MD
Maryland Senate Bill SB459

Maryland 2023 Regular Session

Maryland Senate Bill SB459 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0459*
66
77 SENATE BILL 459
88 E5 3lr1962
99
1010 By: Senators M. Washington and Carter
1111 Introduced and read first time: February 3, 2023
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Correctional Services – Restrictive Housing – Limitations 2
1919 (Maryland Mandela Act) 3
2020
2121 FOR the purpose of requiring hearing officers and personnel involved with the supervision 4
2222 and care of individuals placed in restrictive housing to undergo certain training; 5
2323 establishing guidelines and procedures for the placement of incarcerated individuals 6
2424 in certain types of restrictive housing or disciplinary segregation; requiring each 7
2525 correctional facility to create a monthly report containing certain information about 8
2626 individuals placed in restrictive housing and to publish the report on the facility’s 9
2727 website; and generally relating to restrictive housing. 10
2828
2929 BY repealing and reenacting, without amendments, 11
3030 Article – Correctional Services 12
3131 Section 9–614(a)(1) 13
3232 Annotated Code of Maryland 14
3333 (2017 Replacement Volume and 2022 Supplement) 15
3434
3535 BY repealing and reenacting, with amendments, 16
3636 Article – Correctional Services 17
3737 Section 9–614(a)(3) 18
3838 Annotated Code of Maryland 19
3939 (2017 Replacement Volume and 2022 Supplement) 20
4040
4141 BY adding to 21
4242 Article – Correctional Services 22
4343 Section 9–614(a)(4), 9–614.3, and 9–614.4 23
4444 Annotated Code of Maryland 24
4545 (2017 Replacement Volume and 2022 Supplement) 25
4646
4747 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
4848 That the Laws of Maryland read as follows: 27 2 SENATE BILL 459
4949
5050
5151
5252 Article – Correctional Services 1
5353
5454 9–614.3. 2
5555
5656 (A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 3
5757 IN § 9–614 OF THIS SUBTITLE. 4
5858
5959 (B) (1) ALL PERSONNEL INVOLVE D IN THE SUPERVISION AND CARE OF 5
6060 INDIVIDUALS PLACED IN RESTRICTIV E HOUSING SHALL COMP LETE AT LEAST 40 6
6161 HOURS OF TRAINING , INCLUDING TRAINING O N TRAUMA–INFORMED CARE , BEFORE 7
6262 BEING ASSIGNED TO A RESTRICTIVE HOUSING UNIT, AND SHALL RECEIVE AT LEAST 8
6363 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 9
6464
6565 (2) A HEARING OFFICER SHALL COMP LETE AT LEAST 40 HOURS OF 10
6666 TRAINING, INCLUDING TRAINING O N TRAUMA–INFORMED CARE , THE PHYSICAL AND 11
6767 PSYCHOLOGICAL EFFECT S OF RESTRICTIVE HOU SING, PROCEDURAL AND DUE 12
6868 PROCESS RIGHTS OF IN CARCERATED INDIVIDUA LS, AND RESTORATIVE JUST ICE 13
6969 REMEDIES, PRIOR TO PRESIDING O VER ANY HEARINGS AND SHALL RECEIVE AT 14
7070 LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY . 15
7171
7272 (C) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT OVERTIME 16
7373 COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 17
7474 TRAINING UNDE R THIS SECTION. 18
7575
7676 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
7777 as follows: 20
7878
7979 Article – Correctional Services 21
8080
8181 9–614. 22
8282
8383 (a) (1) In this section the following words have the meanings indicated. 23
8484
8585 (3) (i) “Restrictive housing” means [a form of physical separation that 24
8686 has not been requested by the inmate in which the inmate is placed in a locked room or cell 25
8787 for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 26
8888 THAT SEPARATES INCAR CERATED INDIVIDUALS FROM THE G ENERAL PRISON 27
8989 POPULATION OR THAT I MPOSES RESTRICTIONS ON PROGRAMS , SERVICES, 28
9090 INTERACTIONS WITH OT HER INCARCERATED IND IVIDUALS, OR OTHER CONDITIONS 29
9191 OF CONFINEMENT . 30
9292
9393 (ii) “Restrictive housing” includes: 31
9494
9595 1. administrative segregation [and]; 32 SENATE BILL 459 3
9696
9797
9898
9999 2. disciplinary segregation; AND 1
100100
101101 3. RESIDENTIAL REHABILI TATION UNITS, IF SEPARATE 2
102102 HOUSING IS USED FOR THERAPY, TREATMENT , AND REHABILITATIVE 3
103103 PROGRAMMING . 4
104104
105105 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 5
106106 PARAGRAPH , “RESTRICTIVE HOUSING ” DOES NOT INCLUDE A RESIDENTIA L 6
107107 REHABILITATION UNIT . 7
108108
109109 (4) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 8
110110 HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING 9
111111 AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED IND IVIDUALS 10
112112 OR FOR INCARCERATED INDIVIDUALS WHO REQU IRE SEPARATE HOUSING 11
113113 FOLLOWING THEIR PLAC EMENT IN RESTRICTIVE HOUSING. 12
114114
115115 9–614.4. 13
116116
117117 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
118118 INDICATED. 15
119119
120120 (2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 16
121121 OF RESTRICTIVE HOU SING THAT REMOVES AN INDIVIDUAL FROM THE GENERAL 17
122122 POPULATION OF THE CO RRECTIONAL FACILITY FOR: 18
123123
124124 (I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON S 19
125125 RESULTING FROM A SUB STANTIAL AND IMMEDIA TE THREAT; OR 20
126126
127127 (II) TRANSITIONAL REASONS , INCLUDING A PENDING 21
128128 TRANSFER, PENDING CLASSIFICATI ON, OR OTHER TEMPORARY A DMINISTRATIVE 22
129129 MATTER. 23
130130
131131 (3) “DISCIPLINARY SEGREGAT ION” MEANS A FORM OF PHYS ICAL 24
132132 SEPARATION IMPOSED I N RESPONSE TO AN IND IVIDUAL BEING FOUND GUILTY BY A 25
133133 HEARING OFFICER OF V IOLATING DEPARTMENT RULES , INSTITUTIONAL RULES , OR 26
134134 BOTH. 27
135135
136136 (4) “PROTECTIVE CUSTODY ” MEANS CUSTODIAL COND ITIONS 28
137137 PROVIDED TO AN INCAR CERATED INDIVIDUAL A T THE REQUEST OF THE 29
138138 INCARCERATED INDIVID UAL OR THROUGH A STA FF DETERMINATION THA T THE 30
139139 INCARCERATED INDIVID UAL REQUIRES PROTECT ION. 31
140140 4 SENATE BILL 459
141141
142142
143143 (5) “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 9–614 1
144144 OF THIS SUBTITLE. 2
145145
146146 (6) “SERIOUS MENTAL ILLNES S” MEANS A MENTAL DISOR DER THAT: 3
147147
148148 (I) IS MANIFEST IN AN IN DIVIDUAL AT LEAST 18 YEARS OLD; 4
149149
150150 (II) IS DIAGNOSED , ACCORDING TO A CURRE NT DIAGNOST IC 5
151151 CLASSIFICATION SYSTE M RECOGNIZED BY THE SECRETARY, AS: 6
152152
153153 1. SCHIZOPHRENIC DISORD ER; 7
154154
155155 2. MAJOR AFFECTIVE DISO RDER; 8
156156
157157 3. ANOTHER PSYCHOTIC DI SORDER; OR 9
158158
159159 4. BORDERLINE OR SCHIZO TYPAL PERSONALITY 10
160160 DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS RE PEATED 11
161161 CRIMINAL OR OTHERWIS E ANTISOCIAL CONDUCT ; 12
162162
163163 (III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 13
164164 CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 14
165165
166166 (IV) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 15
167167
168168 1. INABILITY TO MAINTAIN EMPLOYMENT ; 16
169169
170170 2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENT IONS 17
171171 BY THE MENTAL HEALTH SYSTEM; 18
172172
173173 3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 19
174174 SUPPORT LIVING IN TH E COMMUNITY DUE TO C OGNITIVE DISORGANIZA TION; 20
175175
176176 4. SEVERE INABILITY TO ESTABLISH OR MAINTAIN A 21
177177 PERSONAL SUPPORT SYS TEM; OR 22
178178
179179 5. NEED FOR ASSISTANCE WITH BASIC LIVING SK ILLS. 23
180180
181181 (7) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 24
182182
183183 (I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 25
184184
185185 (II) HAS A DEVELOPMENTAL DISABILITY; 26 SENATE BILL 459 5
186186
187187
188188
189189 (III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MENTAL 1
190190 ILLNESS; 2
191191
192192 (IV) HAS A SERIOUS MEDICA L CONDITION THAT CAN NOT 3
193193 EFFECTIVELY BE TREAT ED IN ISOLATED CONFI NEMENT; 4
194194
195195 (V) IS PREGNANT , IS IN THE POSTPARTUM PERIOD, OR HAS 5
196196 RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 6
197197
198198 (VI) HAS A SIGNIFICANT AU DITORY OR VISUAL IMP AIRMENT; OR 7
199199
200200 (VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN , GAY, 8
201201 BISEXUAL, TRANSGENDER , GENDER NONCONFORMING , OR INTERSEX. 9
202202
203203 (B) A VULNERABLE INDIVIDUA L MAY NOT BE PLACED IN RESTRICTIV E 10
204204 HOUSING. 11
205205
206206 (C) AN INDIVIDUAL MAY NOT BE PLACED IN RESTRIC TIVE HOUSING BASED 12
207207 SOLELY ON: 13
208208
209209 (1) CONFIDENTIAL INFORMA TION CONSIDERED BY T HE FACILITY 14
210210 STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 15
211211 REQUIRED RECORDS ; 16
212212
213213 (2) GANG OR ENEMY AFFILI ATION; OR 17
214214
215215 (3) PROTECTION OF THE IN DIVIDUAL FROM THE RE ST OF THE 18
216216 DETAINED POPULATION OR A LIKELY ABUSER . 19
217217
218218 (D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 20
219219 ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 21
220220 IS PROVIDED THE FOLL OWING INFORMATION , IN A LANGUAGE OR MAN NER THE 22
221221 INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 23
222222 PLACEMENT IN RESTRIC TIVE HOUSING: 24
223223
224224 (1) NOTICE OF THE FACTS AND CIRCUMSTANCES TH AT LED TO 25
225225 PLACING THE INDIVIDU AL IN RESTRICTIVE HOUSING ; 26
226226
227227 (2) A STATEMENT THAT A L ESS RESTRICTIVE INTE RVENTION WOULD 27
228228 BE INSUFFICIENT TO R EDUCE RISK; 28
229229
230230 (3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 29 6 SENATE BILL 459
231231
232232
233233 THE INDIVIDUAL ; 1
234234
235235 (4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 2
236236 ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 3
237237
238238 (5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 4
239239 THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 5
240240 FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 6
241241 SENSITIVE SECURITY INFORMATION ; AND 7
242242
243243 (6) AN EXPLANATION OF TH E PROCESS TO APPEAL THE INITIAL 8
244244 PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 9
245245 RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 10
246246
247247 (E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PR OVIDED THE 11
248248 OPPORTUNITY TO CONTE ST THE RESTRICTIVE H OUSING PLACEMENT IN AN 12
249249 ADMINISTRATIVE HEARI NG WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 13
250250 EVERY 15 DAYS THEREAFTER , IN THE ABSENCE OF EX CEPTIONAL CIRCUMSTAN CES, 14
251251 UNAVOIDABLE DELAYS , OR REASONABLE POSTPO NEMENTS. 15
252252
253253 (2) THE INCARCERATED INDI VIDUAL SHALL HAVE TH E RIGHT TO 16
254254 APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 17
255255 INDIVIDUAL’S CHOOSING AND AT TH E INDIVIDUAL ’S OWN EXPENSE AT ALL 18
256256 HEARINGS CONDUCTED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 19
257257
258258 (3) IF AN INDIVIDUAL IS P LACED IN RESTRICTIVE HOUSING DUE TO 20
259259 EMERGENCY CIRCUMSTAN CES, A REVIEW HEARING SHA LL BE CONDUCTED AS S OON 21
260260 AS POSSIBLE AFTER TH E INITIAL PLACEMENT . 22
261261
262262 (F) (1) IF AN INDIVIDUAL IN R ESTRICTIVE HOUSING D ISPUTES A 23
263263 DECISION MADE BY A F ACILITY STAFF MEMBER OR FACI LITY MEDICAL 24
264264 PROFESSIONAL REGARDI NG THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 25
265265 INDIVIDUAL, THE INDIVIDUAL MAY R EQUEST AND RECEIVE A SECONDARY REVIEW 26
266266 OF THE DETERMINATION BY THE MANAGING OFFI CIAL OR CHIEF PHYSIC IAN, AS 27
267267 APPROPRIATE . 28
268268
269269 (2) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED OR 29
270270 RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 30
271271 PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIA L OR CHIEF 31
272272 PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 32
273273 FOR CONFINEMENT . 33
274274
275275 (G) (1) AN INCARCERATED INDIV IDUAL MAY NOT BE SUB JECT TO 34 SENATE BILL 459 7
276276
277277
278278 ADMINISTRATIVE SEGRE GATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 1
279279
280280 (2) (I) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED IN 2
281281 RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS U NLESS THE 3
282282 COMMISSIONER OF CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A 4
283283 WRITTEN DECISION , FOLLOWING AN EVIDENT IARY HEARING, THAT STATES BASED 5
284284 ON SPECIFIC OBJECTIV E CRITERIA THAT: 6
285285
286286 1. THE INCARCERATED IND IVIDUAL: 7
287287
288288 A. COMMITTED AN ACT CAU SING SERIOUS INJURY TO OR 8
289289 DEATH OF ANOTHER ; 9
290290
291291 B. COMMITTED SEXUAL ASS AULT; 10
292292
293293 C. COMMITTED EXTORTION ; 11
294294
295295 D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 12
296296 VIOLATE RULES OF THE FACILITY; 13
297297
298298 E. LED OR INCITED A RIO T; OR 14
299299
300300 F. PROCURED DEADLY WEAP ONS OR OTHER 15
301301 CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 16
302302
303303 2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 17
304304 PLACEMENT IN THE GEN ERAL POPULATION WOUL D CREATE A SIGNIFICA NT RISK OF 18
305305 IMMINENT SERIOUS PHY SICAL INJURY. 19
306306
307307 (II) AN INCARCERATED INDIV IDUAL MAY NOT BE PLACED IN 20
308308 RESTRICTIVE HOUSING FOR MORE THAN 60 DAYS IN A 365–DAY PERIOD. 21
309309
310310 (H) (1) AN INCARCERATED INDIV IDUAL WHO HAS BEEN F OUND GUILTY 22
311311 OF AN INFRACTION THA T IS INCLUDED IN ANY INFRACTION CATEGORY OTHER THAN 23
312312 THE MOST SERIOUS CAT EGORY MAY NOT BE SUB JECT TO MORE THAN A VERBA L 24
313313 WARNING FOR A FIRST INFRACTION. 25
314314
315315 (2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLIN ARY 26
316316 SEGREGATION ONLY IF THE INDIVIDUAL IS FO UND GUILTY OF AN INF RACTION THAT 27
317317 IS INCLUDED IN THE M OST SERIOUS INFRACTI ON CATEGORY . 28
318318
319319 (II) FOR A FIRST INFRACTION INCLUDED IN THE MOST SERIOUS 29
320320 INFRACTION CATEGORY , AN INDIVIDUAL MAY NO T BE SUBJECT TO MORE THAN 15 30 8 SENATE BILL 459
321321
322322
323323 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 1
324324
325325 (III) FOR A SECOND INFRACTI ON INCLUDED IN THE M OST 2
326326 SERIOUS INFRACTION C ATEGORY, AN INDIVIDUAL MAY NOT BE SUBJECT T O MORE 3
327327 THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 4
328328
329329 (IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATI VE 5
330330 SEGREGATION FOR AN I NVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 6
331331 DURING THE INVESTIGA TION OF AN INFRACTIO N INCLUDED IN THE MOST SERIOUS 7
332332 INFRACTION CATEGORY ALLEGEDLY COMMITTED BY THE INDIVIDUAL , THE 8
333333 CUMULATIVE TIME THAT THE INDIVIDUAL MAY B E HELD IN BOTH ADMIN ISTRATIVE 9
334334 AND DISCIPLINARY SEG REGATION MAY NOT EXC EED 15 DAYS FOR A FIRST 10
335335 INFRACTION AND 30 DAYS FOR A SECOND IN FRACTION. 11
336336
337337 (I) (1) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 12
338338 BE PROVIDED WITH WEE KLY COMPREHENSIVE PH YSICAL AND MENTAL HE ALTH 13
339339 ASSESSMENTS BY A MUL TIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 14
340340
341341 (I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 15
342342
343343 (II) AT LEAST ONE MEDICAL PROFESSIONAL ; AND 16
344344
345345 (III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 17
346346 FACILITY. 18
347347
348348 (2) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 19
349349 BE PROVIDED WITH THE SAME SERVICES AND AC CESS THAT ARE PROVIDED TO 20
350350 INCARCERATED INDIVID UALS NOT IN RESTRICT IVE HOUSING, INCLUDING: 21
351351
352352 (I) NO LIMITATIONS ON SE RVICES, TREATMENTS , OR BASIC 22
353353 NEEDS SUCH AS FOOD , CLOTHING, AND BEDDING ; 23
354354
355355 (II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 24
356356 PUNISHMENT ; 25
357357
358358 (III) ACCESS TO CA SE MANAGEMENT , CLERGY, AND MENTAL 26
359359 HEALTH PROFESSIONALS ; AND 27
360360
361361 (IV) MAXIMIZED ACCESS TO RECREATION , EDUCATION, READING 28
362362 MATERIALS, AND PROGRAMMING . 29
363363
364364 (3) AN INCARCERATED INDIV IDUAL SHALL BE OFFER ED 30
365365 PROGRAMMING LED BY P ROGRAM OR THERAPEUTI C STAFF COMPARABL E TO THE 31 SENATE BILL 459 9
366366
367367
368368 PROGRAMMING OFFERED TO INCARCERATED INDI VIDUALS NOT IN RESTR ICTIVE 1
369369 HOUSING. 2
370370
371371 (4) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 3
372372 SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 4
373373 INCLUDING AT LEAST 1 HOUR FOR RECREATION . 5
374374
375375 (II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 6
376376 THIS SUBPARAGRAPH , OUT–OF–CELL TIME MAY INCLUD E PEER–LED PROGRAMS , 7
377377 TIME IN A DAY ROOM O R RECREATION AREA WI TH OTHER INDIVIDUALS , 8
378378 CONGREGATE MEALS , VOLUNTEER PROGRAMS , OR OTHER CONGREGATE 9
379379 ACTIVITIES. 10
380380
381381 2. IF THE FACILITY ADMIN ISTRATOR OR MEDICAL OR 11
382382 MENTAL HEALTH PROFES SIONAL DETERMINES TH AT AN INDIVIDUAL POS ES AN 12
383383 EXTRAORDINARY AND UN ACCEPTABLE RISK OF I MMINENT PHYSICAL HAR M TO THE 13
384384 SAFETY OR SECURITY O F OTHER INCARCERATED INDIVIDUALS OR STAFF , THE 14
385385 FACILITY SHALL PROVIDE THE INDIVIDUAL WITH THE REQUIRED OUT –OF–CELL 15
386386 TIME IN AN APPROPRIA TE MANNER THAT PROVI DES ACCESS TO STAFF –BASED 16
387387 PROGRAMMING AND CONT ACT WITH PERSONS OTH ER THAN CORRECTIONAL 17
388388 FACILITY STAFF. 18
389389
390390 3. A FACILITY SHALL DOCUM ENT ANY PROGRAM 19
391391 RESTRICTIONS IT IMPOS ES IN WRITING , INCLUDING THE BASIS FOR LIMITING 20
392392 ACCESS TO CONGREGATE PROGRAMMING AND A DE SCRIPTION OF WHY THE 21
393393 INDIVIDUAL CURRENTLY POSES AN EXTRAORDINA RY AND UNACCEPTABLE RISK OF 22
394394 IMMINENT PHYSICAL HA RM TO THE SAFETY OR SECURITY OF INCAR CERATED 23
395395 PERSONS OR STAFF AND PROVIDE A COPY TO TH E INCARCERATED INDIV IDUAL. 24
396396
397397 (III) A FACILITY MAY NOT CON DUCT OUT –OF–CELL 25
398398 PROGRAMMING OPPORTUN ITIES IN A SMALLER C AGE OR THERAPY MODUL E. 26
399399
400400 (IV) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 27
401401 MAY NOT BE CONSIDERED OUT –OF–CELL PROGRAMMING . 28
402402
403403 (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
404404 FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL 30
405405 INVOLUNTARILY PLACED IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 31
406406
407407 (2) IF AN INDIVIDUAL INVO LUNTARILY PLACED IN RESTRICTIVE 32
408408 HOUSING IS DEMONSTRA TING UNUSUAL BEHAVIO R OR HAS INDICATED S UICIDALITY 33
409409 OR SELF–HARM, THE FACILITY SHALL M ONITOR THE INDIVIDUA L EVERY 15 34
410410 MINUTES, OR MORE FREQUENTLY I F RECOMMENDED BY A M EDICAL OR MENTAL 35 10 SENATE BILL 459
411411
412412
413413 HEALTH PROFESSIONAL . 1
414414
415415 (3) AN INDIVIDUAL INVOLUN TARILY PLACED IN RES TRICTIVE 2
416416 HOUSING SHALL BE ASS ESSED BY A MEDICAL O R MENTAL HEALTH PROF ESSIONAL 3
417417 WITHIN 24 HOURS OF PLACEMENT A ND BY A MENTAL HEALT H PROFESSIONAL EVERY 4
418418 48 HOURS THEREAFTER . 5
419419
420420 (K) RESTRAINTS M AY NOT BE USED ON AN INCARCERATED INDIVID UAL 6
421421 PLACED IN RESTRICTIV E HOUSING, IN THE PROCESS OF BE ING PLACED IN OR 7
422422 RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 8
423423 OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 9
424424 OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 10
425425 RESTRAINTS ARE REQUI RED DUE TO AN EXTRAO RDINARY AND UNACCEPT ABLE RISK 11
426426 OF IMMINENT PHYSICAL HARM TO THE SAFETY O R SECURITY OF INCARC ERATED 12
427427 INDIVIDUALS OR STAFF . 13
428428
429429 (L) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEG REGATED 14
430430 HOUSING FOR MEDICAL PURPOSES, SUBJECT TO THE FOLLO WING LIMITATIONS : 15
431431
432432 (I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 16
433433 FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 17
434434 INFECTION; 18
435435
436436 (II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 19
437437 FEDERAL PUBLIC HEALT H GUIDANCE; AND 20
438438
439439 (III) A LICENSED PHYSICIAN OR NURSE PRACTITIONE R HAS 21
440440 PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 22
441441
442442 (2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 23
443443 HOUSING FOR MEDICAL PURPOSES SHALL BE ALLOWED TO PARTICIPA TE IN 24
444444 PROGRAMS AND SERVICE S, SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 25
445445 SECURITY OF THE INDI VIDUAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 26
446446 STAFF, VISITORS, AND THE PUBLIC . 27
447447
448448 (M) (1) IF AN INCARCERATED IN DIVIDUAL FEARS FOR T HE INDIVIDUAL’S 28
449449 SAFETY, THE FACILITY SHALL T RANSFER THE INDIVIDU AL TO MORE APPROPRIA TE 29
450450 HOUSING OTHER THAN R ESTRICTIVE HOUSING , INCLUDING A SINGLE C ELL, A 30
451451 DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 31
452452
453453 (2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSI NG UNDER 32
454454 PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GRANTED FULL ACCESS TO 33
455455 OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 34 SENATE BILL 459 11
456456
457457
458458 REST OF THE DETAINED POPULATION . 1
459459
460460 (N) THE DECISION TO REMOV E ANY PERSONAL ITEMS FROM AN 2
461461 INCARCERATED INDIVID UAL PLACED IN RESTRICTIVE H OUSING OR TO RESTRICT 3
462462 THE INDIVIDUAL ’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE 4
463463 HOUSING SHALL BE MAD E BY THE MANAGING OF FICIAL OR DESIGNEE O F THE 5
464464 MANAGING OFFICIAL BE FORE THE INCARCERATE D INDIVIDUAL ’S MOVE TO 6
465465 RESTRICTIVE HOUS ING OR AS SOON AS PO SSIBLE AFTER. 7
466466
467467 (O) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N ADMINISTRATIVE 8
468468 SEGREGATION OR PROTE CTIVE CUSTODY MAY NO T BE NOTED IN THE 9
469469 INCARCERATED INDIVID UAL’S BASE FILE OR INSTI TUTIONAL RECORD IF T HE 10
470470 NOTATION WOULD SERVE TO INTERRUPT THE INCARCERATED IND IVIDUAL’S 11
471471 PROGRAMMING ELIGIBIL ITY, PAROLE CONSIDERATION S, SECURITY STATUS 12
472472 CHANGES, OR OTHER OPPORTUNITI ES. 13
473473
474474 (P) (1) EACH CORRECTIONAL FAC ILITY SHALL CREATE A MONTHLY 14
475475 REPORT STATING THE T OTAL NUMBER OF INDIV IDUALS HELD IN RESTR ICTIVE 15
476476 HOUSING IN THE PRECE DING MONTH , THE LENGTH OF TIME T HOSE INDIVIDUALS 16
477477 HAVE BEEN HELD IN RE STRICTIVE HOUSING , AND DEMOGRAPHIC INFO RMATION 17
478478 FOR THOSE INDIVIDUAL S, INCLUDING AGE , RACE, AND GENDER . 18
479479
480480 (2) A CORRECTIONAL FACILIT Y SHALL POST THE REP ORTS 19
481481 REQUIRED U NDER PARAGRAPH (1) OF THIS SUBSECTION T O THE CORRECTIONAL 20
482482 FACILITY’S WEBSITE. 21
483483
484484 (Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 22
485485 REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 23
486486 STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO : 24
487487
488488 (1) IMPROVE THE CONDITIO NS OF CONFINEMENT IN RESTRICTIVE 25
489489 HOUSING BY ALLOWING OPPORTUNITIES FOR OU T–OF–CELL TIME AND 26
490490 CONGREGATE ACTIVITY , PROVIDING INCARCERAT ED INDIVIDUALS IN RE STRICTIVE 27
491491 HOUSING DAILY OUTDOO R RECREATION TIME , AND CREA TING MORE 28
492492 OPPORTUNITIES FOR PR ODUCTIVE IN–CELL ACTIVITIES; 29
493493
494494 (2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 30
495495 DISCIPLINARY SANCTIO NS; 31
496496
497497 (3) ELIMINATE RESTRICTIV E HOUSING SANCTIONS FOR MINOR 32
498498 VIOLATIONS; 33
499499
500500 (4) CREATE DE–ESCALATION SPACES AN D ESTABLISH A SYSTEM THAT 34 12 SENATE BILL 459
501501
502502
503503 ALLOWS INCARCERATED INDIVIDUALS IN RESTR ICTIVE HOUSING TO AC CESS THOSE 1
504504 SPACES FOR MEANINGFU L PERIODS OF TIME ; 2
505505
506506 (5) CREATE, IN COORDINATION WITH EACH INCARCERATED 3
507507 INDIVIDUAL ENTERING RESTRICTIVE HOUS ING, STRATEGIES DESIGNED TO RETURN 4
508508 THE INDIVIDUAL TO TH E GENERAL POPULATION IN THE LEAST AMOUNT OF TIME; 5
509509 AND 6
510510
511511 (6) AMEND POLICIES TO SP ECIFY THAT DISCIPLIN ARY SEGREGATION 7
512512 IS A SANCTION OF LAS T RESORT. 8
513513
514514 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
515515 effect January 1, 2024. 10
516516
517517 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 11
518518 3 of this Act, this Act shall take effect October 1, 2023. 12