EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0045*
SENATE BILL 45
E5 3lr0664
(PRE–FILED) CF 3lr1202
By: Senator Lee
Requested: November 1, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
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
2 SENATE BILL 45
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
9–614.3. 4
(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STATED 5
IN § 9–614 OF THIS SUBTITLE. 6
(B) (1) ALL PERSONNEL INVOLVE D IN THE SUPERVISION AND CARE OF 7
INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL COMPLETE AT LEAST 40 8
HOURS OF TRAINING , INCLUDING TRAINING O N TRAUMA–INFORMED CARE , BEFORE 9
BEING ASSIGNED TO A RESTRICTI VE HOUSING UNIT , AND SHALL RECEIVE AT LEAST 10
8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 11
(2) A HEARING OFFICER SHAL L COMPLETE AT LEAST 40 HOURS OF 12
TRAINING, INCLUDING TRAINING O N TRAUMA–INFORMED CARE , THE PHYSICAL AND 13
PSYCHOLOGICAL EFFE CTS OF RESTRICTIVE H OUSING, PROCEDURAL AND DUE 14
PROCESS RIGHTS OF IN CARCERATED INDIVIDUA LS, AND RESTORATIVE JUST ICE 15
REMEDIES, PRIOR TO PRESIDING O VER ANY HEARINGS , AND SHALL RECEIVE AT 16
LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 17
(C) NOTHING IN THIS SE CTION SHALL BE CONSTRUED TO LIMIT OVERTIME 18
COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 19
TRAINING UNDER THIS SECTION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
as follows: 22
Article – Correctional Services 23
9–614. 24
(a) (1) In this section the following words have the meanings indicated. 25
(3) (i) “Restrictive housing” means [a form of physical separation that 26
has not been requested by the inmate in which the inmate is placed in a locked room or cell 27
for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 28
THAT SEPARATES INCAR CERATED INDIVIDUALS FROM THE GENERAL PRI SON 29
POPULATION OR THAT I MPOSES RESTRICTIONS ON PROGRAMS , SERVICES, 30
INTERACTIONS WITH OT HER INCARCERATED IND IVIDUALS, OR OTHER CONDITIONS 31
OF CONFINEMENT . 32
(ii) “Restrictive housing” includes: 33 SENATE BILL 45 3
1. administrative segregation [and]; 1
2. disciplinary segregation; AND 2
3. RESIDENTIAL REHABILI TATION UNITS, IF SEPARATE 3
HOUSING IS USED FOR THERAPY, TREATMENT , AND REHABILITATIVE 4
PROGRAMMING . 5
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 6
PARAGRAPH , “RESTRICTIVE HOUSING ” DOES NOT INCLUDE A R ESIDENTIAL 7
REHABILITATION UNIT . 8
9–614.4. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 12
OF RESTRICTIVE HOUSI NG THAT REMOVES AN I NDIVIDUAL FROM THE G ENERAL 13
POPULATION OF THE CO RRECTIONAL FACILITY FOR: 14
(I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON S 15
RESULTING FROM A SUBSTANTIAL AND IM MEDIATE THREAT ; OR 16
(II) TRANSITIONAL REASONS , INCLUDING A PENDING 17
TRANSFER, PENDING CLASSIFICATI ON, OR OTHER TEMPORARY A DMINISTRATIVE 18
MATTER. 19
(3) “DISCIPLINARY SEGREGAT ION” MEANS A FORM OF PHYS ICAL 20
SEPARATION IMPOSED IN RESPONSE TO AN INDIVIDUAL BEING FOUND GUILTY BY A 21
HEARING OFFICER OF V IOLATING DEPARTMENT RULES , INSTITUTIONAL RULES , OR 22
BOTH. 23
(4) “PROTECTIVE CUSTODY ” MEANS CUSTODIAL CONDITIONS 24
PROVIDED TO AN INCARCERATED INDIVID UAL AT THE REQUEST OF TH E 25
INCARCERATED INDIVID UAL OR THROUGH A STAFF D ETERMINATION THAT TH E 26
INCARCERATED INDIVID UAL REQUIRES PROTECTION . 27
(5) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 28
HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING 29
AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED IND IVIDUALS 30 4 SENATE BILL 45
OR FOR INCARCERATED INDIVIDUALS WHO REQU IRE SEPARATE HOUSING 1
FOLLOWING THEIR PLAC EMENT IN RESTRICTIVE HOUSING. 2
(6) “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 9–614 3
OF THIS SUBTITLE. 4
(7) “SERIOUS MENTAL ILLNESS ” MEANS A MENTAL DISORDER TH AT: 5
(I) IS MANIFEST IN AN INDIVIDUAL AT LEAST 18 YEARS OLD; 6
(II) IS DIAGNOSED, ACCORDING TO A CURRE NT DIAGNOSTIC 7
CLASSIFICATION SYSTE M RECOGNIZED BY THE SECRETARY, AS: 8
1. SCHIZOPHRENIC DISORD ER; 9
2. MAJOR AFFECTIVE DISO RDER; 10
3. ANOTHER PSYCHOTIC DISO RDER; OR 11
4. BORDERLINE OR SCHIZO TYPAL PERSONALITY 12
DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS REPEATED 13
CRIMINAL OR OTHERWIS E ANTISOCIAL CONDUCT ; 14
(III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 15
CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 16
(IV) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 17
1. INABILITY TO MAINTAI N EMPLOYMENT ; 18
2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENT IONS 19
BY THE MENTAL HEALTH SYSTEM; 20
3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 21
SUPPORT LIVING IN TH E COMMUNITY DUE TO C OGNITIVE DISORGANIZA TION; 22
4. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 23
PERSONAL SUPPORT SYS TEM; OR 24
5. NEED FOR ASSISTANCE WITH BASIC LIVING SK ILLS. 25
(8) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 26
SENATE BILL 45 5
(I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 1
(II) HAS A DEVELOPMENTAL DISABILITY; 2
(III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MENTAL 3
ILLNESS; 4
(IV) HAS A SERIOUS MEDICA L CONDITION THAT CANNOT 5
EFFECTIVELY BE TREAT ED IN ISOLATED CONFI NEMENT; 6
(V) IS PREGNANT , IS IN THE POSTPARTUM PERIOD, OR HAS 7
RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 8
(VI) HAS A SIGNIFICANT AU DITORY OR VISUAL I MPAIRMENT ; OR 9
(VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN , GAY, 10
BISEXUAL, TRANSGENDER , GENDER NONCONFORMING , OR INTERSEX. 11
(B) A VULNERABLE INDIVIDUA L MAY NOT BE PLACED IN RESTRICTIVE 12
HOUSING. 13
(C) AN INDIVIDUAL MAY NOT BE PLACED IN RES TRICTIVE HOUSING BAS ED 14
SOLELY ON: 15
(1) CONFIDENTIAL INFORMATION CONSIDER ED BY THE FACILITY 16
STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 17
REQUIRED RECORDS ; 18
(2) GANG OR ENEMY AFFILIA TION; OR 19
(3) PROTECTION OF THE INDIVIDUAL FR OM THE REST OF THE 20
DETAINED POPULATION OR A LIKELY ABUSER . 21
(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 22
ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 23
IS PROVIDED THE FOLLOWING INFORM ATION, IN A LANGUAGE OR MAN NER THE 24
INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 25
PLACEMENT IN RESTRIC TIVE HOUSING: 26
(1) NOTICE OF THE FACTS AND CIRCUM STANCES THAT LED TO 27
PLACING THE INDIVIDU AL IN RESTRICTIVE HO USING; 28
6 SENATE BILL 45
(2) A STATEMENT THAT A LESS RESTRICT IVE INTERVENTION WOU LD 1
BE INSUFFICIENT TO R EDUCE RISK; 2
(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 3
THE INDIVIDUAL ; 4
(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 5
ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 6
(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 7
THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 8
FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 9
SENSITIVE SECURITY I NFORMATION ; AND 10
(6) AN EXPLANATION OF THE PROCESS TO APPEAL TH E INITIAL 11
PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 12
RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 13
(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVI DED THE 14
OPPORTUNITY TO CONTE ST THE RESTRICTIVE H OUSING PLACEMENT IN AN 15
ADMINISTRATIVE HEARI NG WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 16
EVERY 15 DAYS THEREAFTER , IN THE ABSENCE OF EX CEPTIONAL CIRCUMSTAN CES, 17
UNAVOIDABLE DELAYS , OR REASONABLE POSTPO NEMENTS. 18
(2) THE INCARCERATED INDI VIDUAL SHALL HAVE TH E RIGHT TO 19
APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 20
INDIVIDUAL’S CHOOSING AND AT THE INDIVIDUAL ’S OWN EXPENSE AT ALL 21
HEARINGS CONDUCTED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 22
(3) IF AN INDIVIDUAL IS P LACED IN RESTRICTIVE HOUSING DUE TO 23
EMERGENCY CIRCUMSTAN CES, A REVIEW HEARING SHA LL BE CONDUCTED AS S OON 24
AS POSSIBLE AFTER THE INITIAL PL ACEMENT. 25
(F) (1) IF AN INDIVIDUAL IN RESTRICTIVE HOUSI NG DISPUTES A 26
DECISION MADE BY A F ACILITY STAFF MEMBER OR FACILITY MEDICAL 27
PROFESSIONAL REGARDI NG THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 28
INDIVIDUAL, THE INDIVIDUAL MAY R EQUEST AND RECEIVE A SECONDARY REVIEW 29
OF THE DETERMINATION BY THE MANAGING OFFICIAL OR CHIEF PHYSICIAN , AS 30
APPROPRIATE . 31
(2) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED OR 32
RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 33
PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIAL OR CHIEF 34 SENATE BILL 45 7
PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 1
FOR CONFINEMENT . 2
(G) (1) AN INCARCERATED INDIV IDUAL MAY NOT BE SUB JECT TO 3
ADMINISTRATIVE SEGRE GATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 4
(2) (I) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 5
RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNL ESS THE 6
COMMISSIONER OF CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A 7
WRITTEN DECISION, FOLLOWING AN EVIDENT IARY HEARING, THAT STATES BASED 8
ON SPECIFIC OBJECTIVE CRITE RIA THAT: 9
1. THE INCARCERATED INDIVID UAL: 10
A. COMMITTED AN ACT CAUSING SERIO US INJURY TO OR 11
DEATH OF ANOTHER; 12
B. COMMITTED SEXUAL ASSAULT ; 13
C. COMMITTED EXTORTION; 14
D. COERCED OR ATTEMPTED TO C OERCE ANOTHER TO 15
VIOLATE RULES OF THE FACILITY; 16
E. LED OR INCITED A RIOT; OR 17
F. PROCURED DEADLY WEAPONS OR OT HER 18
CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 19
2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 20
PLACEMENT IN THE GEN ERAL POPULAT ION WOULD CREATE A SIGNIFICANT RISK OF 21
IMMINENT SERIOUS PHY SICAL INJURY. 22
(II) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 23
RESTRICTIVE HOUSING FOR MORE THAN 60 DAYS IN A 365–DAY PERIOD. 24
(H) (1) AN INCARCERATED INDIV IDUAL WHO HAS BEEN F OUND GUILTY 25
OF AN INFRACTION THAT I S INCLUDED IN ANY IN FRACTION CATEGORY OT HER THAN 26
THE MOST SERIOUS CAT EGORY MAY NOT BE SUBJECT T O MORE THAN A VERBAL 27
WARNING FOR A FIRST INFRACTION. 28
8 SENATE BILL 45
(2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLIN ARY 1
SEGREGATION ONLY IF THE INDIVIDUAL IS FOUND GUILTY OF AN INFRACTION THAT 2
IS INCLUDED IN THE M OST SERIOUS INFRACTI ON CATEGORY . 3
(II) FOR A FIRST INFRACTION INCLUDED IN THE MOST SERIOUS 4
INFRACTION CATEGORY , AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE T HAN 15 5
DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 6
(III) FOR A SECOND INFRACTION INCLUDED IN THE MOST 7
SERIOUS INFRACTION C ATEGORY, AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE 8
THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 9
(IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATI VE 10
SEGREGATION FOR AN I NVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 11
DURING THE INVESTIGA TION OF AN INFRACTION INCLUDED IN THE MOST SERIOUS 12
INFRACTION CATEGORY ALLEGEDLY COMMITTED BY THE INDIVIDUAL , THE 13
CUMULATIVE TIME THAT T HE INDIVIDUAL MAY BE HELD IN BOTH ADMINIS TRATIVE 14
AND DISCIPLINARY SEG REGATION MAY NOT EXC EED 15 DAYS FOR A FIRST 15
INFRACTION AND 30 DAYS FOR A SECOND IN FRACTION. 16
(I) (1) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 17
BE PROVIDED WITH WEEKLY COMPREHENSIVE PHYSICAL AND MENTAL HEALTH 18
ASSESSMENTS BY A MUL TIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 19
(I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 20
(II) AT LEAST ONE MEDICAL PROFESSIONAL ; AND 21
(III) AT LEAST ONE MEMBER OF THE MANAGE MENT OF THE 22
FACILITY. 23
(2) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 24
BE PROVIDED WITH THE SAME SERVICES AND ACCESS THAT IS PROVI DED TO 25
INCARCERATED INDIVIDUALS NOT IN R ESTRICTIVE HOUSING , INCLUDING: 26
(I) NO LIMITATIONS ON SERVI CES, TREATMENTS , OR BASIC 27
NEEDS SUCH AS FOOD , CLOTHING, AND BEDDING ; 28
(II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 29
PUNISHMENT ; 30
(III) ACCESS TO CASE MANAGEMENT , CLERGY, AND MENTAL 31
HEALTH PROFESSIONALS ; AND 32 SENATE BILL 45 9
(IV) MAXIMIZED ACCESS TO RECREA TION, EDUCATION, READING 1
MATERIALS, AND PROGRAMMING . 2
(3) AN INCARCERATED INDIV IDUAL SHALL BE OFFER ED 3
PROGRAMMING LED BY P ROGRAM OR THERAPEUTI C STAFF COMPARABLE T O THE 4
PROGRAMMING OFFERED TO INCARCERATED INDIVID UALS NOT IN RESTRICT IVE 5
HOUSING. 6
(4) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 7
SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 8
INCLUDING AT LEAST 1 HOUR FOR RECREATION . 9
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 10
THIS SUBPARAGRAPH , OUT–OF–CELL TIME MAY INCLUD E PEER–LED PROGRAMS , 11
TIME IN A DAY ROOM O R RECREATION AREA WITH OTHER INDIVIDUA LS, 12
CONGREGATE MEALS , VOLUNTEER PROGRAMS , OR OTHER CONGREGATE 13
ACTIVITIES. 14
2. IF THE FACILITY ADMINIS TRATOR OR MEDICAL OR 15
MENTAL HEA LTH PROFESSIONAL DET ERMINES THAT AN INDIVIDUAL POSES AN 16
EXTRAORDINARY AND UN ACCEPTABLE RISK OF I MMINENT PHYSICAL HAR M TO THE 17
SAFETY OR SECURITY O F OTHER INCARCERATED INDIVIDUALS OR STAFF, THE 18
FACILITY SHALL PROVI DE THE INDIVIDUAL WI TH THE REQUIRED OUT –OF–CELL 19
TIME IN AN APPROPRIA TE MANNER THAT PROVI DES ACCESS TO STAFF –BASED 20
PROGRAMMING AND CONT ACT WITH PERSONS OTH ER THAN CORRECTIONAL 21
FACILITY STAFF. 22
3. A FACILITY SHALL DOCUM ENT ANY PROGRAM 23
RESTRICTIONS IT IMPO SES IN WRITING , INCLUDING THE BASIS FOR LIMITING 24
ACCESS TO CONGREGATE PROGRAMMING AND A DESCRIPTION OF WHY THE 25
INDIVIDUAL CURRENTLY POSES AN EXTRAORDINA RY AND UNACCEPTABLE RISK OF 26
IMMINENT PHYSICAL HA RM TO THE SAFETY OR SECURITY OF INCARCER ATED 27
PERSONS OR STAFF AND PROVIDE A COPY T O THE INCARCERAT ED INDIVIDUAL. 28
(III) A FACILITY MAY NOT CON DUCT OUT –OF–CELL 29
PROGRAMMING OPPORTUN ITIES IN A SMALLER C AGE OR THERAPY MODULE . 30
(IV) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 31
MAY NOT BE CONSIDERE D OUT–OF–CELL PROGRAMMING . 32
10 SENATE BILL 45
(J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 1
FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL 2
INVOLUNTARILY PLACED IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 3
(2) IF AN INDIVIDUAL INVO LUNTARILY PLACED IN RESTRICTIVE 4
HOUSING IS DEMONSTRATI NG UNUSUAL BEHAVIOR OR HAS INDICATED SUI CIDALITY 5
OR SELF–HARM, THE FACILITY SHALL M ONITOR THE INDIVIDUA L EVERY 15 6
MINUTES, OR MORE FREQUENTLY I F RECOMMENDED BY A M EDICAL OR MENTAL 7
HEALTH PROFESSIONAL . 8
(3) AN INDIVIDUAL INVOLUN TARILY PLACED IN RESTRICTIV E 9
HOUSING SHALL BE ASS ESSED BY A MEDICAL O R MENTAL HEALTH PROF ESSIONAL 10
WITHIN 24 HOURS OF PLACEMENT A ND BY A MENTAL HEALT H PROFESSIONAL EVERY 11
48 HOURS THEREAFTER . 12
(K) RESTRAINTS MAY NOT BE USED ON AN INCARCERA TED INDIVIDUAL 13
PLACED IN RESTRICTIVE HOUSIN G, IN THE PROCESS OF BE ING PLACED IN OR 14
RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 15
OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 16
OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 17
RESTRAINTS ARE REQUI RED DUE TO AN EXTRAO RDINARY AND UNACCEPT ABLE RISK 18
OF IMMINENT PHYSICAL HARM TO THE SAFETY O R SECURITY OF INCARC ERATED 19
INDIVIDUALS OR STAFF. 20
(L) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEGREGATED 21
HOUSING FOR MEDICAL PURPOSES, SUBJECT TO THE FOLLO WING LIMITATIONS : 22
(I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 23
FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 24
INFECTION; 25
(II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 26
FEDERAL PUBLIC HEALT H GUIDANCE; AND 27
(III) A LICENSED PHYSICIAN OR NURSE PRACTITIONE R HAS 28
PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 29
(2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 30
HOUSING FO R MEDICAL PURPOSES S HALL BE ALLOWED TO PARTICIPATE IN 31
PROGRAMS AND SERVICE S, SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 32
SECURITY OF THE INDI VIDUAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 33
STAFF, VISITORS, AND THE PUBLIC . 34
SENATE BILL 45 11
(M) (1) IF AN INCARCERATED IN DIVIDUAL FEARS FOR THE INDIVIDUAL ’S 1
SAFETY, THE FACILITY SHALL T RANSFER THE INDIVIDUAL TO MORE APPROPRIATE 2
HOUSING OTHER THAN RESTRICTI VE HOUSING , INCLUDING A SINGLE CELL , A 3
DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 4
(2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSI NG UNDER 5
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GRANTED FULL ACCESS TO 6
OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 7
REST OF THE DETAINED POPULATION . 8
(N) THE DECISION TO REMOV E ANY PERSONAL ITEMS FR OM AN 9
INCARCERATED INDIVID UAL PLACED IN RESTRICTIV E HOUSING OR RESTRIC T THE 10
INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 11
SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANA GING 12
OFFICIAL BEFORE THE INCARCERATED IND IVIDUAL’S MOVE TO RESTRICTIV E 13
HOUSING OR AS SOON A S POSSIBLE AFTER. 14
(O) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N ADMINISTRATIVE 15
SEGREGATION OR PROTE CTIVE CUSTODY MAY NO T BE NOTED IN THE 16
INCARCERATED INDIVID UAL’S BASE FILE OR INSTITUTIONAL RECORD IF THE 17
NOTATION WOULD SERVE TO INTERRUPT THE INC ARCERATED INDIVIDUAL ’S 18
PROGRAMMING ELIGIBIL ITY, PAROLE CONSIDERATION S, SECURITY STATUS 19
CHANGES, OR OTHER OPPORTUNITI ES. 20
(P) (1) EACH CORRECTIONAL FAC ILITY SHALL CREATE A MONTHLY 21
REPORT STATING THE T OTAL NUMBER OF INDIV IDUALS HELD IN RESTR ICTIVE 22
HOUSING IN THE PRECE DING MONTH , THE LENGTH OF TIME THOSE INDIVIDUALS 23
HAVE BEEN HELD IN RE STRICTIVE HOUSING , AND DEMOGRAPHIC INFORMAT ION 24
FOR THOSE INDIVIDUALS , INCLUDING AGE , RACE, AND GENDER . 25
(2) A CORRECTIONAL FACILIT Y SHALL POST THE REP ORTS 26
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION T O THE CORRECTIONAL 27
FACILITY’S WEBSITE. 28
(Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 29
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 30
STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 31
(1) IMPROVE THE CONDITIONS OF CONFIN EMENT IN RESTRICTIVE 32
HOUSING BY ALLOWING OPPORTUNITIES FOR OU T–OF–CELL TIME AND 33
CONGREGATE ACTIVITY , PROVIDING INCARCERAT ED INDIVIDUALS IN RE STRICTIVE 34
HOUSING DAILY OUTDOO R RECREATION TIME , AND CREATING MORE 35
OPPORTUNITIES FOR PR ODUCTIVE IN–CELL ACTIVITIES; 36 12 SENATE BILL 45
(2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 1
DISCIPLINARY SA NCTIONS; 2
(3) ELIMINATE RESTRICTIV E HOUSING SANCTIONS FOR MINOR 3
VIOLATIONS; 4
(4) CREATE DE–ESCALATION SPACES AN D ESTABLISH A SYSTEM THAT 5
ALLOWS INCARCERATED INDIVIDUALS IN RESTR ICTIVE HOUSING TO AC CESS THOSE 6
SPACES FOR MEANINGFU L PERIODS OF TIME ; 7
(5) CREATE, IN COORDINATION WITH EACH INCARCERATED 8
INDIVIDUAL ENTERING RESTRICTIVE HOUSING , STRATEGIES DESIGNED TO RETURN 9
THE INDIVIDUAL TO TH E GENERAL POPULATION IN THE LEAST AMOUNT OF TIME; 10
AND 11
(6) AMEND POLICIES TO SP ECIFY THAT DISCIPLIN ARY SEGREGATION 12
IS A SANCTION OF LAS T RESORT. 13
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 14
effect January 1, 2024. 15
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 16
3 of this Act, this Act shall take effect October 1, 2023. 17