Maryland 2023 Regular Session

Maryland House Bill HB385 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0385
6	6
7	7	HOUSE BILL 385
8	8	E5 3lr1202
9	9
10	10	By: Delegate Bartlett
11	11	Introduced and read first time: January 26, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Correctional Services – Restrictive Housing – Limitations 2
19	19	(Maryland Mandela Act) 3
20	20
21	21	FOR the purpose of requiring hearing officers and personnel involved with the supervision 4
22	22	and care of individuals placed in restrictive housing to undergo certain training; 5
23	23	establishing guidelines and procedures for the placement of incarcerated individuals 6
24	24	in certain types of restrictive housing or disciplinary segregation; requiring each 7
25	25	correctional facility to create a monthly report containing certain information about 8
26	26	individuals placed in restrictive housing and to publish the report on the facility’s 9
27	27	website; and generally relating to restrictive housing. 10
28	28
29	29	BY adding to 11
30	30	Article – Correctional Services 12
31	31	Section 9–614.3 and 9–614.4 13
32	32	Annotated Code of Maryland 14
33	33	(2017 Replacement Volume and 2022 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – Correctional Services 17
37	37	Section 9–614(a)(1) 18
38	38	Annotated Code of Maryland 19
39	39	(2017 Replacement Volume and 2022 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Correctional Services 22
43	43	Section 9–614(a)(3) 23
44	44	Annotated Code of Maryland 24
45	45	(2017 Replacement Volume and 2022 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 385
49	49
50	50
51	51
52	52	Article – Correctional Services 1
53	53
54	54	9–614.3. 2
55	55
56	56	(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 3
57	57	IN § 9–614 OF THIS SUBTITLE. 4
58	58
59	59	(B) (1) ALL PERSONNEL INVOLVE D IN THE SUPERVISION AND CARE OF 5
60	60	INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL COMPLETE AT LEAST 40 6
61	61	HOURS OF TRAINING , INCLUDING TRAINING O N TRAUMA–INFORMED CARE , BEFORE 7
62	62	BEING ASSIGNED TO A RESTRICTIVE HOUSING UNIT, AND SHALL RECEIVE AT LEAST 8
63	63	8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 9
64	64
65	65	(2) A HEARING OFFICER SHAL L COMPLETE AT LEAST 40 HOURS OF 10
66	66	TRAINING, INCLUDING TRAINING O N TRAUMA–INFORMED CARE , THE PHYSICAL AND 11
67	67	PSYCHOLOGICAL EFFECT S OF RESTRICTIVE HOU SING, PROCEDURAL AND DUE 12
68	68	PROCESS RIGHTS OF IN CARCERATED INDIVIDUA LS, AND RESTORATIVE JUST ICE 13
69	69	REMEDIES, PRIOR TO PRESIDING O VER ANY HEA RINGS, AND SHALL RECEIVE AT 14
70	70	LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 15
71	71
72	72	(C) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT OVERTIME 16
73	73	COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 17
74	74	TRAINING UNDER THIS SECTION. 18
75	75
76	76	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
77	77	as follows: 20
78	78
79	79	Article – Correctional Services 21
80	80
81	81	9–614. 22
82	82
83	83	(a) (1) In this section the following words have the meanings indicated. 23
84	84
85	85	(3) (i) “Restrictive housing” means [a form of physical separation that 24
86	86	has not been requested by the inmate in which the inmate is placed in a locked room or cell 25
87	87	for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 26
88	88	THAT SEPARATES INCAR CERATED INDIVIDUALS FROM THE GENERAL PRI SON 27
89	89	POPULATION OR THAT I MPOSES RESTRICTIONS ON PROGRAMS , SERVICES, 28
90	90	INTERACTIONS WITH OT HER INCARCERATED IND IVIDUALS, OR OTHER CONDITIONS 29
91	91	OF CONFINEMENT . 30
92	92
93	93	(ii) “Restrictive housing” includes: 31
94	94
95	95	1. administrative segregation [and]; 32 HOUSE BILL 385 3
96	96
97	97
98	98
99	99	2. disciplinary segregation; AND 1
100	100
101	101	3. RESIDENTIAL REHABILI TATION UNITS, IF SEPARATE 2
102	102	HOUSING IS USED FOR THERAPY, TREATMENT , AND REHABILITATIVE 3
103	103	PROGRAMMING . 4
104	104
105	105	(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 5
106	106	PARAGRAPH , “RESTRICTIVE HOUSING ” DOES NOT INCLUDE A R ESIDENTIAL 6
107	107	REHABILITATI ON UNIT. 7
108	108
109	109	9–614.4. 8
110	110
111	111	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
112	112	INDICATED. 10
113	113
114	114	(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 11
115	115	OF RESTRICTIVE HOUSI NG THAT REMOVES AN I NDIVIDUAL FROM THE G ENERAL 12
116	116	POPULATION OF THE CO RRECTIONAL FAC ILITY FOR: 13
117	117
118	118	(I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON S 14
119	119	RESULTING FROM A SUB STANTIAL AND IMMEDIA TE THREAT; OR 15
120	120
121	121	(II) TRANSITIONAL REASONS , INCLUDING A PENDING 16
122	122	TRANSFER, PENDING CLASSIFICATI ON, OR OTHER TEMPORARY A DMINISTRATIVE 17
123	123	MATTER. 18
124	124
125	125	(3) “DISCIPLINARY SEGREGAT ION” MEANS A FORM OF PHYS ICAL 19
126	126	SEPARATION IMPOSED I N RESPONSE TO AN IND IVIDUAL BEING FOUND GUILTY BY A 20
127	127	HEARING OFFICER OF V IOLATING DEPARTMENT RULES , INSTITUTIONAL RULES , OR 21
128	128	BOTH. 22
129	129
130	130	(4) “PROTECTIVE CUSTODY ” MEANS CUSTODIAL COND ITIONS 23
131	131	PROVIDED TO AN INCAR CERATED INDIVIDUAL A T THE REQUEST OF THE 24
132	132	INCARCERATED INDIVID UAL OR THROUGH A STA FF DETERMINATION THA T THE 25
133	133	INCARCERATED INDIVID UAL REQUIRES PROTECT ION. 26
134	134
135	135	(5) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 27
136	136	HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING 28
137	137	AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED IND IVIDUALS 29
138	138	OR FOR INCARCERATED INDIVIDUALS WHO REQU IRE SEPARATE HOUSING 30
139	139	FOLLOWING THEIR PLAC EMENT IN RESTRICTIVE HOUSING. 31
140	140	4 HOUSE BILL 385
141	141
142	142
143	143	(6) “RESTRICTIVE HOUSING ” HAS THE MEANING STATED I N § 9–614 1
144	144	OF THIS SUBTITLE. 2
145	145
146	146	(7) “SERIOUS MENTAL ILLNES S” MEANS A MENTAL DISOR DER THAT: 3
147	147
148	148	(I) IS MANIFEST IN AN IN DIVIDUAL AT LEAST 18 YEARS OLD; 4
149	149
150	150	(II) IS DIAGNOSED , ACCORDING TO A CURRE NT DIAGNOSTIC 5
151	151	CLASSIFICATION SYSTE M RECOGNI ZED BY THE SECRETARY, AS: 6
152	152
153	153	1. SCHIZOPHRENIC DISORD ER; 7
154	154
155	155	2. MAJOR AFFECTIVE DISO RDER; 8
156	156
157	157	3. ANOTHER PSYCHOTIC DI SORDER; OR 9
158	158
159	159	4. BORDERLINE OR SCHIZO TYPAL PERSONALITY 10
160	160	DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS REPEATED 11
161	161	CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT; 12
162	162
163	163	(III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 13
164	164	CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 14
165	165
166	166	(IV) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 15
167	167
168	168	1. INABILITY TO MAINTAI N EMPLOYMENT ; 16
169	169
170	170	2. SOCIAL BEHAVI OR THAT RESULTS IN I NTERVENTIONS 17
171	171	BY THE MENTAL HEALTH SYSTEM; 18
172	172
173	173	3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 19
174	174	SUPPORT LIVING IN TH E COMMUNITY DUE TO C OGNITIVE DISORGANIZA TION; 20
175	175
176	176	4. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 21
177	177	PERSONAL SUPPORT SYS TEM; OR 22
178	178
179	179	5. NEED FOR ASSISTANCE WITH BASIC LIVING SK ILLS. 23
180	180
181	181	(8) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 24
182	182
183	183	(I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 25
184	184
185	185	(II) HAS A DEVELOPMENTAL DISABILITY; 26 HOUSE BILL 385 5
186	186
187	187
188	188
189	189	(III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MEN TAL 1
190	190	ILLNESS; 2
191	191
192	192	(IV) HAS A SERIOUS MEDICA L CONDITION THAT CAN NOT 3
193	193	EFFECTIVELY BE TREAT ED IN ISOLATED CONFI NEMENT; 4
194	194
195	195	(V) IS PREGNANT , IS IN THE POSTPARTUM PERIOD, OR HAS 5
196	196	RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 6
197	197
198	198	(VI) HAS A SIGNIFICANT AU DITORY OR VISUAL IMP AIRMENT; OR 7
199	199
200	200	(VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN , GAY, 8
201	201	BISEXUAL, TRANSGENDER , GENDER NONCONFORMING , OR INTERSEX. 9
202	202
203	203	(B) A VULNERABLE INDIVIDUA L MAY NOT BE PLACED IN RESTRICTIVE 10
204	204	HOUSING. 11
205	205
206	206	(C) AN INDIVIDUAL MAY NOT BE PLA CED IN RESTRICTIVE H OUSING BASED 12
207	207	SOLELY ON: 13
208	208
209	209	(1) CONFIDENTIAL INFORMA TION CONSIDERED BY T HE FACILITY 14
210	210	STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 15
211	211	REQUIRED RECORDS ; 16
212	212
213	213	(2) GANG OR ENEMY AFFILI ATION; OR 17
214	214
215	215	(3) PROTECTION OF THE IND IVIDUAL FROM THE RES T OF THE 18
216	216	DETAINED POPULATION OR A LIKELY ABUSER . 19
217	217
218	218	(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 20
219	219	ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 21
220	220	IS PROVIDED THE FOLL OWING INFORMATI ON, IN A LANGUAGE OR MAN NER THE 22
221	221	INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 23
222	222	PLACEMENT IN RESTRIC TIVE HOUSING: 24
223	223
224	224	(1) NOTICE OF THE FACTS AND CIRCUMSTANCES TH AT LED TO 25
225	225	PLACING THE INDIVIDU AL IN RESTRICTIVE HO USING; 26
226	226
227	227	(2) A STATEMENT THAT A LESS RESTRICTIVE I NTERVENTION WOULD 27
228	228	BE INSUFFICIENT TO R EDUCE RISK; 28
229	229
230	230	(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 29 6 HOUSE BILL 385
231	231
232	232
233	233	THE INDIVIDUAL ; 1
234	234
235	235	(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 2
236	236	ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 3
237	237
238	238	(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 4
239	239	THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 5
240	240	FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 6
241	241	SENSITIVE SECURITY I NFORMATION ; AND 7
242	242
243	243	(6) AN EXPLANATION OF THE PR OCESS TO APPEAL THE INITIAL 8
244	244	PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 9
245	245	RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 10
246	246
247	247	(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVI DED THE 11
248	248	OPPORTUNITY TO CONTE ST THE RESTRICTIVE HOUSI NG PLACEMENT IN AN 12
249	249	ADMINISTRATIVE HEARI NG WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 13
250	250	EVERY 15 DAYS THEREAFTER , IN THE ABSENCE OF EX CEPTIONAL CIRCUMSTAN CES, 14
251	251	UNAVOIDABLE DELAYS , OR REASONABLE POSTPO NEMENTS. 15
252	252
253	253	(2) THE INCARCERATED INDI VIDUAL SHALL HAVE THE RIGHT TO 16
254	254	APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 17
255	255	INDIVIDUAL’S CHOOSING AND AT TH E INDIVIDUAL ’S OWN EXPENSE AT ALL 18
256	256	HEARINGS CONDUCTED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 19
257	257
258	258	(3) IF AN INDIVIDUAL IS P LACED IN RESTR ICTIVE HOUSING DUE T O 20
259	259	EMERGENCY CIRCUMSTAN CES, A REVIEW HEARING SHA LL BE CONDUCTED AS S OON 21
260	260	AS POSSIBLE AFTER TH E INITIAL PLACEMENT . 22
261	261
262	262	(F) (1) IF AN INDIVIDUAL IN R ESTRICTIVE HOUSING D ISPUTES A 23
263	263	DECISION MADE BY A F ACILITY STAFF MEMBER OR FACILITY MEDICAL 24
264	264	PROFESSIONAL REGARDING THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 25
265	265	INDIVIDUAL, THE INDIVIDUAL MAY R EQUEST AND RECEIVE A SECONDARY REVIEW 26
266	266	OF THE DETERMINATION BY THE MANAGING OFFI CIAL OR CHIEF PHYSIC IAN, AS 27
267	267	APPROPRIATE . 28
268	268
269	269	(2) AN INCARCERATED INDIV IDUAL MAY NOT B E PLACED OR 29
270	270	RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 30
271	271	PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIA L OR CHIEF 31
272	272	PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 32
273	273	FOR CONFINEMENT . 33
274	274
275	275	(G) (1) AN INCARCER ATED INDIVIDUAL MAY NOT BE SUBJECT TO 34 HOUSE BILL 385 7
276	276
277	277
278	278	ADMINISTRATIVE SEGRE GATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 1
279	279
280	280	(2) (I) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 2
281	281	RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNL ESS THE 3
282	282	COMMISSIONER OF CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A 4
283	283	WRITTEN DECISION , FOLLOWING AN EVIDENT IARY HEARING, THAT STATES BASED 5
284	284	ON SPECIFIC OBJECTIV E CRITERIA THAT: 6
285	285
286	286	1. THE INCARCERATED IND IVIDUAL: 7
287	287
288	288	A. COMMITTED AN ACT CAU SING SERIOUS INJURY TO OR 8
289	289	DEATH OF ANOTHER; 9
290	290
291	291	B. COMMITTED SEXUAL ASS AULT; 10
292	292
293	293	C. COMMITTED EXTORTION ; 11
294	294
295	295	D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 12
296	296	VIOLATE RULES OF THE FACILITY; 13
297	297
298	298	E. LED OR INCITED A RIO T; OR 14
299	299
300	300	F. PROCURED DEADLY WEAP ONS OR OTHER 15
301	301	CONTRABAND THAT POSE A SERIOUS THREAT TO SE CURITY; AND 16
302	302
303	303	2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 17
304	304	PLACEMENT IN THE GEN ERAL POPULATION WOUL D CREATE A SIGNIFICA NT RISK OF 18
305	305	IMMINENT SERIOUS PHY SICAL INJURY. 19
306	306
307	307	(II) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 20
308	308	RESTRICTIVE HOUSING FOR MORE THA N 60 DAYS IN A 365–DAY PERIOD. 21
309	309
310	310	(H) (1) AN INCARCERATED INDIV IDUAL WHO HAS BEEN F OUND GUILTY 22
311	311	OF AN INFRACTION THA T IS INCLUDED IN ANY INFRACTION CATEGORY OTHER THAN 23
312	312	THE MOST SERIOUS CAT EGORY MAY NOT BE SUB JECT TO MORE THAN A VERBAL 24
313	313	WARNING FOR A FIRST IN FRACTION. 25
314	314
315	315	(2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLIN ARY 26
316	316	SEGREGATION ONLY IF THE INDIVIDUAL IS FO UND GUILTY OF AN INF RACTION THAT 27
317	317	IS INCLUDED IN THE M OST SERIOUS INFRACTI ON CATEGORY . 28
318	318
319	319	(II) FOR A FIRST INFRACTIO N INCLUDED IN THE MOST SERIOUS 29
320	320	INFRACTION CATEGORY , AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE THAN 15 30 8 HOUSE BILL 385
321	321
322	322
323	323	DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 1
324	324
325	325	(III) FOR A SECOND INFRACTI ON INCLUDED IN THE M OST 2
326	326	SERIOUS INFRACTION C ATEGORY, AN INDIVIDUAL MAY NO T BE SUBJECT TO M ORE 3
327	327	THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 4
328	328
329	329	(IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATI VE 5
330	330	SEGREGATION FOR AN I NVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 6
331	331	DURING THE INVESTIGA TION OF AN INFRACTIO N INCLUDED IN THE MO ST SERIOUS 7
332	332	INFRACTION CATEGORY ALLEG EDLY COMMITTED BY TH E INDIVIDUAL , THE 8
333	333	CUMULATIVE TIME THAT THE INDIVIDUAL MAY B E HELD IN BOTH ADMIN ISTRATIVE 9
334	334	AND DISCIPLINARY SEG REGATION MAY NOT EXC EED 15 DAYS FOR A FIRST 10
335	335	INFRACTION AND 30 DAYS FOR A SECOND IN FRACTION. 11
336	336
337	337	(I) (1) AN INCARCERATED INDIVIDUA L IN RESTRICTIVE HOU SING SHALL 12
338	338	BE PROVIDED WITH WEE KLY COMPREHENSIVE PH YSICAL AND MENTAL HE ALTH 13
339	339	ASSESSMENTS BY A MUL TIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 14
340	340
341	341	(I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 15
342	342
343	343	(II) AT LEAST ONE MEDICAL PR OFESSIONAL; AND 16
344	344
345	345	(III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 17
346	346	FACILITY. 18
347	347
348	348	(2) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 19
349	349	BE PROVIDED WITH THE SAME SERVICES AND AC CESS THAT IS PROVIDE D TO 20
350	350	INCARCERATED INDIVID UALS NOT IN RESTRICTIVE HO USING, INCLUDING: 21
351	351
352	352	(I) NO LIMITATIONS ON SE RVICES, TREATMENTS , OR BASIC 22
353	353	NEEDS SUCH AS FOOD , CLOTHING, AND BEDDING ; 23
354	354
355	355	(II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 24
356	356	PUNISHMENT ; 25
357	357
358	358	(III) ACCESS TO CASE MANAG EMENT, CLERGY, AND MENTAL 26
359	359	HEALTH PROFESSIONALS ; AND 27
360	360
361	361	(IV) MAXIMIZED ACCESS TO RECREATION , EDUCATION, READING 28
362	362	MATERIALS, AND PROGRAMMING . 29
363	363
364	364	(3) AN INCARCERATED INDIV IDUAL SHALL BE OFFER ED 30
365	365	PROGRAMMING LED BY P ROGRAM OR THERAPEUTI C STAFF COMPARABLE T O THE 31 HOUSE BILL 385 9
366	366
367	367
368	368	PROGRAMMING OFFER ED TO INCARCERATED I NDIVIDUALS NOT IN RE STRICTIVE 1
369	369	HOUSING. 2
370	370
371	371	(4) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 3
372	372	SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 4
373	373	INCLUDING AT LEAST 1 HOUR FOR RECREATION . 5
374	374
375	375	(II) 1. EXCEPT AS PR OVIDED IN SUBSUBPARA GRAPH 2 OF 6
376	376	THIS SUBPARAGRAPH , OUT–OF–CELL TIME MAY INCLUD E PEER–LED PROGRAMS , 7
377	377	TIME IN A DAY ROOM O R RECREATION AREA WI TH OTHER INDIVIDUALS , 8
378	378	CONGREGATE MEALS , VOLUNTEER PROGRAMS , OR OTHER CONGREGATE 9
379	379	ACTIVITIES. 10
380	380
381	381	2. IF THE FACILITY AD MINISTRATOR OR MEDIC AL OR 11
382	382	MENTAL HEALTH PROFES SIONAL DETERMINES TH AT AN INDIVIDUAL POS ES AN 12
383	383	EXTRAORDINARY AND UN ACCEPTABLE RISK OF I MMINENT PHYSICAL HAR M TO THE 13
384	384	SAFETY OR SECURITY O F OTHER INCARCERATED INDIVIDUALS OR STAFF , THE 14
385	385	FACILITY SHALL PROVI DE THE INDIVIDUAL WITH THE R EQUIRED OUT –OF–CELL 15
386	386	TIME IN AN APPROPRIA TE MANNER THAT PROVI DES ACCESS TO STAFF –BASED 16
387	387	PROGRAMMING AND CONT ACT WITH PERSONS OTH ER THAN CORRECTIONAL 17
388	388	FACILITY STAFF. 18
389	389
390	390	3. A FACILITY SHALL DOCUM ENT ANY PROGRAM 19
391	391	RESTRICTIONS IT IMPO SES IN WRITING, INCLUDING THE BASIS FOR LIMITING 20
392	392	ACCESS TO CONGREGATE PROGRAMMING AND A DE SCRIPTION OF WHY THE 21
393	393	INDIVIDUAL CURRENTLY POSES AN EXTRAORDINA RY AND UNACCEPTABLE RISK OF 22
394	394	IMMINENT PHYSICAL HA RM TO THE SAFETY OR SECURITY OF INCARCER ATED 23
395	395	PERSONS OR STAFF A ND PROVIDE A COPY TO THE INCARCERATED IND IVIDUAL. 24
396	396
397	397	(III) A FACILITY MAY NOT CON DUCT OUT –OF–CELL 25
398	398	PROGRAMMING OPPORTUN ITIES IN A SMALLER C AGE OR THERAPY MODUL E. 26
399	399
400	400	(IV) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 27
401	401	MAY NOT BE CONSIDERE D OUT–OF–CELL PROGRAMMING . 28
402	402
403	403	(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
404	404	FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL 30
405	405	INVOLUNTARILY PLACED IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 31
406	406
407	407	(2) IF AN INDIVIDUAL INVO LUNTARILY PL ACED IN RESTRICTIVE 32
408	408	HOUSING IS DEMONSTRA TING UNUSUAL BEHAVIO R OR HAS INDICATED S UICIDALITY 33
409	409	OR SELF–HARM, THE FACILITY SHALL M ONITOR THE INDIVIDUA L EVERY 15 34
410	410	MINUTES, OR MORE FREQUENTLY I F RECOMMENDED BY A M EDICAL OR MENTAL 35 10 HOUSE BILL 385
411	411
412	412
413	413	HEALTH PROFESSIONAL . 1
414	414
415	415	(3) AN INDIVIDUAL INVOLUNTARIL Y PLACED IN RESTRICT IVE 2
416	416	HOUSING SHALL BE ASS ESSED BY A MEDICAL O R MENTAL HEALTH PROF ESSIONAL 3
417	417	WITHIN 24 HOURS OF PLACEMENT A ND BY A MENTAL HEALT H PROFESSIONAL EVERY 4
418	418	48 HOURS THEREAFTER . 5
419	419
420	420	(K) RESTRAINTS MAY NOT BE USED ON AN INCARCERA TED INDIVIDUAL 6
421	421	PLACED IN RESTRICTIV E HOUSING, IN THE PROCESS OF BE ING PLACED IN OR 7
422	422	RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 8
423	423	OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 9
424	424	OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 10
425	425	RESTRAINTS ARE REQUI RED DUE TO AN EXTRAO RDINARY AND UNACCEPT ABLE RISK 11
426	426	OF IMMINENT PHYSICAL HARM TO THE SAFETY O R SECURITY OF INCARC ERATED 12
427	427	INDIVIDUALS OR STAFF . 13
428	428
429	429	(L) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEGREGATED 14
430	430	HOUSING FOR MEDICAL PURPO SES, SUBJECT TO THE FOLLO WING LIMITATIONS : 15
431	431
432	432	(I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 16
433	433	FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 17
434	434	INFECTION; 18
435	435
436	436	(II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 19
437	437	FEDERAL PUBLIC HEALTH GUIDAN CE; AND 20
438	438
439	439	(III) A LICENSED PHYSICIAN OR NURSE PRACTITIONE R HAS 21
440	440	PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 22
441	441
442	442	(2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 23
443	443	HOUSING FOR MEDICAL PURPOSES SHALL BE AL LOWED TO PARTICIPATE IN 24
444	444	PROGRAM S AND SERVICES , SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 25
445	445	SECURITY OF THE INDI VIDUAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 26
446	446	STAFF, VISITORS, AND THE PUBLIC . 27
447	447
448	448	(M) (1) IF AN INCARCERATED IN DIVIDUAL FEARS FOR T HE INDIVIDUAL’S 28
449	449	SAFETY, THE FACILITY SHALL TRANSFER THE INDIVID UAL TO MORE APPROPRI ATE 29
450	450	HOUSING OTHER THAN R ESTRICTIVE HOUSING , INCLUDING A SINGLE C ELL, A 30
451	451	DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 31
452	452
453	453	(2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSI NG UNDER 32
454	454	PARAGRAPH (1) OF THIS SUBS ECTION SHALL BE GRAN TED FULL ACCESS TO 33
455	455	OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 34 HOUSE BILL 385 11
456	456
457	457
458	458	REST OF THE DETAINED POPULATION . 1
459	459
460	460	(N) THE DECISION TO REMOV E ANY PERSONAL ITEMS FROM AN 2
461	461	INCARCERATED INDIVID UAL PLACED IN RESTRI CTIVE HOUSING OR RES TRICT THE 3
462	462	INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 4
463	463	SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANA GING 5
464	464	OFFICIAL BEFORE THE INCARCERATED INDIVID UAL’S MOVE TO RESTRICTIV E 6
465	465	HOUSING OR AS SOON A S POSSIBLE AFTER . 7
466	466
467	467	(O) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N ADMINISTRATIVE 8
468	468	SEGREGATION OR PROTE CTIVE CUSTODY MAY NO T BE NOTED IN THE 9
469	469	INCARCERATED INDIVID UAL’S BASE FILE OR INSTI TUTIONAL RECORD IF T HE 10
470	470	NOTATION WOULD SERVE TO INTERRUPT THE INC ARCERATED INDIVIDUAL ’S 11
471	471	PROGRAMMING ELIGIBILITY , PAROLE CONSIDERATION S, SECURITY STATUS 12
472	472	CHANGES, OR OTHER OPPORTUNITI ES. 13
473	473
474	474	(P) (1) EACH CORRECTIONAL FAC ILITY SHALL CREATE A MONTHLY 14
475	475	REPORT STATING THE T OTAL NUMBER OF INDIV IDUALS HELD IN RESTR ICTIVE 15
476	476	HOUSING IN THE PRECE DING MONTH , THE LENGTH OF TIME THOSE INDIVIDUALS 16
477	477	HAVE BEEN HELD IN RE STRICTIVE HOUSING , AND DEMOGRAPHIC INFO RMATION 17
478	478	FOR THOSE INDIVIDUAL S, INCLUDING AGE , RACE, AND GENDER . 18
479	479
480	480	(2) A CORRECTIONAL FACILIT Y SHALL POST THE REP ORTS 19
481	481	REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTIO N TO THE CORRECTIONA L 20
482	482	FACILITY’S WEBSITE. 21
483	483
484	484	(Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 22
485	485	REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 23
486	486	STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 24
487	487
488	488	(1) IMPROVE THE CONDITIONS OF CO NFINEMENT IN RESTRIC TIVE 25
489	489	HOUSING BY ALLOWING OPPORTUNITIES FOR OU T–OF–CELL TIME AND 26
490	490	CONGREGATE ACTIVITY , PROVIDING INCARCERAT ED INDIVIDUALS IN RE STRICTIVE 27
491	491	HOUSING DAILY OUTDOO R RECREATION TIME , AND CREATING MORE 28
492	492	OPPORTUNITIES FOR PR ODUCTIVE IN–CELL ACTIVITIES; 29
493	493
494	494	(2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 30
495	495	DISCIPLINARY SANCTIO NS; 31
496	496
497	497	(3) ELIMINATE RESTRICTIV E HOUSING SANCTIONS FOR MINOR 32
498	498	VIOLATIONS; 33
499	499
500	500	(4) CREATE DE–ESCALATION SPACES AN D ESTABLISH A SYSTEM THAT 34 12 HOUSE BILL 385
501	501
502	502
503	503	ALLOWS INCARCER ATED INDIVIDUALS IN RESTRICTIVE HOUSING TO ACCESS THOSE 1
504	504	SPACES FOR MEANINGFU L PERIODS OF TIME ; 2
505	505
506	506	(5) CREATE, IN COORDINATION WITH EACH INCARCERATED 3
507	507	INDIVIDUAL ENTERING RESTRICTIVE HOUSING , STRATEGIES DESIGNED TO RETURN 4
508	508	THE INDIVIDUAL TO TH E GENERAL POPULA TION IN THE LEAST AM OUNT OF TIME ; 5
509	509	AND 6
510	510
511	511	(6) AMEND POLICIES TO SP ECIFY THAT DISCIPLIN ARY SEGREGATION 7
512	512	IS A SANCTION OF LAS T RESORT. 8
513	513
514	514	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
515	515	effect January 1, 2024. 10
516	516
517	517	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 11
518	518	3 of this Act, this Act shall take effect October 1, 2023. 12
519	519