HLS 21RS-375 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 68
BY REPRESENTATIVE LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONS: Provides relative to restricting solitary confinement
1 AN ACT
2To amend and reenact R.S. 15:865, relative to solitary confinement; to regulate the use of
3 solitary confinement for certain persons; to provide definitions; to provide relative
4 to staff training; to provide technical changes; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:865 is hereby amended and reenacted to read as follows:
7 ยง865. Solitary confinement abolished
8 A. As used in this Section, the following terms shall have the following
9 meanings:
10 (1) "Department" shall mean the Department of Public Safety and
11 Corrections.
12 (2) "Healthcare provider" has the same meaning as defined in R.S. 22:1831.
13 Healthcare provider shall not include any physician or other healthcare practitioner
14 who has a restricted, suspended, or revoked license as described in R.S. 37:1285.
15 (3) "Solitary confinement" means any form of disciplinary, preventative, or
16 administrative housing or segregation that limits meaningful access to social
17 interaction, counseling, medical care, visitation, outdoor recreation, or other
18 therapeutic programming in a manner more restrictive than for the general
19 population.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-375 ORIGINAL
HB NO. 68
1 A.B.(1) Except as provided in Subsections B and C Paragraph (2) of this
2 Section Subsection, no prisoner in the state penitentiary housed in facilities owned
3 by the department or in private correctional institutions housing individuals serving
4 sentences at hard labor shall be placed in solitary confinement, except in enforcing
5 obedience to the police regulations of the penitentiary department or facility where
6 housed.
7 B.(2) Notwithstanding Subsection A Paragraph (1) of this Section
8 Subsection and except as provided in Subsection C Paragraph (3) of this Section
9 Subsection, no prisoner in any penal or correctional institution who is pregnant, or
10 is less than eight weeks post medical release following a pregnancy, or is caring for
11 a child in a penal or correctional institution shall be placed in solitary confinement.
12 who has any of the following conditions:
13 (a) Is pregnant, or is less than eight weeks post-medical release following a
14 pregnancy, or is caring for a child in a penal or correctional institution.
15 (b) Has been diagnosed by a healthcare provider at intake, or in the previous
16 five years, or at any time during incarceration, with a Level 1, Level 2, or Level 3
17 mental health classification as provided for in the policies, rules, and regulations
18 promulgated by the department.
19 (c) Has, or had a record of, mental impairment that substantially limits one
20 or more major life activities as defined under the Americans with Disabilities Act (42
21 U.S.C. 12102).
22 C.(3) The provisions of this Section prohibiting the placement of prisoners
23 in solitary confinement do not apply under either of the following circumstances:
24 (1)(a) The prisoner has engaged in an act of violence while incarcerated that
25 either resulted in or was likely to result in serious bodily injury or death to another.
26 (2)(b) There is reasonable cause to believe that the use of solitary
27 confinement is necessary to reduce a substantial risk of imminent serious bodily
28 injury or death to another, as evidenced by the prisoner's recent conduct while
29 incarcerated.
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HB NO. 68
1 C.(1) The department shall ensure that the curriculum for new corrections
2 officers, other new department staff, or staff of any facility who contracts with the
3 department and will regularly work in programs providing mental health treatment
4 for prisoners, shall include at least eight hours of training about the types and
5 symptoms of mental illnesses, the goals of mental health treatment, the consequences
6 of untreated mental illness, the side effects of psychiatric medications, the prevention
7 of suicide, and training in how to effectively and safely de-escalate and manage
8 prisoners with mental illness.
9 (2) All department staff and the staff of any facility who contracts with the
10 department and has direct prisoner contact shall receive training each year regarding
11 identification of, and care for, prisoners with mental illnesses.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 68 Original 2021 Regular Session Landry
Abstract: Provides relative to the prohibition on the use of solitary confinement for certain
persons, provides for definitions, and requires specific mental illness training for
certain persons.
Present law provides that no prisoner in the state penitentiary shall be placed in solitary
confinement except in enforcing obedience to the police regulations of the penitentiary.
Present law further provides that, except as otherwise provided by present law, no prisoner
in any penal or correctional institution who is pregnant, is less than eight weeks post-medical
release following a pregnancy, or is caring for a child in a penal or correctional institution
shall be placed in solitary confinement.
Present law provides that the provisions of present law prohibiting the placement of
prisoners in solitary confinement do not apply under either of the following circumstances:
(1)The prisoner has engaged in an act of violence while incarcerated that either resulted
in or was likely to result in serious bodily injury or death to another.
(2)There is reasonable cause to believe that the use of solitary confinement is necessary
to reduce a substantial risk of imminent serious bodily injury or death to another, as
evidenced by the prisoner's recent conduct while incarcerated.
Proposed law retains present law.
Proposed law defines "department" as the Department of Public Safety and Corrections.
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HB NO. 68
Proposed law defines "healthcare provider" as having the same meaning as defined in R.S.
22:1831 and that healthcare provider shall not include any physician or other healthcare
practitioner who has a restricted, suspended, or revoked license as described in R.S. 37:1285.
Proposed law defines "solitary confinement" as any form of housing, segregation, or both
that limits meaningful access to social interaction, counseling, medical care, visitation,
outdoor recreation, or other therapeutic programming in a manner more restrictive than for
the general population and includes but is not limited to disciplinary, preventative, and
administrative housing, segregation, or both.
Proposed law makes present law applicable to private correctional institutions as well as
facilities owned by the department.
Proposed law expands present law restrictions on the use of solitary confinement to include
that persons with the following conditions shall not be placed in solitary confinement:
(1)Persons who have been diagnosed by a healthcare provider at intake, or in the
previous five years, or at any time during incarceration, with a Level 1, Level 2, or
Level 3 mental health classification as provided for in the policies, rules, and
regulations promulgated by the department.
(2)Persons who have, or had a record of, mental impairment that substantially limits one
or more major life activities as defined under the Americans with Disabilities Act (42
U.S.C. 12102).
Proposed law requires the department to ensure that the curriculum for new corrections
officers, other new department staff, or staff of any facility who contracts with the
department and regularly works in programs providing mental health treatment for prisoners
shall include at least eight hours of training regarding mental illness and mental illness with
regard to the prisoners.
Proposed law further requires that all department staff and the staff of any facility who
contracts with the department who has direct prisoner contact shall receive annual training
regarding mental illness.
(Amends R.S. 15:865)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.