The bill imposes restrictions on how long inmates can be held in solitary confinement. Specifically, it prohibits holding an inmate in restricted housing for more than fifteen consecutive days or ninety days total within any twelve-month period. This is designed to address the mental health concerns associated with prolonged solitary confinement, ensuring better treatment and guarding against the adverse psychological effects it can inflict on inmates. Furthermore, the bill requires correctional facilities to document any exceptions to these rules and develop action plans for transitioning inmates out of solitary confinement.
Summary
Senate Bill 399 seeks to amend the existing Restricted Housing Act by imposing stricter limitations on the use of solitary confinement in correctional facilities within New Mexico. It aims to expand the age restriction for inmates who can be placed in solitary confinement, increasing the minimum age from eighteen to twenty-one years, which is intended to protect younger individuals from the potentially detrimental effects of such confinement. Additionally, it stipulates that inmates who are pregnant, recently postpartum, or part of a vulnerable population cannot be placed in solitary confinement involuntarily.
Contention
While supporters of SB399 emphasize its beneficial impact on mental health and the protection of vulnerable populations, there are concerns regarding its implementation. Critics argue that the bill may lead to challenges in maintaining order within facilities and adequately addressing the needs of inmates requiring heightened security measures. The transparency provisions incorporated in the bill, mandating regular reports on the use of solitary confinement, may also place additional reporting requirements on correctional facilities, which some lawmakers believe could be burdensome.