EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb1085*
SENATE BILL 1085
E5 4lr2976
CF HB 1144
By: Senators M. Washington, Hettleman, and Muse
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
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 MARYLA ND, 20
That the Laws of Maryland read as follows: 21
Article – Correctional Services 22
9–614. 23
(a) (1) In this section the following words have the meanings indicated. 24 2 SENATE BILL 1085
(2) “ADMINISTRATIVE SEGREG ATION” MEANS A NONPUNITIVE FORM 1
OF PHYSICAL SEPARATI ON OF AN INCARCERATE D INDIVIDUAL FROM TH E GENERAL 2
POPULATION OF A CORR ECTIONAL FACILITY FO R A PERIOD OF 17 HOURS OR LESS 3
OUT OF A 24–HOUR PERIOD . 4
(3) “Correctional unit” has the meaning stated in § 2–401 of this article. 5
(4) “DISCIPLINARY SEGREGAT ION” MEANS A PUNITIVE FOR M OF 6
PHYSICAL SEPARATION OF AN INCARCERATED I NDIVIDUAL FROM THE G ENERAL 7
POPULATION OF A CORR ECTIONAL FACILITY FO R A PERIOD OF 17 HOURS OR LESS 8
OUT OF A 24–HOUR PERIOD . 9
(5) “RESIDENTIAL REHABILIT ATION UNIT ” MEANS SEPARATE 10
HOUSING USED FOR THE RAPY, TREATMENT , AND REHABILITATIVE P ROGRAMMING : 11
(I) AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR AN 12
INCARCERATED INDIVID UAL; OR 13
(II) FOR AN INCARCERATED INDIVIDUAL WHO REQUI RES 14
SEPARATE HOUSING FOL LOWING PLACEME NT IN RESTRICTIVE HO USING. 15
[(3) (i)] (6) “Restrictive housing” means [a] ANY form of physical 16
separation [that has not been requested by the incarcerated individual] in which [the] AN 17
incarcerated individual is placed in a locked room or cell for [approximately 22 hours or 18
more] MORE THAN 17 HOURS out of a 24–hour period. 19
[(ii) “Restrictive housing” includes administrative segregation and 20
disciplinary segregation.] 21
(7) “SERIOUS MENTAL ILLNES S” HAS THE MEANING STAT ED IN § 22
10–1003 OF THIS ARTICLE. 23
(b) (1) On or before December 31 each year, each correctional unit shall submit 24
data FOR THE PRECEDING YE AR to the Governor’s Office of Crime Prevention, Youth, and 25
Victim Services showing, by correctional unit AND DISAGGREGATED BY AGE, RACE, 26
GENDER, CLASSIFICATION OF HOUSI NG, AND BASIS FOR PLACEM ENT: 27
(i) the total population of the correctional unit; 28
(ii) the number of incarcerated individuals who have been placed in: 29
1. restrictive housing [during the preceding year by age, 30
race, gender, classification of housing, and the basis for the incarcerated individual’s 31 SENATE BILL 1085 3
placement in restrictive housing]; 1
2. ADMINISTRATIVE SEGRE GATION; AND 2
3. DISCIPLINARY SEGREGA TION; 3
(iii) the number of incarcerated individuals with serious mental 4
illness that were placed in: 5
1. restrictive housing [during the preceding year]; 6
2. ADMINISTRATIVE SEGRE GATION; AND 7
3. DISCIPLINARY SEGREGA TION; 8
(iv) [the definition of “serious mental illness” used by the correctional 9
unit in making the report; 10
(v)] the number of incarcerated individuals known to be pregnant 11
when placed in: 12
1. restrictive housing [during the preceding year]; 13
2. ADMINISTRATIVE SEGRE GATION; AND 14
3. DISCIPLINARY SEGREGA TION; 15
[(vi)] (V) the average and median lengths of stay in: 16
1. restrictive housing [of the incarcerated individuals placed 17
in restrictive housing during the preceding year]; 18
2. ADMINISTRATIVE SEGRE GATION; AND 19
3. DISCIPLINARY SEGREGA TION; 20
[(vii)] (VI) the number of incidents of death, self–harm, and attempts 21
at self–harm by incarcerated individuals in: 22
1. restrictive housing [during the preceding year]; 23
2. ADMINISTRATIVE SEGRE GATION; AND 24
3. DISCIPLINARY SEGREGA TION; 25 4 SENATE BILL 1085
[(viii)] (VII) the number of incarcerated individuals released [from 1
restrictive housing directly into the community during the preceding year] DIRECTLY 2
INTO THE COMMUNITY F ROM: 3
1. RESTRICTIVE HOUSING ; 4
2. ADMINISTRATIVE SEGRE GATION; AND 5
3. DISCIPLINARY SEG REGATION; 6
(VIII) FOR EACH VULNERABLE INDIVIDUAL WITH A SE RIOUS 7
MENTAL ILLNESS WHO W AS PLACED IN RESTRIC TIVE HOUSING IN A STATE 8
CORRECTIONAL FACILIT Y: 9
1. THE MENTAL HEALTH CO NDITION THAT THE 10
INDIVIDUAL SUFFERED FROM; AND 11
2. THE LENGTH OF TIME THE INDIVIDUAL WAS P LACED 12
IN RESTRICTIVE HOUSI NG; 13
(IX) STEPS TAKEN TO : 14
1. IMPROVE THE CONDITIO NS OF CONFINEMENT IN 15
RESTRICTIVE HOUSING BY ALLOWING OPPORTUN ITIES FOR: 16
A. OUT–OF–CELL TIME; 17
B. CONGREGATE ACTIVITY ; 18
C. DAILY OUTDOOR RECREATIONAL TIME ; AND 19
D. PRODUCTIVE IN –CELL ACTIVITIES; 20
2. LIMIT THE NUMBER OF VIOLATIONS THAT MAY 21
RESULT IN SANCTIONS ; 22
3. CREATE DE–ESCALATION SPACES AN D ESTABLISH A 23
SYSTEM THAT ALLOWS I NCARCERATED INDIVIDU ALS IN RESTRICTIVE H OUSING TO 24
ACCESS THOSE SPACES FOR MEANINGFUL PERIODS O F TIME; 25
4. CREATE, IN COORDINATION WITH EACH 26
INCARCERATED INDIVID UAL PLACED IN RESTRI CTIVE HOUSING , STRATEGIES 27 SENATE BILL 1085 5
DESIGNED TO RETURN T HE INDIVIDUAL TO THE GENERAL POPULATION I N THE 1
LEAST AMOUNT OF TIME ; 2
5. AMEND POLICIES TO SPEC IFY THAT RESTRICTIVE 3
HOUSING IS A SANCTIO N OF LAST RESORT ; AND 4
6. ADOPT THE USE OF RES IDENTIAL REHABILITAT ION 5
UNITS; 6
[(ix)] (X) any other data the correctional unit considers relevant to 7
the use of restrictive housing, ADMINISTRATIVE SEGRE GATION, AND DISCIPLINARY 8
SEGREGATION by correctional facilities in the State; and 9
[(x)] (XI) any changes to written policies or procedures at each 10
correctional unit relating to the use and conditions of restrictive housing, [including steps 11
to reduce reliance on restrictive housing] ADMINISTRATIVE SEGRE GATION, AND 12
DISCIPLINARY SEGREGA TION. 13
(2) The Governor’s Office of Crime Prevention, Youth, and Victim Services 14
shall make the information submitted in accordance with paragraph (1) of this subsection 15
available on its website and, when the information has been received from every 16
correctional unit in accordance with paragraph (1) of this subsection, promptly submit the 17
information in a report to the General Assembly, in accordance with § 2–1257 of the State 18
Government Article. 19
SUBTITLE 10. RESTRICTIVE HOUSING IN STATE CORRECTIONAL FACILITIES. 20
10–1001. 21
IN THIS SUBTITLE, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 22
9–614 OF THIS ARTICLE. 23
10–1002. 24
(A) (1) ALL PERSONNEL INVOLVED IN THE SUPE RVISION AND CARE OF 25
INDIVIDUALS PLACED I N RESTRICTIVE HOUSIN G SHALL: 26
(I) COMPLETE AT LEAST 16 HOURS OF TRAINING , INCLUDING 27
TRAINING ON TRAUMA –INFORMED CARE , BEFORE BEING ASSIGNE D TO A 28
RESTRICTIVE HOUSING UNIT; AND 29
(II) RECEIVE AT LEAST 4 HOURS OF ADDITIONAL TRAINING 30
ANNUALLY. 31
6 SENATE BILL 1085
(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 P ROCESS RIGHTS 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 PERSONN EL AND HEARING OFFIC ERS REQUIRED TO ATTE ND 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 PERSONALITY 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 FOLLO WING: 26
1. INABILITY TO MAINTAI N EMPLOYMENT ; 27
2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENT IONS 28 SENATE BILL 1085 7
BY THE MENTAL HEALTH SYSTEM; 1
3. SEVERE INABILITY TO ESTABLISH OR MAINTAI N A 2
PERSONAL SUPPORT SYS TEM; OR 3
4. NEED FOR ASSISTANCE WITH BASIC LIVING SKILLS. 4
(3) “VULNERABLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO, 5
BECAUSE OF AGE , IDENTITY, STATUS, DISABILITY, OR CIRCUMSTANCES , MAY BE 6
PARTICULARLY SUSCEPT IBLE TO CRIMINAL VIC TIMIZATION AND MAY F ACE SPECIAL 7
CHALLENGES IN INTERA CTIONS WITH OTHER IN CARCERAT ED INDIVIDUALS. 8
(B) SUBJECT TO SUBSECTION (G) OF THIS SECTION , A VULNERABLE 9
INDIVIDUAL MAY NOT B E PLACED IN RESTRICT IVE HOUSING UNLESS : 10
(1) THE VULNERABLE INDIV IDUAL IS BETWEEN AT LEAST 18 YEARS 11
OLD AND UNDER THE AG E OF 26 YEARS OR HAS A SERIO US MENTAL ILLNESS; AND 12
(2) THE MANAGING OFFICIA L AND THE CHIEF PHYS ICIAN OF THE 13
CORRECTIONAL FACILIT Y HAVE DETERMINED , AND RECORDED IN WRIT ING THE 14
REASONS FOR DETERMIN ING, THAT: 15
(I) THE INDIVIDUAL PRESE NTS A GRAVE RISK OF HARM TO THE 16
INDIVIDUAL OR OTHERS ; AND 17
(II) RESTRICTIVE HOUSING IS THE ONLY MEANS OF ENSURING 18
THE SAFETY OF THE IN DIVIDUAL OR OTHERS F ROM THE RISK OF HARM PRESENTED 19
BY THE INDIVIDUAL . 20
(C) AN INDIVIDUAL MAY NOT BE PLACED IN RESTRIC TIVE HOUSING BASED 21
SOLELY ON: 22
(1) CONFIDENTIAL INFOR MATION CONSIDERED BY THE FACILITY 23
STAFF, BUT NOT PROVIDED TO THE INCARCERATED IND IVIDUAL OR INCLUDED IN 24
REQUIRED RECORDS ; 25
(2) GANG OR ENEMY AFFILI ATION; 26
(3) PROTECTION OF THE IN DIVIDUAL FROM THE RE ST OF THE 27
DETAINED POPULATION OR A LIKELY ABUSER ; OR 28
(4) THE INCARCERATED IND IVIDUAL’S IDENTIFIED OR PERC EIVED 29
SEXUAL ORIENTATION O R GENDER IDENTITY . 30 8 SENATE BILL 1085
(D) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 1
ENSURE THAT EACH INC ARCERATED INDIVIDUAL PLACED IN RESTRICTIV E HOUSING 2
IS PROVIDED THE FOLL OWING INFORMATION , IN A LANGUAGE OR MAN NER THE 3
INDIVIDUAL CAN UNDER STAND, WITHIN 24 HOURS OF THE INDIVID UAL’S 4
PLACEMENT IN RESTRIC TIVE HOUSING: 5
(1) NOTICE OF THE FACTS AND CIRCUMSTANCES TH AT LED TO 6
PLACING THE INDIVIDU AL IN RESTRICTIVE HO USING; 7
(2) A STATEMENT OF THE REASON OR REASONS WHY A LES S 8
RESTRICTIVE INTERVEN TION WOULD BE INSUFF ICIENT TO REDUCE RIS K; 9
(3) THE PROCEDURES THAT THE FACILITY WILL EM PLOY TO MONITOR 10
THE INDIVIDUAL ; 11
(4) THE DATE AND TIME OF THE INDIVIDUAL ’S NEXT COURT DATE OR 12
ADMINISTRATIVE HEARING DATE , IF APPLICABLE; 13
(5) COPIES OF ALL DOCUME NTS, FILES, AND RECORDS RELATING TO 14
THE INDIVIDUAL ’S PLACEMENT IN RESTR ICTIVE HOUSING , UNLESS A DOCUMENT , 15
FILE, OR RECORD CONTAINS C ONTRABAND , CLASSIFIED INFORMATI ON, OR 16
SENSITIVE SECURITY I NFORMATION; AND 17
(6) AN EXPLANATION OF TH E PROCESS TO APPEAL THE INITIAL 18
PLACEMENT OR CONTINU ED PLACEMENT OF THE INCARCERATED INDIVID UAL IN 19
RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 20
(E) (1) AN INCARCERATED INDIV IDUAL SHALL BE PROVI DED THE 21
OPPORTUNITY TO CONTE ST THE RESTRICTIVE H OUSING PLACEMENT IN AN 22
ADMINISTRATIVE HEARI NG WITHIN 70 HOURS OF THE INITIAL PLACEMENT . 23
(2) THE INCARCERATED INDI VIDUAL SHALL HAVE TH E RIGHT TO 24
APPEAR AND BE REPRES ENTED BY AN ATTORNEY OR ADVOCATE OF THE 25
INDIVIDUAL’S CHOOSING AT THE IN DIVIDUAL’S OWN EXPENSE AT ALL HEARINGS 26
CONDUCTED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 27
(F) (1) IF AN INDIVIDUAL IN R ESTRICTIVE HOUSING D ISPUTES A 28
DECISION MADE REGARD ING THE INDIVIDUAL ’S STATUS AS A VULNER ABLE 29
INDIVIDUAL OR THE P LACEMENT OF THE INDI VIDUAL IN RESTRICTIV E HOUSING 30
UNDER SUBSECTION (B) OF THIS SECTION , THE INDIVIDUAL MAY R EQUEST AND 31
RECEIVE A SECONDARY REVIEW OF THE DETERM INATION BY THE MANAG ING 32
OFFICIAL OR CHIEF PH YSICIAN, AS APPROPRIATE . 33 SENATE BILL 1085 9
(2) AN INCARCERATED INDIV IDUAL MAY NOT BE PLA CED OR 1
RETAINED IN RESTRICT IVE HOUSING IF, FOLLOWING A SECONDAR Y REVIEW UNDER 2
PARAGRAPH (1) OF THIS SUBSECTION , THE MANAGING OFFICIA L OR CHIEF 3
PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 4
FOR CONFINEMENT . 5
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 6
AN INCARCERATED INDI VIDUAL MAY NOT BE SU BJECT TO RESTRICTIVE HOUSING 7
FOR MORE THAN : 8
(I) 3 CONSECUTIVE DAYS ; OR 9
(II) 6 DAYS IN ANY 60–DAY PERIOD. 10
(2) (I) AN INCARCERATED INDIV IDUAL MAY B E PLACED IN 11
RESTRICTIVE HOUSING FOR A PERIOD OF TIME EXCEEDING A TIME PER IOD 12
SPECIFIED IN PARAGRA PH (1) OF THIS SUBSECTION I F THE COMMISSIONER OF 13
CORRECTION OR THE COMMISSIONER ’S DESIGNEE ISSUES A WRITTEN DECISION , 14
FOLLOWING AN EVIDENT IARY HEARING , THAT STATES BASED ON SPECIF IC 15
OBJECTIVE CRITERIA T HAT: 16
1. THE INCARCERATED IND IVIDUAL: 17
A. COMMITTED AN ACT CAU SING PHYSICAL INJURY TO 18
OR DEATH OF ANOTHER ; 19
B. COMMITTED SEXUAL ASS AULT; 20
C. COMMITTED EXTORTION ; 21
D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 22
VIOLATE RULES OF THE FACILITY; 23
E. LED OR INCITED A RIO T; OR 24
F. PROCURED DEADLY WEAP ONS OR OTHER 25
CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 26
2. THE ACT WAS SO HEINO US OR DESTRUCTIVE TH AT 27
PLACEMENT IN THE GEN ERAL POPULATION WOULD CRE ATE A SIGNIFICANT RI SK OF 28
IMMINENT SERIOUS PHY SICAL INJURY. 29
10 SENATE BILL 1085
(II) IF THE COMMISSIONER OF CORRECTION OR THE 1
COMMISSIONER ’S DESIGNEE MAKES THE FINDINGS AND ISSUES THE WRITTEN 2
DECISION REQUIRED UN DER SUBPARAGRAPH (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 SHA LL 9
BE GIVEN A PHYSICAL AND MENTAL HEALTH AS SESSMENT WITHIN AT L EAST 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 ASSESSMENT 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 P ROGRAMMING THAT THE 22
INDIVIDUAL WAS ENROL LED IN PRIOR TO BEIN G PLACED IN RESTRICT IVE 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 IM POSITION OF ANY CHAN GE IN DIET AS A FORM OF 28
PUNISHMENT . 29
SENATE BILL 1085 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
DEMONSTRATES BEHAVIO R THAT IS UNUSUAL , SUICIDAL, OR INDICATES A 13
LIKELIHOOD OF SELF –HARM, THE FACILITY STAFF S HALL 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 ON AN INCARCERA TED INDIVIDUAL 17
PLACED IN RESTRIC TIVE 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 PHYS ICAL HARM TO THE IND IVIDUAL 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 SHORT EST AMOUNT OF TIME R EQUIRED TO REDUCE TH E RISK OF 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 PRACTITIONE R HAS 31
PROVIDED WRITTEN APP ROVAL OF THE PLACEME NT. 32
12 SENATE BILL 1085
(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 INDI VIDUAL, 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 OF THE CORRECT IONAL 7
FACILITY THAT THE IN DIVIDUAL FEARS FOR T HE INDIVIDUAL ’S SAFETY AND 8
REQUESTS AN ACCOMMOD ATION TO FACILITATE THE INDIV IDUAL’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 ACCOMMOD ATION, INCLUDING TRANSFER T O: 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 CORRECTI ONAL 16
FACILITY DETERMINES THAT AN ACCOMMODATIO N IN ITEMS 1 THROUGH 3 OF THIS 17
SUBPARAGRAPH IS UNAV AILABLE OR CANNOT AD EQUATELY MEET THE SAFETY 18
NEEDS OF THE INDIVID UAL, ANOTHER CORRECTIONAL FACILITY THAT CAN ME ET 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 INDIVIDU AL PLACED IN AN ACCO MMODATION 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 T HIS SUBSECTION MAY N OT BE NOTED IN THE 29
INCARCERATED INDIVID UAL’S BASE FILE OR INSTI TUTIONAL RECORD IF T HE 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
(4) (I) AN INCARCERATED INDIV IDUAL WHO HAS BEEN P LACED IN 34 SENATE BILL 1085 13
AN ACCOMMODATION THA T ISOLATES THE INDIV IDUAL FROM THE GENER AL 1
POPULATION OF THE CO RRECTIONAL FACILITY UNDER THIS SUBSECTIO N MAY 2
SUBMIT A WRITTEN REQ UEST TO THE FACILITY STAFF AT ANY TIME TO BE RET URNED 3
TO THE GENERAL POPUL ATION OF THE CORRECT IONAL FACILITY. 4
(II) AFTER RECEIVING A WRI TTEN REQUEST UNDER T HIS 5
PARAGRAPH , THE FACILITY STAFF S HALL PROMPTLY , BUT NOT LATER THAN 24 6
HOURS AFTER RECEIVIN G THE REQUEST , RETURN THE INCARC ERATED INDIVIDUAL 7
TO THE GENERAL POPUL ATION OF THE CORRECT IONAL FACILITY. 8
(M) THE DECISION TO REMOV E ANY PERSONAL ITEMS OR CLOTHING FROM 9
AN INCARCERATED INDI VIDUAL PLACED IN RES TRICTIVE HOUSING SHA LL BE: 10
(1) MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE 11
MANAGING OFFICIAL BE FORE THE INCARCERATE D INDIVIDUAL’S TRANSFER TO 12
RESTRICTIVE HOUSING OR AS SOON AS POSSIB LE AFTER THE TRANSFE R; AND 13
(2) BASED ON A DETERMINA TION THAT THE ITEM O R CLOTHING 14
POSES A SIGNIFICANT AND UNREASONABLE RIS K OF HARM TO THE INDIVIDUAL OR 15
OTHERS. 16
(N) AN INCARCERATED INDIV IDUAL PLACED IN ADMI NISTRATIVE 17
SEGREGATION OR DISCI PLINARY SEGREGATION SHALL HAVE THE SAME ACCESS TO 18
PROGRAMMING , WORK ASSIGNMENTS , RECREATIONAL ACTIVIT IES, AND VISITATION 19
AS THE POPULATION OF THE CORRECTIONAL INSTITU TION THAT IS NOT 20
SEGREGATED . 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23