Maryland 2023 Regular Session

Maryland Senate Bill SB45 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	sb0045
6	6
7	7	SENATE BILL 45
8	8	E5 3lr0664
9	9	(PRE–FILED) CF 3lr1202
10	10	By: Senator Lee
11	11	Requested: November 1, 2022
12	12	Introduced and read first time: January 11, 2023
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Correctional Services – Restrictive Housing – Limitations 2
20	20	(Maryland Mandela Act) 3
21	21
22	22	FOR the purpose of requiring hearing officers and personnel involved with the supervision 4
23	23	and care of individuals placed in restrictive housing to undergo certain training; 5
24	24	establishing guidelines and procedures for the placement of incarcerated individuals 6
25	25	in certain types of restrictive housing or disciplinary segregation; requiring each 7
26	26	correctional facility to create a monthly report containing certain information about 8
27	27	individuals placed in restrictive housing and to publish the report on the facility’s 9
28	28	website; and generally relating to restrictive housing. 10
29	29
30	30	BY adding to 11
31	31	Article – Correctional Services 12
32	32	Section 9–614.3 and 9–614.4 13
33	33	Annotated Code of Maryland 14
34	34	(2017 Replacement Volume and 2022 Supplement) 15
35	35
36	36	BY repealing and reenacting, without amendments, 16
37	37	Article – Correctional Services 17
38	38	Section 9–614(a)(1) 18
39	39	Annotated Code of Maryland 19
40	40	(2017 Replacement Volume and 2022 Supplement) 20
41	41
42	42	BY repealing and reenacting, with amendments, 21
43	43	Article – Correctional Services 22
44	44	Section 9–614(a)(3) 23
45	45	Annotated Code of Maryland 24
46	46	(2017 Replacement Volume and 2022 Supplement) 25
47	47	2 SENATE BILL 45
48	48
49	49
50	50	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51	51	That the Laws of Maryland read as follows: 2
52	52
53	53	Article – Correctional Services 3
54	54
55	55	9–614.3. 4
56	56
57	57	(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STATED 5
58	58	IN § 9–614 OF THIS SUBTITLE. 6
59	59
60	60	(B) (1) ALL PERSONNEL INVOLVE D IN THE SUPERVISION AND CARE OF 7
61	61	INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL COMPLETE AT LEAST 40 8
62	62	HOURS OF TRAINING , INCLUDING TRAINING O N TRAUMA–INFORMED CARE , BEFORE 9
63	63	BEING ASSIGNED TO A RESTRICTI VE HOUSING UNIT , AND SHALL RECEIVE AT LEAST 10
64	64	8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 11
65	65
66	66	(2) A HEARING OFFICER SHAL L COMPLETE AT LEAST 40 HOURS OF 12
67	67	TRAINING, INCLUDING TRAINING O N TRAUMA–INFORMED CARE , THE PHYSICAL AND 13
68	68	PSYCHOLOGICAL EFFE CTS OF RESTRICTIVE H OUSING, PROCEDURAL AND DUE 14
69	69	PROCESS RIGHTS OF IN CARCERATED INDIVIDUA LS, AND RESTORATIVE JUST ICE 15
70	70	REMEDIES, PRIOR TO PRESIDING O VER ANY HEARINGS , AND SHALL RECEIVE AT 16
71	71	LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 17
72	72
73	73	(C) NOTHING IN THIS SE CTION SHALL BE CONSTRUED TO LIMIT OVERTIME 18
74	74	COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 19
75	75	TRAINING UNDER THIS SECTION. 20
76	76
77	77	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
78	78	as follows: 22
79	79
80	80	Article – Correctional Services 23
81	81
82	82	9–614. 24
83	83
84	84	(a) (1) In this section the following words have the meanings indicated. 25
85	85
86	86	(3) (i) “Restrictive housing” means [a form of physical separation that 26
87	87	has not been requested by the inmate in which the inmate is placed in a locked room or cell 27
88	88	for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 28
89	89	THAT SEPARATES INCAR CERATED INDIVIDUALS FROM THE GENERAL PRI SON 29
90	90	POPULATION OR THAT I MPOSES RESTRICTIONS ON PROGRAMS , SERVICES, 30
91	91	INTERACTIONS WITH OT HER INCARCERATED IND IVIDUALS, OR OTHER CONDITIONS 31
92	92	OF CONFINEMENT . 32
93	93
94	94	(ii) “Restrictive housing” includes: 33 SENATE BILL 45 3
95	95
96	96
97	97
98	98	1. administrative segregation [and]; 1
99	99
100	100	2. disciplinary segregation; AND 2
101	101
102	102	3. RESIDENTIAL REHABILI TATION UNITS, IF SEPARATE 3
103	103	HOUSING IS USED FOR THERAPY, TREATMENT , AND REHABILITATIVE 4
104	104	PROGRAMMING . 5
105	105
106	106	(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 6
107	107	PARAGRAPH , “RESTRICTIVE HOUSING ” DOES NOT INCLUDE A R ESIDENTIAL 7
108	108	REHABILITATION UNIT . 8
109	109
110	110	9–614.4. 9
111	111
112	112	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
113	113	INDICATED. 11
114	114
115	115	(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 12
116	116	OF RESTRICTIVE HOUSI NG THAT REMOVES AN I NDIVIDUAL FROM THE G ENERAL 13
117	117	POPULATION OF THE CO RRECTIONAL FACILITY FOR: 14
118	118
119	119	(I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON S 15
120	120	RESULTING FROM A SUBSTANTIAL AND IM MEDIATE THREAT ; OR 16
121	121
122	122	(II) TRANSITIONAL REASONS , INCLUDING A PENDING 17
123	123	TRANSFER, PENDING CLASSIFICATI ON, OR OTHER TEMPORARY A DMINISTRATIVE 18
124	124	MATTER. 19
125	125
126	126	(3) “DISCIPLINARY SEGREGAT ION” MEANS A FORM OF PHYS ICAL 20
127	127	SEPARATION IMPOSED IN RESPONSE TO AN INDIVIDUAL BEING FOUND GUILTY BY A 21
128	128	HEARING OFFICER OF V IOLATING DEPARTMENT RULES , INSTITUTIONAL RULES , OR 22
129	129	BOTH. 23
130	130
131	131	(4) “PROTECTIVE CUSTODY ” MEANS CUSTODIAL CONDITIONS 24
132	132	PROVIDED TO AN INCARCERATED INDIVID UAL AT THE REQUEST OF TH E 25
133	133	INCARCERATED INDIVID UAL OR THROUGH A STAFF D ETERMINATION THAT TH E 26
134	134	INCARCERATED INDIVID UAL REQUIRES PROTECTION . 27
135	135
136	136	(5) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 28
137	137	HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING 29
138	138	AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED IND IVIDUALS 30 4 SENATE BILL 45
139	139
140	140
141	141	OR FOR INCARCERATED INDIVIDUALS WHO REQU IRE SEPARATE HOUSING 1
142	142	FOLLOWING THEIR PLAC EMENT IN RESTRICTIVE HOUSING. 2
143	143
144	144	(6) “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 9–614 3
145	145	OF THIS SUBTITLE. 4
146	146
147	147	(7) “SERIOUS MENTAL ILLNESS ” MEANS A MENTAL DISORDER TH AT: 5
148	148
149	149	(I) IS MANIFEST IN AN INDIVIDUAL AT LEAST 18 YEARS OLD; 6
150	150
151	151	(II) IS DIAGNOSED, ACCORDING TO A CURRE NT DIAGNOSTIC 7
152	152	CLASSIFICATION SYSTE M RECOGNIZED BY THE SECRETARY, AS: 8
153	153
154	154	1. SCHIZOPHRENIC DISORD ER; 9
155	155
156	156	2. MAJOR AFFECTIVE DISO RDER; 10
157	157
158	158	3. ANOTHER PSYCHOTIC DISO RDER; OR 11
159	159
160	160	4. BORDERLINE OR SCHIZO TYPAL PERSONALITY 12
161	161	DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS REPEATED 13
162	162	CRIMINAL OR OTHERWIS E ANTISOCIAL CONDUCT ; 14
163	163
164	164	(III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 15
165	165	CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 16
166	166
167	167	(IV) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 17
168	168
169	169	1. INABILITY TO MAINTAI N EMPLOYMENT ; 18
170	170
171	171	2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENT IONS 19
172	172	BY THE MENTAL HEALTH SYSTEM; 20
173	173
174	174	3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 21
175	175	SUPPORT LIVING IN TH E COMMUNITY DUE TO C OGNITIVE DISORGANIZA TION; 22
176	176
177	177	4. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 23
178	178	PERSONAL SUPPORT SYS TEM; OR 24
179	179
180	180	5. NEED FOR ASSISTANCE WITH BASIC LIVING SK ILLS. 25
181	181
182	182	(8) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 26
183	183	SENATE BILL 45 5
184	184
185	185
186	186	(I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 1
187	187
188	188	(II) HAS A DEVELOPMENTAL DISABILITY; 2
189	189
190	190	(III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MENTAL 3
191	191	ILLNESS; 4
192	192
193	193	(IV) HAS A SERIOUS MEDICA L CONDITION THAT CANNOT 5
194	194	EFFECTIVELY BE TREAT ED IN ISOLATED CONFI NEMENT; 6
195	195
196	196	(V) IS PREGNANT , IS IN THE POSTPARTUM PERIOD, OR HAS 7
197	197	RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 8
198	198
199	199	(VI) HAS A SIGNIFICANT AU DITORY OR VISUAL I MPAIRMENT ; OR 9
200	200
201	201	(VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN , GAY, 10
202	202	BISEXUAL, TRANSGENDER , GENDER NONCONFORMING , OR INTERSEX. 11
203	203
204	204	(B) A VULNERABLE INDIVIDUA L MAY NOT BE PLACED IN RESTRICTIVE 12
205	205	HOUSING. 13
206	206
207	207	(C) AN INDIVIDUAL MAY NOT BE PLACED IN RES TRICTIVE HOUSING BAS ED 14
208	208	SOLELY ON: 15
209	209
210	210	(1) CONFIDENTIAL INFORMATION CONSIDER ED BY THE FACILITY 16
211	211	STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 17
212	212	REQUIRED RECORDS ; 18
213	213
214	214	(2) GANG OR ENEMY AFFILIA TION; OR 19
215	215
216	216	(3) PROTECTION OF THE INDIVIDUAL FR OM THE REST OF THE 20
217	217	DETAINED POPULATION OR A LIKELY ABUSER . 21
218	218
219	219	(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 22
220	220	ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 23
221	221	IS PROVIDED THE FOLLOWING INFORM ATION, IN A LANGUAGE OR MAN NER THE 24
222	222	INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 25
223	223	PLACEMENT IN RESTRIC TIVE HOUSING: 26
224	224
225	225	(1) NOTICE OF THE FACTS AND CIRCUM STANCES THAT LED TO 27
226	226	PLACING THE INDIVIDU AL IN RESTRICTIVE HO USING; 28
227	227	6 SENATE BILL 45
228	228
229	229
230	230	(2) A STATEMENT THAT A LESS RESTRICT IVE INTERVENTION WOU LD 1
231	231	BE INSUFFICIENT TO R EDUCE RISK; 2
232	232
233	233	(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 3
234	234	THE INDIVIDUAL ; 4
235	235
236	236	(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 5
237	237	ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 6
238	238
239	239	(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 7
240	240	THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 8
241	241	FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 9
242	242	SENSITIVE SECURITY I NFORMATION ; AND 10
243	243
244	244	(6) AN EXPLANATION OF THE PROCESS TO APPEAL TH E INITIAL 11
245	245	PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 12
246	246	RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 13
247	247
248	248	(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVI DED THE 14
249	249	OPPORTUNITY TO CONTE ST THE RESTRICTIVE H OUSING PLACEMENT IN AN 15
250	250	ADMINISTRATIVE HEARI NG WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 16
251	251	EVERY 15 DAYS THEREAFTER , IN THE ABSENCE OF EX CEPTIONAL CIRCUMSTAN CES, 17
252	252	UNAVOIDABLE DELAYS , OR REASONABLE POSTPO NEMENTS. 18
253	253
254	254	(2) THE INCARCERATED INDI VIDUAL SHALL HAVE TH E RIGHT TO 19
255	255	APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 20
256	256	INDIVIDUAL’S CHOOSING AND AT THE INDIVIDUAL ’S OWN EXPENSE AT ALL 21
257	257	HEARINGS CONDUCTED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 22
258	258
259	259	(3) IF AN INDIVIDUAL IS P LACED IN RESTRICTIVE HOUSING DUE TO 23
260	260	EMERGENCY CIRCUMSTAN CES, A REVIEW HEARING SHA LL BE CONDUCTED AS S OON 24
261	261	AS POSSIBLE AFTER THE INITIAL PL ACEMENT. 25
262	262
263	263	(F) (1) IF AN INDIVIDUAL IN RESTRICTIVE HOUSI NG DISPUTES A 26
264	264	DECISION MADE BY A F ACILITY STAFF MEMBER OR FACILITY MEDICAL 27
265	265	PROFESSIONAL REGARDI NG THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 28
266	266	INDIVIDUAL, THE INDIVIDUAL MAY R EQUEST AND RECEIVE A SECONDARY REVIEW 29
267	267	OF THE DETERMINATION BY THE MANAGING OFFICIAL OR CHIEF PHYSICIAN , AS 30
268	268	APPROPRIATE . 31
269	269
270	270	(2) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED OR 32
271	271	RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 33
272	272	PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIAL OR CHIEF 34 SENATE BILL 45 7
273	273
274	274
275	275	PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 1
276	276	FOR CONFINEMENT . 2
277	277
278	278	(G) (1) AN INCARCERATED INDIV IDUAL MAY NOT BE SUB JECT TO 3
279	279	ADMINISTRATIVE SEGRE GATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 4
280	280
281	281	(2) (I) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 5
282	282	RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNL ESS THE 6
283	283	COMMISSIONER OF CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A 7
284	284	WRITTEN DECISION, FOLLOWING AN EVIDENT IARY HEARING, THAT STATES BASED 8
285	285	ON SPECIFIC OBJECTIVE CRITE RIA THAT: 9
286	286
287	287	1. THE INCARCERATED INDIVID UAL: 10
288	288
289	289	A. COMMITTED AN ACT CAUSING SERIO US INJURY TO OR 11
290	290	DEATH OF ANOTHER; 12
291	291
292	292	B. COMMITTED SEXUAL ASSAULT ; 13
293	293
294	294	C. COMMITTED EXTORTION; 14
295	295
296	296	D. COERCED OR ATTEMPTED TO C OERCE ANOTHER TO 15
297	297	VIOLATE RULES OF THE FACILITY; 16
298	298
299	299	E. LED OR INCITED A RIOT; OR 17
300	300
301	301	F. PROCURED DEADLY WEAPONS OR OT HER 18
302	302	CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 19
303	303
304	304	2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 20
305	305	PLACEMENT IN THE GEN ERAL POPULAT ION WOULD CREATE A SIGNIFICANT RISK OF 21
306	306	IMMINENT SERIOUS PHY SICAL INJURY. 22
307	307
308	308	(II) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 23
309	309	RESTRICTIVE HOUSING FOR MORE THAN 60 DAYS IN A 365–DAY PERIOD. 24
310	310
311	311	(H) (1) AN INCARCERATED INDIV IDUAL WHO HAS BEEN F OUND GUILTY 25
312	312	OF AN INFRACTION THAT I S INCLUDED IN ANY IN FRACTION CATEGORY OT HER THAN 26
313	313	THE MOST SERIOUS CAT EGORY MAY NOT BE SUBJECT T O MORE THAN A VERBAL 27
314	314	WARNING FOR A FIRST INFRACTION. 28
315	315	8 SENATE BILL 45
316	316
317	317
318	318	(2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLIN ARY 1
319	319	SEGREGATION ONLY IF THE INDIVIDUAL IS FOUND GUILTY OF AN INFRACTION THAT 2
320	320	IS INCLUDED IN THE M OST SERIOUS INFRACTI ON CATEGORY . 3
321	321
322	322	(II) FOR A FIRST INFRACTION INCLUDED IN THE MOST SERIOUS 4
323	323	INFRACTION CATEGORY , AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE T HAN 15 5
324	324	DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 6
325	325
326	326	(III) FOR A SECOND INFRACTION INCLUDED IN THE MOST 7
327	327	SERIOUS INFRACTION C ATEGORY, AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE 8
328	328	THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 9
329	329
330	330	(IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATI VE 10
331	331	SEGREGATION FOR AN I NVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 11
332	332	DURING THE INVESTIGA TION OF AN INFRACTION INCLUDED IN THE MOST SERIOUS 12
333	333	INFRACTION CATEGORY ALLEGEDLY COMMITTED BY THE INDIVIDUAL , THE 13
334	334	CUMULATIVE TIME THAT T HE INDIVIDUAL MAY BE HELD IN BOTH ADMINIS TRATIVE 14
335	335	AND DISCIPLINARY SEG REGATION MAY NOT EXC EED 15 DAYS FOR A FIRST 15
336	336	INFRACTION AND 30 DAYS FOR A SECOND IN FRACTION. 16
337	337
338	338	(I) (1) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 17
339	339	BE PROVIDED WITH WEEKLY COMPREHENSIVE PHYSICAL AND MENTAL HEALTH 18
340	340	ASSESSMENTS BY A MUL TIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 19
341	341
342	342	(I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 20
343	343
344	344	(II) AT LEAST ONE MEDICAL PROFESSIONAL ; AND 21
345	345
346	346	(III) AT LEAST ONE MEMBER OF THE MANAGE MENT OF THE 22
347	347	FACILITY. 23
348	348
349	349	(2) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 24
350	350	BE PROVIDED WITH THE SAME SERVICES AND ACCESS THAT IS PROVI DED TO 25
351	351	INCARCERATED INDIVIDUALS NOT IN R ESTRICTIVE HOUSING , INCLUDING: 26
352	352
353	353	(I) NO LIMITATIONS ON SERVI CES, TREATMENTS , OR BASIC 27
354	354	NEEDS SUCH AS FOOD , CLOTHING, AND BEDDING ; 28
355	355
356	356	(II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 29
357	357	PUNISHMENT ; 30
358	358
359	359	(III) ACCESS TO CASE MANAGEMENT , CLERGY, AND MENTAL 31
360	360	HEALTH PROFESSIONALS ; AND 32 SENATE BILL 45 9
361	361
362	362
363	363
364	364	(IV) MAXIMIZED ACCESS TO RECREA TION, EDUCATION, READING 1
365	365	MATERIALS, AND PROGRAMMING . 2
366	366
367	367	(3) AN INCARCERATED INDIV IDUAL SHALL BE OFFER ED 3
368	368	PROGRAMMING LED BY P ROGRAM OR THERAPEUTI C STAFF COMPARABLE T O THE 4
369	369	PROGRAMMING OFFERED TO INCARCERATED INDIVID UALS NOT IN RESTRICT IVE 5
370	370	HOUSING. 6
371	371
372	372	(4) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 7
373	373	SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 8
374	374	INCLUDING AT LEAST 1 HOUR FOR RECREATION . 9
375	375
376	376	(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 10
377	377	THIS SUBPARAGRAPH , OUT–OF–CELL TIME MAY INCLUD E PEER–LED PROGRAMS , 11
378	378	TIME IN A DAY ROOM O R RECREATION AREA WITH OTHER INDIVIDUA LS, 12
379	379	CONGREGATE MEALS , VOLUNTEER PROGRAMS , OR OTHER CONGREGATE 13
380	380	ACTIVITIES. 14
381	381
382	382	2. IF THE FACILITY ADMINIS TRATOR OR MEDICAL OR 15
383	383	MENTAL HEA LTH PROFESSIONAL DET ERMINES THAT AN INDIVIDUAL POSES AN 16
384	384	EXTRAORDINARY AND UN ACCEPTABLE RISK OF I MMINENT PHYSICAL HAR M TO THE 17
385	385	SAFETY OR SECURITY O F OTHER INCARCERATED INDIVIDUALS OR STAFF, THE 18
386	386	FACILITY SHALL PROVI DE THE INDIVIDUAL WI TH THE REQUIRED OUT –OF–CELL 19
387	387	TIME IN AN APPROPRIA TE MANNER THAT PROVI DES ACCESS TO STAFF –BASED 20
388	388	PROGRAMMING AND CONT ACT WITH PERSONS OTH ER THAN CORRECTIONAL 21
389	389	FACILITY STAFF. 22
390	390
391	391	3. A FACILITY SHALL DOCUM ENT ANY PROGRAM 23
392	392	RESTRICTIONS IT IMPO SES IN WRITING , INCLUDING THE BASIS FOR LIMITING 24
393	393	ACCESS TO CONGREGATE PROGRAMMING AND A DESCRIPTION OF WHY THE 25
394	394	INDIVIDUAL CURRENTLY POSES AN EXTRAORDINA RY AND UNACCEPTABLE RISK OF 26
395	395	IMMINENT PHYSICAL HA RM TO THE SAFETY OR SECURITY OF INCARCER ATED 27
396	396	PERSONS OR STAFF AND PROVIDE A COPY T O THE INCARCERAT ED INDIVIDUAL. 28
397	397
398	398	(III) A FACILITY MAY NOT CON DUCT OUT –OF–CELL 29
399	399	PROGRAMMING OPPORTUN ITIES IN A SMALLER C AGE OR THERAPY MODULE . 30
400	400
401	401	(IV) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 31
402	402	MAY NOT BE CONSIDERE D OUT–OF–CELL PROGRAMMING . 32
403	403	10 SENATE BILL 45
404	404
405	405
406	406	(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 1
407	407	FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL 2
408	408	INVOLUNTARILY PLACED IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 3
409	409
410	410	(2) IF AN INDIVIDUAL INVO LUNTARILY PLACED IN RESTRICTIVE 4
411	411	HOUSING IS DEMONSTRATI NG UNUSUAL BEHAVIOR OR HAS INDICATED SUI CIDALITY 5
412	412	OR SELF–HARM, THE FACILITY SHALL M ONITOR THE INDIVIDUA L EVERY 15 6
413	413	MINUTES, OR MORE FREQUENTLY I F RECOMMENDED BY A M EDICAL OR MENTAL 7
414	414	HEALTH PROFESSIONAL . 8
415	415
416	416	(3) AN INDIVIDUAL INVOLUN TARILY PLACED IN RESTRICTIV E 9
417	417	HOUSING SHALL BE ASS ESSED BY A MEDICAL O R MENTAL HEALTH PROF ESSIONAL 10
418	418	WITHIN 24 HOURS OF PLACEMENT A ND BY A MENTAL HEALT H PROFESSIONAL EVERY 11
419	419	48 HOURS THEREAFTER . 12
420	420
421	421	(K) RESTRAINTS MAY NOT BE USED ON AN INCARCERA TED INDIVIDUAL 13
422	422	PLACED IN RESTRICTIVE HOUSIN G, IN THE PROCESS OF BE ING PLACED IN OR 14
423	423	RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 15
424	424	OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 16
425	425	OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 17
426	426	RESTRAINTS ARE REQUI RED DUE TO AN EXTRAO RDINARY AND UNACCEPT ABLE RISK 18
427	427	OF IMMINENT PHYSICAL HARM TO THE SAFETY O R SECURITY OF INCARC ERATED 19
428	428	INDIVIDUALS OR STAFF. 20
429	429
430	430	(L) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEGREGATED 21
431	431	HOUSING FOR MEDICAL PURPOSES, SUBJECT TO THE FOLLO WING LIMITATIONS : 22
432	432
433	433	(I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 23
434	434	FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 24
435	435	INFECTION; 25
436	436
437	437	(II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 26
438	438	FEDERAL PUBLIC HEALT H GUIDANCE; AND 27
439	439
440	440	(III) A LICENSED PHYSICIAN OR NURSE PRACTITIONE R HAS 28
441	441	PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 29
442	442
443	443	(2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 30
444	444	HOUSING FO R MEDICAL PURPOSES S HALL BE ALLOWED TO PARTICIPATE IN 31
445	445	PROGRAMS AND SERVICE S, SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 32
446	446	SECURITY OF THE INDI VIDUAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 33
447	447	STAFF, VISITORS, AND THE PUBLIC . 34
448	448	SENATE BILL 45 11
449	449
450	450
451	451	(M) (1) IF AN INCARCERATED IN DIVIDUAL FEARS FOR THE INDIVIDUAL ’S 1
452	452	SAFETY, THE FACILITY SHALL T RANSFER THE INDIVIDUAL TO MORE APPROPRIATE 2
453	453	HOUSING OTHER THAN RESTRICTI VE HOUSING , INCLUDING A SINGLE CELL , A 3
454	454	DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 4
455	455
456	456	(2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSI NG UNDER 5
457	457	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GRANTED FULL ACCESS TO 6
458	458	OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 7
459	459	REST OF THE DETAINED POPULATION . 8
460	460
461	461	(N) THE DECISION TO REMOV E ANY PERSONAL ITEMS FR OM AN 9
462	462	INCARCERATED INDIVID UAL PLACED IN RESTRICTIV E HOUSING OR RESTRIC T THE 10
463	463	INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 11
464	464	SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANA GING 12
465	465	OFFICIAL BEFORE THE INCARCERATED IND IVIDUAL’S MOVE TO RESTRICTIV E 13
466	466	HOUSING OR AS SOON A S POSSIBLE AFTER. 14
467	467
468	468	(O) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N ADMINISTRATIVE 15
469	469	SEGREGATION OR PROTE CTIVE CUSTODY MAY NO T BE NOTED IN THE 16
470	470	INCARCERATED INDIVID UAL’S BASE FILE OR INSTITUTIONAL RECORD IF THE 17
471	471	NOTATION WOULD SERVE TO INTERRUPT THE INC ARCERATED INDIVIDUAL ’S 18
472	472	PROGRAMMING ELIGIBIL ITY, PAROLE CONSIDERATION S, SECURITY STATUS 19
473	473	CHANGES, OR OTHER OPPORTUNITI ES. 20
474	474
475	475	(P) (1) EACH CORRECTIONAL FAC ILITY SHALL CREATE A MONTHLY 21
476	476	REPORT STATING THE T OTAL NUMBER OF INDIV IDUALS HELD IN RESTR ICTIVE 22
477	477	HOUSING IN THE PRECE DING MONTH , THE LENGTH OF TIME THOSE INDIVIDUALS 23
478	478	HAVE BEEN HELD IN RE STRICTIVE HOUSING , AND DEMOGRAPHIC INFORMAT ION 24
479	479	FOR THOSE INDIVIDUALS , INCLUDING AGE , RACE, AND GENDER . 25
480	480
481	481	(2) A CORRECTIONAL FACILIT Y SHALL POST THE REP ORTS 26
482	482	REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION T O THE CORRECTIONAL 27
483	483	FACILITY’S WEBSITE. 28
484	484
485	485	(Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 29
486	486	REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 30
487	487	STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 31
488	488
489	489	(1) IMPROVE THE CONDITIONS OF CONFIN EMENT IN RESTRICTIVE 32
490	490	HOUSING BY ALLOWING OPPORTUNITIES FOR OU T–OF–CELL TIME AND 33
491	491	CONGREGATE ACTIVITY , PROVIDING INCARCERAT ED INDIVIDUALS IN RE STRICTIVE 34
492	492	HOUSING DAILY OUTDOO R RECREATION TIME , AND CREATING MORE 35
493	493	OPPORTUNITIES FOR PR ODUCTIVE IN–CELL ACTIVITIES; 36 12 SENATE BILL 45
494	494
495	495
496	496
497	497	(2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 1
498	498	DISCIPLINARY SA NCTIONS; 2
499	499
500	500	(3) ELIMINATE RESTRICTIV E HOUSING SANCTIONS FOR MINOR 3
501	501	VIOLATIONS; 4
502	502
503	503	(4) CREATE DE–ESCALATION SPACES AN D ESTABLISH A SYSTEM THAT 5
504	504	ALLOWS INCARCERATED INDIVIDUALS IN RESTR ICTIVE HOUSING TO AC CESS THOSE 6
505	505	SPACES FOR MEANINGFU L PERIODS OF TIME ; 7
506	506
507	507	(5) CREATE, IN COORDINATION WITH EACH INCARCERATED 8
508	508	INDIVIDUAL ENTERING RESTRICTIVE HOUSING , STRATEGIES DESIGNED TO RETURN 9
509	509	THE INDIVIDUAL TO TH E GENERAL POPULATION IN THE LEAST AMOUNT OF TIME; 10
510	510	AND 11
511	511
512	512	(6) AMEND POLICIES TO SP ECIFY THAT DISCIPLIN ARY SEGREGATION 12
513	513	IS A SANCTION OF LAS T RESORT. 13
514	514
515	515	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 14
516	516	effect January 1, 2024. 15
517	517
518	518	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 16
519	519	3 of this Act, this Act shall take effect October 1, 2023. 17