isolation, or a safe cell over the prior 12 months. 238
295295 (c) The report published under subsection (a) of this section shall include the following 239
296296 deidentified information about each resident: 240
297297 (1) The cumulative number of days each resident has not received minimum out-241
298298 of-cell time over the prior 12 months; 242
299299 (2) The highest consecutive number of days each resident has not received 243
300300 minimum out- of-cell time over the prior 12 months; 244
301301 (3) The cumulative number of days each resident has been placed in disciplinary 245
302302 housing, medical isolation, or a safe cell over the prior 12 months; 246
303303 (4) The highest consecutive number of days each resident has been placed in 247
304304 disciplinary housing, medical isolation, or a safe cell over the prior 12 months; 248
305305 (5) The basis for denying the resident minimum out- out-of-cell time; 249
306306 (6) The basis for placing the resident in disciplinary housing, medical isolation, or 250
307307 a safe cell, including: 251
308308 (A) The communicable disease that is the basis for medical isolation; and 252
309309 (B) The number of documented assessments made by a qualified health 253
310310
311311 12
312312
313313 professional; 254
314314 (7) The notice and procedures followed before denying the resident minimum out-255
315315 of-cell time; 256
316316 (8) The notice and procedures followed before placing the resident in disciplinary 257
317317 housing, medical isolation, or a safe cell; 258
318318 (9) The timing and plan for restoring the resident’s out-of-cell time and any 259
319319 known barriers to that transition; and 260
320320 (10) The timing and plan for removing the resident from disciplinary housing, 261
321321 medical isolation, or a safe cell, and any known barriers to that transition. 262
322322 (d) Within 180 days after the effective date of this act, the Department shall promulgate 263
323323 regulations and issue policy statements to amend the Department’s processes for and use of 264
324324 prolonged confinement, medical isolation, and safe cells in accordance with this act; 265
325325 (e) Within one year after the effective date of this act, and quarterly thereafter, the 266
326326 Department shall submit to the Mayor, the Council, and the Corrections Information Council, 267
327327 and make available on the Department’s website a written report of its use of prolonged 268
328328 confinement, medical isolation, and safe cells. 269
329329 (f) The reports published under subsection (e) of this section shall include deidentified 270
330330 data on each resident placed in prolonged confinement, broken down by confinement that is the 271
331331 result of medical isolation, a safe cell, or any other reason, for any amount of time during the 272
332332 reporting period. 273
333333 (g) The reports published under subsection (e) of this section shall include: 274
334334 (1) Each resident’s age, sex, gender identity, sexual orientation or other LGBTQ 275
335335 status, race, religion, and ethnicity; 276
336336
337337 13
338338
339339 (2) Whether or not each resident is diagnosed with a serious mental illness, as that 277
340340 term is defined in the current edition of The Diagnostic and Statistical Manual of Mental 278
341341 Disorders; 279
342342 (3) Whether or not each resident is diagnosed with a physical disability, an 280
343343 intellectual or developmental disability, a traumatic brain injury, or any other disability, as 281
344344 defined in 42 U.S.C. § 12102; 282
345345 (4) The location of the prolonged confinement, broken down by unit or type of 283
346346 unit; 284
347347 (5) The highest consecutive number of days that each resident was in prolonged 285
348348 confinement; 286
349349 (6) The cumulative number of days each resident was in prolonged confinement; 287
350350 (7) The reasons each resident was subjected to prolonged confinement; 288
351351 (8) Whether each resident was subject to any type of physical or chemical 289
352352 restraint while in prolonged confinement; and 290
353353 (9) Whether each resident remains in prolonged confinement as of the time the 291
354354 report is finalized. 292
355355 (h) The reports published under subsection (e) of this section shall include data on the 293
356356 filing of grievances by people held in prolonged confinement, medical isolation, or a safe cell, 294
357357 including: 295
358358 (1) The total number of grievances filed, reported by type of grievance; 296
359359 (2) The number of grievances closed during the reporting period, including the 297
360360 reason for closure, and the number of grievances that remain open; and 298
361361 (3) The average number of days from the filing of a grievance to final resolution, 299
362362
363363 14
364364
365365 broken down by Informal Grievance, Formal Grievance, Level 1 Appeal, Level 2 Appeal and 300
366366 Prolonged Confinement Grievance. 301
367367 (i) The reports published under subsection (e) of this section shall include data on assault 302
368368 and self-harm, including: 303
369369 (1) The total number of residents in medical isolation who committed self- harm, 304
370370 attempted or completed suicide, were assaulted by another resident, were subjected to a use of 305
371371 force by a Department employee, or received an incident report or disciplinary infraction, and the 306
372372 type of that infraction; and 307
373373 (2) The total number of residents in a safe cell who committed self-harm, 308
374374 attempted or completed suicide, were assaulted by another resident, were subjected to a use of 309
375375 force by a Department employee, or received an incident report or disciplinary infraction, and the 310
376376 type of that infraction. 311
377377 Sec. 7. Private r ight of action. 312
378378 (a) A resident or former resident may bring a civil action in the Superior Court of the 313
379379 District of Columbia against the District or any agent or employee thereof for violation of this act 314
380380 or of any regulation promulgated or policy statement issued there under. Relief may include: 315
381381 (1) Injunctive relief; 316
382382 (2) Declaratory relief; 317
383383 (3) Liquidated damages of $1000 per each day a resident is unlawfully held in 318
384384 prolonged confinement; 319
385385 (4) Compensatory damages; and 320
386386 (5) Punitive damages. 321
387387 (b) A resident or former resident who prevails in an action under this section shall be 322
388388
389389 15
390390
391391 entitled to fees and costs, including reasonable attorneys’ fees and reasonable expert fees. 323
392392 (c) Notwithstanding any D.C. law, regulation, or policy to the contrary: 324
393393 (1) The requirements of D.C. Code § 12- 309 shall not apply to an action brought 325
394394 under this act; 326
395395 (2) The only administrative remedy available to raise questions of compliance 327
396396 with or treatment under this act shall be filing a Prolonged Confinement Grievance at any time 328
397397 directly with the Director of the Department, which has 5 calendar days to respond; 329
398398 (3) The grievance shall be considered exhausted at the time the Director responds 330
399399 or at the conclusion of 5 calendar days regardless of whether the Director provides a response. 331
400400 (d) The Department shall provide the resident with a grievance form, writing utensils, and 332
401401 access to the Inmate Grievance Procedure mailbox. 333
402402 (e) Failure to provide a resident with a grievance form, writing utensils or access to the 334
403403 grievance mailbox shall effectively render the grievance process unavailable to the resident. 335
404404 (f) In an action under this section, a resident or former resident’s sworn statement 336
405405 including facts that, if true, would be sufficient to show the resident or former resident had either 337
406406 completed the grievance process or that the grievance process was unavailable to that resident, 338
407407 shall create a rebuttable presumption that the grievance process was either completed or 339
408408 unavailable that can only be overcome by clear and convincing evidence. 340
409409 Sec. 8. Fiscal impact statement. 341
410410 The Council adopts the fiscal impact statement in the committee report as the fiscal 342
411411 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 343
412412 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 344
413413 Sec. 9. Effective date. 345
414414
415415 16
416416
417417 This act shall take effect after approval by the Mayor (or in the event of veto by the 346
418418 Mayor, action by the Council to override the veto), a 30- day period of congressional review as 347
419419 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 348
420420 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 349
421421 Columbia Register. 350