EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1144*
HOUSE BILL 1144
E5 4lr2975
CF SB 1085
By: Delegates Phillips, Crutchfield, Kaufman, Lehman, J. Long, Pasteur, Taveras,
and White Holland
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Corrections – Segregated Housing – Limitations 2
FOR the purpose of altering a reporting requirement for correctional units relating to 3
restrictive housing; requiring hearing officers and personnel involved in the 4
supervision and care of individuals placed in restrictive housing to undergo certain 5
training; establishing guidelines and procedures for the placement of incarcerated 6
individuals in certain types of segregated housing; and generally relating to 7
segregated housing. 8
BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 9–614 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Correctional Services 15
Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10.16
Restrictive Housing in State Correctional Facilities” 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Correctional Services 22
9–614. 23
2 HOUSE BILL 1144
(a) (1) In this section the following words have the meanings indicated. 1
(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNIT IVE FORM 2
OF PHYSICAL SEPARATI ON OF AN INCARCERATE D INDIVIDUAL FROM TH E GENERAL 3
POPULATION OF A CORRECTIONAL FACILIT Y FOR A PERIOD OF 17 HOURS OR LESS 4
OUT OF A 24–HOUR PERIOD . 5
(3) “Correctional unit” has the meaning stated in § 2–401 of this article. 6
(4) “DISCIPLINARY SEGREGAT ION” MEANS A PUNITIVE FORM OF 7
PHYSICAL SEPARATION OF AN INCARCERATED I NDIVIDUAL FR OM THE GENERAL 8
POPULATION OF A CORR ECTIONAL FACILITY FO R A PERIOD OF 17 HOURS OR LESS 9
OUT OF A 24–HOUR PERIOD . 10
(5) “RESIDENTIAL REHABILIT ATION UNIT” MEANS SEPARATE 11
HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING : 12
(I) AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR AN 13
INCARCERATED INDIVID UAL; OR 14
(II) FOR AN INCARCERATED INDIVIDUAL WHO REQUI RES 15
SEPARATE HOUSING FOL LOWING PLACEMENT IN RESTRIC TIVE HOUSING. 16
[(3) (i)] (6) “Restrictive housing” means [a] ANY form of physical 17
separation [that has not been requested by the incarcerated individual] in which [the] AN 18
incarcerated individual is placed in a locked room or cell for [approximately 22 hours or 19
more] MORE THAN 17 HOURS out of a 24–hour period. 20
[(ii) “Restrictive housing” includes administrative segregation and 21
disciplinary segregation.] 22
(7) “SERIOUS MENTAL ILLNES S” HAS THE MEANING STAT ED IN § 23
10–1003 OF THIS ARTICLE. 24
(b) (1) On or before December 31 each year, each correctional unit shall submit 25
data FOR THE PRECEDING YE AR to the Governor’s Office of Crime Prevention, Youth, and 26
Victim Services showing, by correctional unit AND DISAGGREGATED BY AGE, RACE, 27
GENDER, CLASSIFICATION OF HO USING, AND BASIS FOR PLACEM ENT: 28
(i) the total population of the correctional unit; 29
(ii) the number of incarcerated individuals who have been placed in: 30
1. restrictive housing [during the preceding year by age, 31 HOUSE BILL 1144 3
race, gender, classification of housing, and the basis for the incarcerated individual’s 1
placement in restrictive housing]; 2
2. ADMINISTRATIVE SEGRE GATION; AND 3
3. DISCIPLINARY SEGREGA TION; 4
(iii) the number of incarcerated individuals with serious mental 5
illness that were placed in: 6
1. restrictive housing [during the preceding year]; 7
2. ADMINISTRATIVE SEGRE GATION; AND 8
3. DISCIPLINARY SEGREGA TION; 9
(iv) [the definition of “serious mental illness” used by the correctional 10
unit in making the report; 11
(v)] the number of incarcerated individuals known to be pregnant 12
when placed in: 13
1. restrictive housing [during the preceding year]; 14
2. ADMINISTRATIVE SEGRE GATION; AND 15
3. DISCIPLINARY SEGREGA TION; 16
[(vi)] (V) the average and median lengths of stay in: 17
1. restrictive housing [of the incarcerated individuals placed 18
in restrictive housing during the preceding year]; 19
2. ADMINISTRATIVE SEGRE GATION; AND 20
3. DISCIPLINARY SEGREGA TION; 21
[(vii)] (VI) the number of incidents of death, self–harm, and attempts 22
at self–harm by incarcerated individuals in: 23
1. restrictive housing [during the preceding year]; 24
2. ADMINISTRATIVE SEGRE GATION; AND 25
4 HOUSE BILL 1144
3. DISCIPLINARY SEGREGA TION; 1
[(viii)] (VII) the number of incarcerated individuals released [from 2
restrictive housing directly into the community during the preceding year] DIRECTLY 3
INTO THE COMMUNITY F ROM: 4
1. RESTRICTIVE HOUSING ; 5
2. ADMINISTRATIVE SEGRE GATION; AND 6
3. DISCIPLINARY SEGREGATION ; 7
(VIII) FOR EACH VULNERABLE INDI VIDUAL WITH A SERIOU S 8
MENTAL ILLNESS WHO W AS PLACED IN RESTRICTIV E HOUSING IN A STATE 9
CORRECTIONAL FACILIT Y: 10
1. THE MENTAL HEALTH CO NDITION THAT THE 11
INDIVIDUAL SUFFERED FROM; AND 12
2. THE LENGTH OF TI ME THE INDIVIDUAL WA S PLACED 13
IN RESTRICTIVE HOUSI NG; 14
(IX) STEPS TAKEN TO : 15
1. IMPROVE THE CONDITIO NS OF CONFINEMENT IN 16
RESTRICTIVE HOUSING BY ALLOWING OPPORTUN ITIES FOR: 17
A. OUT–OF–CELL TIME; 18
B. CONGREGATE ACTIVITY ; 19
C. DAILY OUTDOOR RECREATIONAL TIME ; AND 20
D. PRODUCTIVE IN –CELL ACTIVITIES; 21
2. LIMIT THE NUMBER OF VIOLATIONS THAT MAY 22
RESULT IN SANCTIONS; 23
3. CREATE DE–ESCALATION SPACES AN D ESTABLISH A 24
SYSTEM THAT ALLOWS I NCARCERATED INDIVIDU ALS IN RESTRICTIVE H OUSING TO 25
ACCESS THOSE SPACES FOR MEANINGFUL PERIODS O F TIME; 26
4. CREATE, IN COORDINATION WITH EACH 27 HOUSE BILL 1144 5
INCARCERATED INDIVID UAL PLACED IN RESTRICTIV E HOUSING, STRATEGIES 1
DESIGNED TO RETURN T HE INDIVIDUAL TO THE GENERAL POPULATION I N THE 2
LEAST AMOUNT OF TIME ; 3
5. AMEND POLICIES TO SPEC IFY THAT RESTRICTIVE 4
HOUSING IS A SANCTIO N OF LAST RESORT ; AND 5
6. ADOPT THE USE OF RES IDENTIAL REHABILITAT ION 6
UNITS; 7
[(ix)] (X) any other data the correctional unit considers relevant to 8
the use of restrictive housing, ADMINISTRATIVE SEGRE GATION, AND DISCIPLINARY 9
SEGREGATION by correctional facilities in the State; and 10
[(x)] (XI) any changes to written policies or procedures at each 11
correctional unit relating to the use and conditions of restrictive housing, [including steps 12
to reduce reliance on restrictive housing] ADMINISTRATIVE SEGRE GATION, AND 13
DISCIPLINARY SEGREGA TION. 14
(2) The Governor’s Office of Crime Prevention, Youth, and Victim Services 15
shall make the information submitted in accordance with paragraph (1) of this subsection 16
available on its website and, when the information has been received from every 17
correctional unit in accordance with paragraph (1) of this subsection, promptly submit the 18
information in a report to the General Assembly, in accordance with § 2–1257 of the State 19
Government Article. 20
SUBTITLE 10. RESTRICTIVE HOUSING IN STATE CORRECTIONAL FACILITIES. 21
10–1001. 22
IN THIS SUBTITLE, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 23
9–614 OF THIS ARTICLE. 24
10–1002. 25
(A) (1) ALL PERSONNEL INVOLVED IN THE SUPE RVISION AND CARE OF 26
INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL: 27
(I) COMPLETE AT LEAST 16 HOURS OF TRAINING , INCLUDING 28
TRAINING ON TRAUMA –INFORMED CARE , BEFORE BEING ASSIGNE D TO A 29
RESTRICTIVE HOUSING UNIT; AND 30
(II) RECEIVE AT LEAST 4 HOURS OF ADDITIONAL TRAINING 31
ANNUALLY. 32 6 HOUSE BILL 1144
(2) A HEARING OFFICER SHAL L: 1
(I) COMPLETE AT LEAST 8 HOURS OF TRAINING , INCLUDING 2
TRAINING ON TRAUMA –INFORMED CARE , THE PHYSICAL AND PSY CHOLOGICAL 3
EFFECTS OF RESTRICTI VE HOUSING, PROCEDURAL AND DUE PROCESS RIGH TS OF 4
INCARCERATED INDIVID UALS, AND RESTORATIVE JUST ICE REMEDIES , PRIOR TO 5
PRESIDING OVER ANY H EARINGS; AND 6
(II) RECEIVE AT LEAST 4 HOURS OF ADDITIONAL TRAINING 7
ANNUALLY. 8
(B) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT OVERTIME 9
COMPENSATION FOR PER SONNEL AND HEARING O FFICERS REQUIRED TO ATTEND 10
TRAINING UNDER THIS SECTION. 11
10–1003. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “SERIOUS MENTAL ILLNES S” MEANS A MENTAL DISOR DER THAT: 15
(I) IS DIAGNOSED , ACCORDING TO A CURRE NT DIAGNOSTIC 16
CLASSIFICATION SYSTE M RECOGNIZED BY THE SECRETARY, AS: 17
1. SCHIZOPHRENIC DISORD ER; 18
2. MAJOR AFFECTIVE DISO RDER; 19
3. ANOTHER PSYCHOTIC DI SORDER; OR 20
4. BORDERLINE OR SCHIZO TYPAL PERSONALIT Y 21
DISORDER, EXCLUDING AN ABNORMA LITY THAT MANIFESTS ONLY AS REPEATED 22
CRIMINAL OR OTHERWIS E ANTISOCIAL CONDUCT ; 23
(II) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 24
CONTINUING OR INTERM ITTENT BASIS FOR AT LEAST 2 YEARS; AND 25
(III) INCLUDES AT LEAST TH REE OF THE FOLLOWING : 26
1. INABILITY TO MAINTAI N EMPLOYMENT ; 27
HOUSE BILL 1144 7
2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENT IONS 1
BY THE MENTAL HEALTH SYSTEM; 2
3. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 3
PERSONAL SUPPORT SYS TEM; OR 4
4. NEED FOR ASSISTANCE WITH BASIC LIVING SKILLS . 5
(3) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO, 6
BECAUSE OF AGE , IDENTIFY, STATUS, DISABILITY, OR CIRCUMSTANCES , MAY BE 7
PARTICULARLY SUSCEPT IBLE TO CRIMINAL VIC TIMIZATION AND MAY F ACE SPECIAL 8
CHALLENGES IN INTERA CTIONS WITH OTHER INCARCERATED I NDIVIDUALS. 9
(B) SUBJECT TO SUBSECTION (G) OF THIS SECTION , A VULNERABLE 10
INDIVIDUAL MAY NOT B E PLACED IN RESTRICT IVE HOUSING UNLESS: 11
(1) THE VULNERABLE INDIV IDUAL IS BETWEEN AT LEAST 18 YEARS 12
OLD AND UNDER THE AGE OF 26 YEARS OR HAS A SERIOUS MENTAL ILL NESS; AND 13
(2) THE MANAGING OFFICIA L AND THE CHIEF PHYS ICIAN OF THE 14
CORRECTIONAL FACILIT Y HAVE DETERMINED , AND RECORDED IN WRIT ING THE 15
REASONS FOR DETERMIN ING, THAT: 16
(I) THE INDIVIDUAL PRESE NTS A GRAVE RISK OF HARM TO THE 17
INDIVIDUAL OR OTHERS ; AND 18
(II) RESTRICTIVE HOUSING IS THE ONLY MEANS OF ENSURING 19
THE SAFETY OF THE IN DIVIDUAL OR OTHERS F ROM THE RISK OF HARM PRESENTED 20
BY THE INDIVIDUAL . 21
(C) AN INDIVIDUAL MAY NOT BE PLACED IN RESTRIC TIVE HOUSING BASED 22
SOLELY ON: 23
(1) CONFIDENTIAL INFORMA TION CONSIDERED BY T HE FACILITY 24
STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 25
REQUIRED RECORDS ; 26
(2) GANG OR ENEMY AFFILI ATION; 27
(3) PROTECTION OF THE IN DIVIDUAL FROM THE RE ST OF THE 28
DETAINED POPULATION OR A LIKELY ABUSER ; OR 29
(4) THE INCARCERATED INDIVID UAL’S IDENTIFIED OR PERCEI VED 30 8 HOUSE BILL 1144
SEXUAL ORIENTATION O R GENDER IDENTITY . 1
(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 2
ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 3
IS PROVIDED THE FOLLOWI NG INFORMATION , IN A LANGUAGE OR MAN NER THE 4
INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 5
PLACEMENT IN RESTRIC TIVE HOUSING: 6
(1) NOTICE OF THE FACTS AND CIRCUMSTANCES TH AT LED TO 7
PLACING THE INDIVIDU AL IN RESTRICTIVE HOUSING; 8
(2) A STATEMENT OF THE REASON OR REA SONS WHY A LESS 9
RESTRICTIVE INTERVEN TION WOULD BE INSUFF ICIENT TO REDUCE RIS K; 10
(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 11
THE INDIVIDUAL ; 12
(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 13
ADMINISTRATIVE HEARI NG DATE, IF APPLICABLE; 14
(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 15
THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 16
FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 17
SENSITIVE SECURITY I NFORMATION ; AND 18
(6) AN EXPLANATION OF TH E PROCESS TO APPEAL THE INITIAL 19
PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 20
RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 21
(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVIDED TH E 22
OPPORTUNITY TO CONTE ST THE RESTRICTIVE H OUSING PLACEMENT IN AN 23
ADMINISTRATIVE HEARI NG WITHIN 70 HOURS OF THE INITIAL PLACEMENT . 24
(2) THE INCARCERATED INDI VIDUAL SHALL HAVE TH E RIGHT TO 25
APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 26
INDIVIDUAL’S CHOOSING AT THE IN DIVIDUAL’S OWN EXPENSE AT ALL HEARINGS 27
CONDUCTED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 28
(F) (1) IF AN INDIVIDUAL IN R ESTRICTIVE HOUSING D ISPUTES A 29
DECISION MADE REGARD ING THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 30
INDIVIDUAL OR THE PLACEMENT OF THE INDIVIDUAL IN RE STRICTIVE HOUSING 31
UNDER SUBSECTION (B) OF THIS SECTION , THE INDIVIDUAL MAY R EQUEST AND 32
RECEIVE A SECONDARY REVIEW OF THE DETERM INATION BY THE MANAG ING 33 HOUSE BILL 1144 9
OFFICIAL OR CHIEF PH YSICIAN, AS APPROPRIATE . 1
(2) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED OR 2
RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 3
PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIA L OR CHIEF 4
PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 5
FOR CONFINEMENT . 6
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
AN INCARCERATED INDIVID UAL MAY NOT BE SUBJE CT TO RESTRICTIVE HOUSING 8
FOR MORE THAN : 9
(I) 3 CONSECUTIVE DAYS ; OR 10
(II) 6 DAYS IN ANY 60–DAY PERIOD. 11
(2) (I) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN 12
RESTRICTIVE HOUSING FOR A PERIOD OF TIME EXCEEDING A TIME PERIOD 13
SPECIFIED IN PARAGRA PH (1) OF THIS SUBSECTION I F THE COMMISSIONER OF 14
CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A WRITTEN DECISION , 15
FOLLOWING AN EVIDENTIARY HEARI NG, THAT STATES BASED ON SPECIFIC 16
OBJECTIVE CRITERIA T HAT: 17
1. THE INCARCERATED IND IVIDUAL: 18
A. COMMITTED AN ACT CAU SING PHYSICAL INJURY TO 19
OR DEATH OF ANOTHER ; 20
B. COMMITTED SEXUAL ASS AULT; 21
C. COMMITTED EXTORTION ; 22
D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 23
VIOLATE RULES OF THE FACILITY; 24
E. LED OR INCITED A RIO T; OR 25
F. PROCURED DEADLY WEAP ONS OR OTHER 26
CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 27
2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 28
PLACEMENT IN THE GEN ERAL POPULATION WOUL D CREATE A SIGNIFICA NT RISK OF 29
IMMINENT SERIOUS PHY SICAL INJURY. 30 10 HOUSE BILL 1144
(II) IF THE COMMISSIONER OF CORRECTION OR THE 1
COMMISSIONER ’S DESIGNEE MAKES THE FINDINGS AND ISSUES THE WRITTEN 2
DECISION REQUIRED UN DER SUBPARAG RAPH (I) OF THIS PARAGRAPH , THE 3
INCARCERATED INDIVID UAL MAY NOT BE PLACE D IN RESTRICTIVE HOU SING FOR 4
MORE THAN: 5
1. 15 CONSECUTIVE DAYS ; 6
2. 18 DAYS IN ANY 60–DAY PERIOD; OR 7
3. 60 DAYS IN ANY 365–DAY PERIOD. 8
(H) (1) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 9
BE GIVEN A PHYSICAL AND MENTAL HEALTH ASSESSMENT WITHIN AT LEAST 24 10
HOURS OF THE INITIAL PLACEMENT IN RESTRIC TIVE HOUSING AND EVE RY 24 11
HOURS THEREAFTER . 12
(2) THE PHYSICAL AND MENT AL HEALTH ASSESSME NT SHALL BE 13
PERFORMED BY : 14
(I) AT LEAST ONE LICENSE D MENTAL HEALTH PROF ESSIONAL; 15
(II) AT LEAST ONE MEDICAL PROFESSIONAL ; AND 16
(III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 17
FACILITY. 18
(3) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING SHALL 19
HAVE ACCESS TO : 20
(I) EDUCATIONAL AND READ ING MATERIALS ; 21
(II) ONLINE EDUCATIONAL PROGRAM MING THAT THE 22
INDIVIDUAL WAS ENROL LED IN PRIOR TO BEING PLACED IN REST RICTIVE HOUSING ; 23
AND 24
(III) CASE MANAGEMENT , CLERGY, AND MENTAL HEALTH 25
PROFESSIONALS . 26
(4) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING MAY 27
NOT BE SUBJECT TO IMPOSITION OF ANY CH ANGE IN DIET AS A FO RM OF 28
PUNISHMENT . 29 HOUSE BILL 1144 11
(5) (I) AN INCARCERATED INDIV IDUAL IN RESTRICTIVE HOUSING 1
SHALL BE OFFERED AT LEAST 4 HOURS OF OUT –OF–CELL PROGRAMMING PER DAY, 2
INCLUDING: 3
1. AT LEAST 1 HOUR FOR RECREATION ; AND 4
2. AT LEAST 1 HOUR FOR SHOWERING , USE OF A 5
TELEPHONE , OR CONTACT VISITATIO N. 6
(II) TIME SPENT ON HOUSEKE EPING OR IN PAID EMP LOYMENT 7
MAY NOT BE CONSIDERE D OUT–OF–CELL PROGRAMMING . 8
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 9
FACILITY SHALL CONDU CT AN EXTERNAL VISUA L CHECK ON AN INDIVI DUAL PLACED 10
IN RESTRICTIVE HOUSI NG AT LEAST TWICE PE R SHIFT. 11
(2) IF AN INDIVIDUAL PLAC ED IN RESTRICTIVE HO USING 12
DEMONSTRAT ES BEHAVIOR THAT IS UNUSUAL , SUICIDAL, OR INDICATES A 13
LIKELIHOOD OF SELF–HARM, THE FACILITY STAFF SHALL MONITOR THE 14
INDIVIDUAL AT LEAST EVERY 15 MINUTES, OR MORE FREQUENTLY I F 15
RECOMMENDED BY A MED ICAL OR MENTAL HEALT H PROFESSIONAL . 16
(J) RESTRAINTS MAY NOT BE USED O N AN INCARCERATED IN DIVIDUAL 17
PLACED IN RESTRICTIV E HOUSING, IN THE PROCESS OF BE ING PLACED IN OR 18
RELEASED FROM RESTRI CTIVE HOUSING , OR BEING MOVED OR TR ANSPORTED TO 19
OR FROM RESTRICTIVE HOUSING FOR THE PURP OSES OF RECREATION , PROGRAMS, 20
OR OTHER SERVICES , UNLESS THE FACILITY HAS DOCUMENTED THAT RESTRAINTS 21
ARE REQUIRED BECAUSE OF HIGH RISK OF PHYSICAL HAR M TO THE INDIVIDUAL OR 22
OTHERS. 23
(K) (1) AN INCARCERATED INDIV IDUAL MAY BE PLACED IN SEGREGATED 24
HOUSING FOR MEDICAL PURPOSES , ONLY IF: 25
(I) THE INDIVIDUAL IS KE PT IN THE SEGREGATED HOUSING 26
FOR THE SHORTEST AMO UNT OF TIME REQUIRED TO REDUCE THE RISK O F 27
INFECTION; 28
(II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 29
FEDERAL PUBLIC HEALT H GUIDANCE; AND 30
(III) A LICENSED PHYSICIAN OR NURSE PRACTITIONER H AS 31
PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 32 12 HOUSE BILL 1144
(2) AN INCARCERATED INDIV IDUAL PLACED IN SEGR EGATED 1
HOUSING FOR MEDICAL PURPOSES SHALL BE AL LOWED TO PARTICIPATE IN 2
PROGRAMS AND SERVICE S, SUBJECT TO CONSIDERA TIONS OF THE HEALTH AND 3
SECURITY OF THE INDIVID UAL, OTHER INCARCERATED I NDIVIDUALS, FACILITY 4
STAFF, VISITORS, AND THE PUBLIC . 5
(L) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , IF 6
AN INCARCERATED INDI VIDUAL NOTIFIES THE STAFF O F THE CORRECTIONAL 7
FACILITY THAT THE IN DIVIDUAL FEARS FOR THE INDIVI DUAL’S SAFETY AND 8
REQUESTS AN ACCOMMOD ATION TO FACILITATE THE INDIVIDUAL ’S SAFETY, THE 9
FACILITY SHALL TRANS FER THE INDIVIDUAL , WITHIN A REASONABLE AMOUNT OF 10
TIME, BUT NOT LONGER THAN 3 DAYS, AFTER RECEIVING THE REQUEST TO AN 11
APPROPRIATE ACCOMMODATION , INCLUDING TRANSFER TO: 12
1. A SINGLE CELL; 13
2. A DIFFERENT SECTION OF THE FACILITY; 14
3. A SENSITIVE NEEDS YA RD; OR 15
4. IF THE MANAGING OFFI CIAL OF THE CORRECTIONAL 16
FACILITY DETERMINES THAT AN ACCOMMODATIO N IN ITEMS 1 THROUGH 3 OF THIS 17
SUBPARAGRAPH IS UNAVAIL ABLE OR CANNOT ADEQU ATELY MEET THE SAFET Y 18
NEEDS OF THE INDIVID UAL, ANOTHER CORRECTIONAL FACILITY THAT CAN MEET 19
THE SAFETY NEEDS OF THE INDIVIDUAL . 20
(II) RESTRICTIVE HOUSING I S NOT AN APPROPRIATE 21
ACCOMMODATION FOR AN INDIVIDUAL WHO MAKES A REQUEST UNDER THIS 22
PARAGRAPH . 23
(2) AN INDIVIDUAL PLACED IN AN ACCOMMODATION UNDER 24
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GRANTED FULL ACCESS TO 25
OUT–OF–CELL TIME, PROGRAMMING , AND OTHER SERVICES A VAILABLE TO THE 26
REST OF THE DETAINED POPULATION . 27
(3) PLACEMENT OF AN INCAR CERATED INDIVIDUAL I N AN 28
ACCOMMODATION UNDER THIS SUBSECTION MAY NOT BE NOTED IN THE 29
INCARCERATED INDIVID UAL’S BASE FILE OR INSTI TUTIONAL REC ORD IF THE 30
NOTATION WOULD SERVE TO INTERRUPT THE IND IVIDUAL’S PROGRAMMING 31
ELIGIBILITY, PAROLE CONSIDERATION S, SECURITY STATUS CHAN GES, OR OTHER 32
OPPORTUNITIES . 33
HOUSE BILL 1144 13
(4) (I) AN INCARCERATED INDIV IDUAL WHO HAS BEEN P LACED IN 1
AN ACCOMMODATION THAT ISOLATES THE I NDIVIDUAL FROM THE G ENERAL 2
POPULATION OF THE CO RRECTIONAL FACILITY UNDER THIS SUBSECTIO N MAY 3
SUBMIT A WRITTEN REQ UEST TO THE FACILITY STAFF AT ANY TIME TO BE RETURNED 4
TO THE GENERAL POPUL ATION OF THE CORRECT IONAL FACILITY. 5
(II) AFTER RECEIVING A WRITTEN REQUEST UNDE R THIS 6
PARAGRAPH , THE FACILITY STAFF S HALL PROMPTLY , BUT NOT LATER THAN 24 7
HOURS AFTER RECEIVIN G THE REQUEST , RETURN THE INCARCERA TED INDIVIDUAL 8
TO THE GENERAL POPUL ATION OF THE CORRECT IONAL FACILITY. 9
(M) THE DECISION TO REMOV E ANY PERSONAL ITEMS OR CLOTHING FROM 10
AN INCARCERATED INDI VIDUAL PLACED IN RES TRICTIVE HOUSING SHA LL BE: 11
(1) MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE 12
MANAGING OFFICIAL BEFORE THE INCARCERA TED INDIVIDUAL ’S TRANSFER TO 13
RESTRICTIVE HOUSING OR AS SOON AS POSSIB LE AFTER THE TRANSFER ; AND 14
(2) BASED ON A DETERMINA TION THAT THE ITEM O R CLOTHING 15
POSES A SIGNIFICANT AND UNREASONABLE RIS K OF HARM TO THE IND IVIDUAL OR 16
OTHERS. 17
(N) AN INCARCERATED INDIV IDUAL PLACED IN ADMI NISTRATIVE 18
SEGREGATION OR DISCI PLINARY SEGREGATION SHALL HAVE THE SAME ACCESS TO 19
PROGRAMMING , WORK ASSIGNMENTS , RECREATIONAL ACTIVIT IES, AND VISITATION 20
AS THE POPULATION OF THE CORRECTIONAL INSTITUTION THAT IS NOT 21
SEGREGATED . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24