EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0385*
HOUSE BILL 385
E5 3lr1202
By: Delegate Bartlett
Introduced and read first time: January 26, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Restrictive Housing – Limitations 2
(Maryland Mandela Act) 3
FOR the purpose of requiring hearing officers and personnel involved with the supervision 4
and care of individuals placed in restrictive housing to undergo certain training; 5
establishing guidelines and procedures for the placement of incarcerated individuals 6
in certain types of restrictive housing or disciplinary segregation; requiring each 7
correctional facility to create a monthly report containing certain information about 8
individuals placed in restrictive housing and to publish the report on the facility’s 9
website; and generally relating to restrictive housing. 10
BY adding to 11
Article – Correctional Services 12
Section 9–614.3 and 9–614.4 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Correctional Services 17
Section 9–614(a)(1) 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Correctional Services 22
Section 9–614(a)(3) 23
Annotated Code of Maryland 24
(2017 Replacement Volume and 2022 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 HOUSE BILL 385
Article – Correctional Services 1
9–614.3. 2
(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 3
IN § 9–614 OF THIS SUBTITLE. 4
(B) (1) ALL PERSONNEL INVOLVE D IN THE SUPERVISION AND CARE OF 5
INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL COMPLETE AT LEAST 40 6
HOURS OF TRAINING , INCLUDING TRAINING O N TRAUMA–INFORMED CARE , BEFORE 7
BEING ASSIGNED TO A RESTRICTIVE HOUSING UNIT, AND SHALL RECEIVE AT LEAST 8
8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 9
(2) A HEARING OFFICER SHAL L COMPLETE AT LEAST 40 HOURS OF 10
TRAINING, INCLUDING TRAINING O N TRAUMA–INFORMED CARE , THE PHYSICAL AND 11
PSYCHOLOGICAL EFFECT S OF RESTRICTIVE HOU SING, PROCEDURAL AND DUE 12
PROCESS RIGHTS OF IN CARCERATED INDIVIDUA LS, AND RESTORATIVE JUST ICE 13
REMEDIES, PRIOR TO PRESIDING O VER ANY HEA RINGS, AND SHALL RECEIVE AT 14
LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 15
(C) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT OVERTIME 16
COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 17
TRAINING UNDER THIS SECTION. 18
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20
Article – Correctional Services 21
9–614. 22
(a) (1) In this section the following words have the meanings indicated. 23
(3) (i) “Restrictive housing” means [a form of physical separation that 24
has not been requested by the inmate in which the inmate is placed in a locked room or cell 25
for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 26
THAT SEPARATES INCAR CERATED INDIVIDUALS FROM THE GENERAL PRI SON 27
POPULATION OR THAT I MPOSES RESTRICTIONS ON PROGRAMS , SERVICES, 28
INTERACTIONS WITH OT HER INCARCERATED IND IVIDUALS, OR OTHER CONDITIONS 29
OF CONFINEMENT . 30
(ii) “Restrictive housing” includes: 31
1. administrative segregation [and]; 32 HOUSE BILL 385 3
2. disciplinary segregation; AND 1
3. RESIDENTIAL REHABILI TATION UNITS, IF SEPARATE 2
HOUSING IS USED FOR THERAPY, TREATMENT , AND REHABILITATIVE 3
PROGRAMMING . 4
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 5
PARAGRAPH , “RESTRICTIVE HOUSING ” DOES NOT INCLUDE A R ESIDENTIAL 6
REHABILITATI ON UNIT. 7
9–614.4. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 11
OF RESTRICTIVE HOUSI NG THAT REMOVES AN I NDIVIDUAL FROM THE G ENERAL 12
POPULATION OF THE CO RRECTIONAL FAC ILITY FOR: 13
(I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON S 14
RESULTING FROM A SUB STANTIAL AND IMMEDIA TE THREAT; OR 15
(II) TRANSITIONAL REASONS , INCLUDING A PENDING 16
TRANSFER, PENDING CLASSIFICATI ON, OR OTHER TEMPORARY A DMINISTRATIVE 17
MATTER. 18
(3) “DISCIPLINARY SEGREGAT ION” MEANS A FORM OF PHYS ICAL 19
SEPARATION IMPOSED I N RESPONSE TO AN IND IVIDUAL BEING FOUND GUILTY BY A 20
HEARING OFFICER OF V IOLATING DEPARTMENT RULES , INSTITUTIONAL RULES , OR 21
BOTH. 22
(4) “PROTECTIVE CUSTODY ” MEANS CUSTODIAL COND ITIONS 23
PROVIDED TO AN INCAR CERATED INDIVIDUAL A T THE REQUEST OF THE 24
INCARCERATED INDIVID UAL OR THROUGH A STA FF DETERMINATION THA T THE 25
INCARCERATED INDIVID UAL REQUIRES PROTECT ION. 26
(5) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 27
HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING 28
AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED IND IVIDUALS 29
OR FOR INCARCERATED INDIVIDUALS WHO REQU IRE SEPARATE HOUSING 30
FOLLOWING THEIR PLAC EMENT IN RESTRICTIVE HOUSING. 31
4 HOUSE BILL 385
(6) “RESTRICTIVE HOUSING ” HAS THE MEANING STATED I N § 9–614 1
OF THIS SUBTITLE. 2
(7) “SERIOUS MENTAL ILLNES S” MEANS A MENTAL DISOR DER THAT: 3
(I) IS MANIFEST IN AN IN DIVIDUAL AT LEAST 18 YEARS OLD; 4
(II) IS DIAGNOSED , ACCORDING TO A CURRE NT DIAGNOSTIC 5
CLASSIFICATION SYSTE M RECOGNI ZED BY THE SECRETARY, AS: 6
1. SCHIZOPHRENIC DISORD ER; 7
2. MAJOR AFFECTIVE DISO RDER; 8
3. ANOTHER PSYCHOTIC DI SORDER; OR 9
4. BORDERLINE OR SCHIZO TYPAL PERSONALITY 10
DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS REPEATED 11
CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT; 12
(III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 13
CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 14
(IV) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 15
1. INABILITY TO MAINTAI N EMPLOYMENT ; 16
2. SOCIAL BEHAVI OR THAT RESULTS IN I NTERVENTIONS 17
BY THE MENTAL HEALTH SYSTEM; 18
3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 19
SUPPORT LIVING IN TH E COMMUNITY DUE TO C OGNITIVE DISORGANIZA TION; 20
4. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 21
PERSONAL SUPPORT SYS TEM; OR 22
5. NEED FOR ASSISTANCE WITH BASIC LIVING SK ILLS. 23
(8) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 24
(I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 25
(II) HAS A DEVELOPMENTAL DISABILITY; 26 HOUSE BILL 385 5
(III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MEN TAL 1
ILLNESS; 2
(IV) HAS A SERIOUS MEDICA L CONDITION THAT CAN NOT 3
EFFECTIVELY BE TREAT ED IN ISOLATED CONFI NEMENT; 4
(V) IS PREGNANT , IS IN THE POSTPARTUM PERIOD, OR HAS 5
RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 6
(VI) HAS A SIGNIFICANT AU DITORY OR VISUAL IMP AIRMENT; OR 7
(VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN , GAY, 8
BISEXUAL, TRANSGENDER , GENDER NONCONFORMING , OR INTERSEX. 9
(B) A VULNERABLE INDIVIDUA L MAY NOT BE PLACED IN RESTRICTIVE 10
HOUSING. 11
(C) AN INDIVIDUAL MAY NOT BE PLA CED IN RESTRICTIVE H OUSING BASED 12
SOLELY ON: 13
(1) CONFIDENTIAL INFORMA TION CONSIDERED BY T HE FACILITY 14
STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 15
REQUIRED RECORDS ; 16
(2) GANG OR ENEMY AFFILI ATION; OR 17
(3) PROTECTION OF THE IND IVIDUAL FROM THE RES T OF THE 18
DETAINED POPULATION OR A LIKELY ABUSER . 19
(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 20
ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 21
IS PROVIDED THE FOLL OWING INFORMATI ON, IN A LANGUAGE OR MAN NER THE 22
INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 23
PLACEMENT IN RESTRIC TIVE HOUSING: 24
(1) NOTICE OF THE FACTS AND CIRCUMSTANCES TH AT LED TO 25
PLACING THE INDIVIDU AL IN RESTRICTIVE HO USING; 26
(2) A STATEMENT THAT A LESS RESTRICTIVE I NTERVENTION WOULD 27
BE INSUFFICIENT TO R EDUCE RISK; 28
(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 29 6 HOUSE BILL 385
THE INDIVIDUAL ; 1
(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 2
ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 3
(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 4
THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 5
FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 6
SENSITIVE SECURITY I NFORMATION ; AND 7
(6) AN EXPLANATION OF THE PR OCESS TO APPEAL THE INITIAL 8
PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 9
RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 10
(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVI DED THE 11
OPPORTUNITY TO CONTE ST THE RESTRICTIVE HOUSI NG PLACEMENT IN AN 12
ADMINISTRATIVE HEARI NG WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 13
EVERY 15 DAYS THEREAFTER , IN THE ABSENCE OF EX CEPTIONAL CIRCUMSTAN CES, 14
UNAVOIDABLE DELAYS , OR REASONABLE POSTPO NEMENTS. 15
(2) THE INCARCERATED INDI VIDUAL SHALL HAVE THE RIGHT TO 16
APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 17
INDIVIDUAL’S CHOOSING AND AT TH E INDIVIDUAL ’S OWN EXPENSE AT ALL 18
HEARINGS CONDUCTED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 19
(3) IF AN INDIVIDUAL IS P LACED IN RESTR ICTIVE HOUSING DUE T O 20
EMERGENCY CIRCUMSTAN CES, A REVIEW HEARING SHA LL BE CONDUCTED AS S OON 21
AS POSSIBLE AFTER TH E INITIAL PLACEMENT . 22
(F) (1) IF AN INDIVIDUAL IN R ESTRICTIVE HOUSING D ISPUTES A 23
DECISION MADE BY A F ACILITY STAFF MEMBER OR FACILITY MEDICAL 24
PROFESSIONAL REGARDING THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 25
INDIVIDUAL, THE INDIVIDUAL MAY R EQUEST AND RECEIVE A SECONDARY REVIEW 26
OF THE DETERMINATION BY THE MANAGING OFFI CIAL OR CHIEF PHYSIC IAN, AS 27
APPROPRIATE . 28
(2) AN INCARCERATED INDIV IDUAL MAY NOT B E PLACED OR 29
RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 30
PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIA L OR CHIEF 31
PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 32
FOR CONFINEMENT . 33
(G) (1) AN INCARCER ATED INDIVIDUAL MAY NOT BE SUBJECT TO 34 HOUSE BILL 385 7
ADMINISTRATIVE SEGRE GATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 1
(2) (I) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 2
RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNL ESS THE 3
COMMISSIONER OF CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A 4
WRITTEN DECISION , FOLLOWING AN EVIDENT IARY HEARING, THAT STATES BASED 5
ON SPECIFIC OBJECTIV E CRITERIA THAT: 6
1. THE INCARCERATED IND IVIDUAL: 7
A. COMMITTED AN ACT CAU SING SERIOUS INJURY TO OR 8
DEATH OF ANOTHER; 9
B. COMMITTED SEXUAL ASS AULT; 10
C. COMMITTED EXTORTION ; 11
D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 12
VIOLATE RULES OF THE FACILITY; 13
E. LED OR INCITED A RIO T; OR 14
F. PROCURED DEADLY WEAP ONS OR OTHER 15
CONTRABAND THAT POSE A SERIOUS THREAT TO SE CURITY; AND 16
2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 17
PLACEMENT IN THE GEN ERAL POPULATION WOUL D CREATE A SIGNIFICA NT RISK OF 18
IMMINENT SERIOUS PHY SICAL INJURY. 19
(II) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 20
RESTRICTIVE HOUSING FOR MORE THA N 60 DAYS IN A 365–DAY PERIOD. 21
(H) (1) AN INCARCERATED INDIV IDUAL WHO HAS BEEN F OUND GUILTY 22
OF AN INFRACTION THA T IS INCLUDED IN ANY INFRACTION CATEGORY OTHER THAN 23
THE MOST SERIOUS CAT EGORY MAY NOT BE SUB JECT TO MORE THAN A VERBAL 24
WARNING FOR A FIRST IN FRACTION. 25
(2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLIN ARY 26
SEGREGATION ONLY IF THE INDIVIDUAL IS FO UND GUILTY OF AN INF RACTION THAT 27
IS INCLUDED IN THE M OST SERIOUS INFRACTI ON CATEGORY . 28
(II) FOR A FIRST INFRACTIO N INCLUDED IN THE MOST SERIOUS 29
INFRACTION CATEGORY , AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE THAN 15 30 8 HOUSE BILL 385
DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 1
(III) FOR A SECOND INFRACTI ON INCLUDED IN THE M OST 2
SERIOUS INFRACTION C ATEGORY, AN INDIVIDUAL MAY NO T BE SUBJECT TO M ORE 3
THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 4
(IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATI VE 5
SEGREGATION FOR AN I NVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 6
DURING THE INVESTIGA TION OF AN INFRACTIO N INCLUDED IN THE MO ST SERIOUS 7
INFRACTION CATEGORY ALLEG EDLY COMMITTED BY TH E INDIVIDUAL , THE 8
CUMULATIVE TIME THAT THE INDIVIDUAL MAY B E HELD IN BOTH ADMIN ISTRATIVE 9
AND DISCIPLINARY SEG REGATION MAY NOT EXC EED 15 DAYS FOR A FIRST 10
INFRACTION AND 30 DAYS FOR A SECOND IN FRACTION. 11
(I) (1) AN INCARCERATED INDIVIDUA L IN RESTRICTIVE HOU SING SHALL 12
BE PROVIDED WITH WEE KLY COMPREHENSIVE PH YSICAL AND MENTAL HE ALTH 13
ASSESSMENTS BY A MUL TIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 14
(I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 15
(II) AT LEAST ONE MEDICAL PR OFESSIONAL; AND 16
(III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 17
FACILITY. 18
(2) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 19
BE PROVIDED WITH THE SAME SERVICES AND AC CESS THAT IS PROVIDE D TO 20
INCARCERATED INDIVID UALS NOT IN RESTRICTIVE HO USING, INCLUDING: 21
(I) NO LIMITATIONS ON SE RVICES, TREATMENTS , OR BASIC 22
NEEDS SUCH AS FOOD , CLOTHING, AND BEDDING ; 23
(II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 24
PUNISHMENT ; 25
(III) ACCESS TO CASE MANAG EMENT, CLERGY, AND MENTAL 26
HEALTH PROFESSIONALS ; AND 27
(IV) MAXIMIZED ACCESS TO RECREATION , EDUCATION, READING 28
MATERIALS, AND PROGRAMMING . 29
(3) AN INCARCERATED INDIV IDUAL SHALL BE OFFER ED 30
PROGRAMMING LED BY P ROGRAM OR THERAPEUTI C STAFF COMPARABLE T O THE 31 HOUSE BILL 385 9
PROGRAMMING OFFER ED TO INCARCERATED I NDIVIDUALS NOT IN RE STRICTIVE 1
HOUSING. 2
(4) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 3
SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 4
INCLUDING AT LEAST 1 HOUR FOR RECREATION . 5
(II) 1. EXCEPT AS PR OVIDED IN SUBSUBPARA GRAPH 2 OF 6
THIS SUBPARAGRAPH , OUT–OF–CELL TIME MAY INCLUD E PEER–LED PROGRAMS , 7
TIME IN A DAY ROOM O R RECREATION AREA WI TH OTHER INDIVIDUALS , 8
CONGREGATE MEALS , VOLUNTEER PROGRAMS , OR OTHER CONGREGATE 9
ACTIVITIES. 10
2. IF THE FACILITY AD MINISTRATOR OR MEDIC AL OR 11
MENTAL HEALTH PROFES SIONAL DETERMINES TH AT AN INDIVIDUAL POS ES AN 12
EXTRAORDINARY AND UN ACCEPTABLE RISK OF I MMINENT PHYSICAL HAR M TO THE 13
SAFETY OR SECURITY O F OTHER INCARCERATED INDIVIDUALS OR STAFF , THE 14
FACILITY SHALL PROVI DE THE INDIVIDUAL WITH THE R EQUIRED OUT –OF–CELL 15
TIME IN AN APPROPRIA TE MANNER THAT PROVI DES ACCESS TO STAFF –BASED 16
PROGRAMMING AND CONT ACT WITH PERSONS OTH ER THAN CORRECTIONAL 17
FACILITY STAFF. 18
3. A FACILITY SHALL DOCUM ENT ANY PROGRAM 19
RESTRICTIONS IT IMPO SES IN WRITING, INCLUDING THE BASIS FOR LIMITING 20
ACCESS TO CONGREGATE PROGRAMMING AND A DE SCRIPTION OF WHY THE 21
INDIVIDUAL CURRENTLY POSES AN EXTRAORDINA RY AND UNACCEPTABLE RISK OF 22
IMMINENT PHYSICAL HA RM TO THE SAFETY OR SECURITY OF INCARCER ATED 23
PERSONS OR STAFF A ND PROVIDE A COPY TO THE INCARCERATED IND IVIDUAL. 24
(III) A FACILITY MAY NOT CON DUCT OUT –OF–CELL 25
PROGRAMMING OPPORTUN ITIES IN A SMALLER C AGE OR THERAPY MODUL E. 26
(IV) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 27
MAY NOT BE CONSIDERE D OUT–OF–CELL PROGRAMMING . 28
(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL 30
INVOLUNTARILY PLACED IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 31
(2) IF AN INDIVIDUAL INVO LUNTARILY PL ACED IN RESTRICTIVE 32
HOUSING IS DEMONSTRA TING UNUSUAL BEHAVIO R OR HAS INDICATED S UICIDALITY 33
OR SELF–HARM, THE FACILITY SHALL M ONITOR THE INDIVIDUA L EVERY 15 34
MINUTES, OR MORE FREQUENTLY I F RECOMMENDED BY A M EDICAL OR MENTAL 35 10 HOUSE BILL 385
HEALTH PROFESSIONAL . 1
(3) AN INDIVIDUAL INVOLUNTARIL Y PLACED IN RESTRICT IVE 2
HOUSING SHALL BE ASS ESSED BY A MEDICAL O R MENTAL HEALTH PROF ESSIONAL 3
WITHIN 24 HOURS OF PLACEMENT A ND BY A MENTAL HEALT H PROFESSIONAL EVERY 4
48 HOURS THEREAFTER . 5
(K) RESTRAINTS MAY NOT BE USED ON AN INCARCERA TED INDIVIDUAL 6
PLACED IN RESTRICTIV E HOUSING, IN THE PROCESS OF BE ING PLACED IN OR 7
RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 8
OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 9
OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 10
RESTRAINTS ARE REQUI RED DUE TO AN EXTRAO RDINARY AND UNACCEPT ABLE RISK 11
OF IMMINENT PHYSICAL HARM TO THE SAFETY O R SECURITY OF INCARC ERATED 12
INDIVIDUALS OR STAFF . 13
(L) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEGREGATED 14
HOUSING FOR MEDICAL PURPO SES, SUBJECT TO THE FOLLO WING LIMITATIONS : 15
(I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 16
FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 17
INFECTION; 18
(II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 19
FEDERAL PUBLIC HEALTH GUIDAN CE; AND 20
(III) A LICENSED PHYSICIAN OR NURSE PRACTITIONE R HAS 21
PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 22
(2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 23
HOUSING FOR MEDICAL PURPOSES SHALL BE AL LOWED TO PARTICIPATE IN 24
PROGRAM S AND SERVICES , SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 25
SECURITY OF THE INDI VIDUAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 26
STAFF, VISITORS, AND THE PUBLIC . 27
(M) (1) IF AN INCARCERATED IN DIVIDUAL FEARS FOR T HE INDIVIDUAL’S 28
SAFETY, THE FACILITY SHALL TRANSFER THE INDIVID UAL TO MORE APPROPRI ATE 29
HOUSING OTHER THAN R ESTRICTIVE HOUSING , INCLUDING A SINGLE C ELL, A 30
DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 31
(2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSI NG UNDER 32
PARAGRAPH (1) OF THIS SUBS ECTION SHALL BE GRAN TED FULL ACCESS TO 33
OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 34 HOUSE BILL 385 11
REST OF THE DETAINED POPULATION . 1
(N) THE DECISION TO REMOV E ANY PERSONAL ITEMS FROM AN 2
INCARCERATED INDIVID UAL PLACED IN RESTRI CTIVE HOUSING OR RES TRICT THE 3
INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 4
SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANA GING 5
OFFICIAL BEFORE THE INCARCERATED INDIVID UAL’S MOVE TO RESTRICTIV E 6
HOUSING OR AS SOON A S POSSIBLE AFTER . 7
(O) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N ADMINISTRATIVE 8
SEGREGATION OR PROTE CTIVE CUSTODY MAY NO T BE NOTED IN THE 9
INCARCERATED INDIVID UAL’S BASE FILE OR INSTI TUTIONAL RECORD IF T HE 10
NOTATION WOULD SERVE TO INTERRUPT THE INC ARCERATED INDIVIDUAL ’S 11
PROGRAMMING ELIGIBILITY , PAROLE CONSIDERATION S, SECURITY STATUS 12
CHANGES, OR OTHER OPPORTUNITI ES. 13
(P) (1) EACH CORRECTIONAL FAC ILITY SHALL CREATE A MONTHLY 14
REPORT STATING THE T OTAL NUMBER OF INDIV IDUALS HELD IN RESTR ICTIVE 15
HOUSING IN THE PRECE DING MONTH , THE LENGTH OF TIME THOSE INDIVIDUALS 16
HAVE BEEN HELD IN RE STRICTIVE HOUSING , AND DEMOGRAPHIC INFO RMATION 17
FOR THOSE INDIVIDUAL S, INCLUDING AGE , RACE, AND GENDER . 18
(2) A CORRECTIONAL FACILIT Y SHALL POST THE REP ORTS 19
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTIO N TO THE CORRECTIONA L 20
FACILITY’S WEBSITE. 21
(Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 22
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 23
STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 24
(1) IMPROVE THE CONDITIONS OF CO NFINEMENT IN RESTRIC TIVE 25
HOUSING BY ALLOWING OPPORTUNITIES FOR OU T–OF–CELL TIME AND 26
CONGREGATE ACTIVITY , PROVIDING INCARCERAT ED INDIVIDUALS IN RE STRICTIVE 27
HOUSING DAILY OUTDOO R RECREATION TIME , AND CREATING MORE 28
OPPORTUNITIES FOR PR ODUCTIVE IN–CELL ACTIVITIES; 29
(2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 30
DISCIPLINARY SANCTIO NS; 31
(3) ELIMINATE RESTRICTIV E HOUSING SANCTIONS FOR MINOR 32
VIOLATIONS; 33
(4) CREATE DE–ESCALATION SPACES AN D ESTABLISH A SYSTEM THAT 34 12 HOUSE BILL 385
ALLOWS INCARCER ATED INDIVIDUALS IN RESTRICTIVE HOUSING TO ACCESS THOSE 1
SPACES FOR MEANINGFU L PERIODS OF TIME ; 2
(5) CREATE, IN COORDINATION WITH EACH INCARCERATED 3
INDIVIDUAL ENTERING RESTRICTIVE HOUSING , STRATEGIES DESIGNED TO RETURN 4
THE INDIVIDUAL TO TH E GENERAL POPULA TION IN THE LEAST AM OUNT OF TIME ; 5
AND 6
(6) AMEND POLICIES TO SP ECIFY THAT DISCIPLIN ARY SEGREGATION 7
IS A SANCTION OF LAS T RESORT. 8
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
effect January 1, 2024. 10
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 11
3 of this Act, this Act shall take effect October 1, 2023. 12