2023 -- H 6161
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LC002181
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- SOLITARY CONFINEMENT
REFORM ACT
Introduced By: Representatives Felix, Cruz, Craven, Batista, Vella-Wilkinson, Caldwell,
Ajello, Kazarian, and Morales
Date Introduced: March 17, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
CHAPTER 56.4 3
SOLITARY CONFINEMENT REFORM ACT 4
42-56.4-1. Legislative intent. 5
(a) It is the policy of the State of Rhode Island that the department of corrections and the 6
facilities it operates maintain safe, secure housing for all inmates. 7
(b) Restrictive housing should only be used: 8
(1) In circumstances that pose a clear and direct threat to the safety of persons or to the safe 9
and secure operations of the facility; 10
(2) In the absence of alternatives to restrictive housing; 11
(3) For the shortest time possible; and 12
(4) With the least restrictive conditions possible. 13
42-56.4-1. Definitions. 14
As used in this chapter, unless the context indicates a different meaning or intent: 15
(1) "Administrative confinement" means any status or classification, except for disciplinary 16
confinement, for prisoners whose conduct may pose a serious threat to life, self, staff, other 17
prisoners, or the facility's security or orderly operation. 18
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(2) “Basic necessities” includes weather-appropriate clothing and footwear; adequate food 1
in compliance with medical and religious accommodations, with no more than twelve (12) hours 2
between meals; access to drinking water and functioning sanitary fixtures; access to a shower and 3
hygienic items; bedding; and ventilation. 4
(3) “Cell” means any room, area or space that is primarily used for the confinement of 5
prisoners; or any room, area or space that is less than one hundred square feet (100 sq. ft), regardless 6
of use or purpose. Shared spaces whose primary purpose is congregate social interaction, education, 7
programming, rehabilitation, or physical and psychological wellness, including recreation areas, 8
classrooms, libraries, and spaces used for medical evaluation and treatment, shall not constitute 9
“cells.” 10
(4) "Department" means the department of corrections. 11
(5) "Director" means the director of the department of corrections. 12
(6) "Disciplinary confinement" means punitive confinement of a prisoner based on 13
violation of departmental rules, whether in the general population, a specialized housing unit, or 14
elsewhere. 15
(7) "General population" means classification to maximum, medium, or minimum security 16
with no restrictions placed on activities or privileges. 17
(8) "Member of a vulnerable population" means someone who: 18
(i) Has a serious and persistent mental illness, as defined by the department of corrections, 19
or a psychiatric disability, as defined in § 40.1-5-2; 20
(ii) Has a developmental disability, as defined in § 40.1-1-8.1; 21
(iii) Is pregnant, in the postpartum period, or has recently suffered a miscarriage or 22
terminated a pregnancy; or 23
(iv) Has a significant auditory or visual impairment, or a serious medical condition that 24
cannot be adequately treated in restrictive housing or which is medically contraindicated to 25
placement in restrictive housing. 26
(9) "Protective custody" means any form of separation from a prison's general population 27
for prisoners requiring additional protection for their own safety. 28
(10) "Restrictive housing" means any type of detention where a prisoner is unable to leave 29
their room or cell for eighteen (18) hours or more in a twenty-four (24) hour period, including all 30
forms of disciplinary confinement and administrative confinement, loss of all privileges, 31
administrative restrictive status, or other classifications or statuses that restrict out-of-cell time to 32
six (6) or fewer hours per day. 33
(11) "Step-down plan" means an individualized program, developed by a coordinated, 34
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multidisciplinary team to include mental health, case management, and security practitioners, that 1
describes: 2
(i) The specific behaviors that resulted in placement in restrictive housing; 3
(ii) The programs and services available to the prisoner to address that behavior and 4
promote general rehabilitation; 5
(iii) An estimated timeframe for returning to a less-restrictive classification; 6
(iv) Incentives available in order that prisoners can earn additional privileges and an 7
accelerated return to the general population; and 8
(v) A schedule for regular review of the plan and the prisoner's classification. 9
(12) “Out-of-cell” means being in a space outside of the "cell" as defined in § 42-56.4-2. 10
42-56.4-3. Restrictive housing, generally. 11
(a) The department shall maximize the amount of time that each prisoner in restrictive 12
housing spends outside of the cell by providing, as appropriate, access to recreation, education, 13
clinically appropriate treatment therapies, skill-building activities, and social interaction with staff 14
and other inmates. 15
(b) Each prisoner entering restrictive housing shall be seen and assessed by a qualified 16
mental health professional or health care professional within seventy-two (72) hours of placement 17
and at least every fourteen (14) days thereafter. 18
(c) For each placement in restrictive housing, the department shall document: 19
(1) The nature of the threat to safety and security posed by the prisoner; 20
(2) The impact any restrictions in conditions of confinement may have on their health; and 21
(3) All alternatives that may be available to safely deal with the threat, other than restrictive 22
housing. 23
(d) Prisoners in restrictive housing shall have equal access to programming; personal 24
belongings in-cell, including food, legal and reading materials; commissary; medical and mental 25
health care; legal assistance, including law library and notary services; and basic necessities as 26
those in the general population. If provision of any such services or belongings to an individual 27
would create a significant and unreasonable risk to the safety and security of incarcerated persons, 28
staff, or the facility, such services or belongings may be withheld, on an individual basis, until it 29
reasonably appears that the risk has ended. 30
(e) Each decision to withhold services or entitlements under subsection (d) of this section 31
shall be meaningfully reviewed within twenty-four (24) hours, and every seven (7) days thereafter, 32
by the facility warden, or designee, and by a qualified mental health professional. Each review shall 33
consider the impact of continued deprivation of services or entitlements on the person's risk to 34
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safety and security, and the warden shall articulate in writing, with a copy provided to the 1
incarcerated person, the specific reason why the person currently poses an unreasonable risk to 2
safety and security and why the particular services or entitlements shall continue to be withheld. 3
Written approval from the director shall be required for any deprivation of services or entitlements 4
beyond thirty (30) days and every thirty (30) days thereafter. 5
(f) No prisoner shall be denied access to programming or work assignments solely on the 6
basis of being in restrictive housing, and the department shall offer programming to prisoners in 7
restrictive housing that is substantially similar to programming offered to prisoners in the general 8
population, including accommodating classwork and education in-cell. Additionally, the 9
department shall offer prisoners in restrictive housing additional out-of-cell, trauma-informed 10
therapeutic programming aimed at promoting personal development, addressing underlying causes 11
of problematic behavior resulting in placement in restrictive housing, and helping prepare for 12
discharge from restrictive housing to the general population and to the community. 13
(g) Prisoners in restrictive housing shall receive a daily visit from the senior correctional 14
supervisor in charge of the unit, daily visits from a qualified health care professional, and visits 15
from members of the program staff at least weekly. 16
(h) Prisoners shall have a meaningful opportunity to be heard before a decision is made to 17
place them in restrictive housing, at each classification review in administrative confinement 18
beyond sixty (60) days, and at each decision to withhold entitlements under subsection (e) of this 19
section beyond thirty (30) days. Such a hearing or proceeding shall be considered a contested case, 20
as defined in § 42-35-1. 21
42-56.4-4. Discipline -- Disciplinary confinement. 22
(a) The department shall establish maximum penalties for each level of offense. These 23
penalties should always include alternatives to disciplinary confinement. The maximum restrictive 24
housing penalty for any single rule violation or any series of related rule violations shall be no more 25
than fifteen (15) days. 26
(b) All penalties shall be proportioned to the offense. 27
(c) Disciplinary confinement shall only be considered for offenses involving violence, 28
involving escape, or posing a threat to institutional safety by encouraging others to engage in such 29
misconduct. 30
(d) All prisoners in disciplinary confinement shall receive a minimum of two (2) hours out- 31
of-cell each day. 32
(e) No prisoner shall serve more than thirty (30) days in disciplinary confinement in a sixty 33
(60) day period. 34
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(f) Prisoners who assert that they have been held in disciplinary confinement beyond the 1
time limits specified in this section shall have a meaningful opportunity to be heard before the 2
warden or the warden’s designee. Such a hearing or proceeding shall be considered a contested 3
case. 4
(g) No prisoner who is below age twenty-two (22), over age sixty (60), or a member of a 5
vulnerable population shall be placed in disciplinary confinement for any period of time unless the 6
individual presents an immediate and present danger and there is no reasonable alternative for 7
placement. Such placement shall last only as long as necessary to find an alternative housing 8
placement. 9
(h) A prisoner should not be placed in restrictive housing pending investigation of a 10
disciplinary offense unless their presence in the general population would pose a danger to 11
themselves, staff, other prisoners, or the public. A prisoner's placement in restrictive housing 12
pending investigation shall be reviewed within twenty-four (24) hours by the warden, or designee. 13
No prisoner shall remain in investigative segregation for a longer period of time than the maximum 14
term of disciplinary segregation permitted for the most serious offense charged. 15
42-56.4-5. Administrative confinement -- Protective custody. 16
(a) Placement in administrative confinement is limited to individuals who pose an 17
imminent threat to the security of the institution, shall only be considered when it serves a specific 18
penological purpose, and shall last no longer than necessary to address the specific reason(s) for 19
placement. 20
(b) All prisoners in administrative confinement shall receive a minimum of four (4) hours 21
out-of-cell each day. 22
(c) Each prisoner in administrative confinement shall have their status reviewed by the 23
classification board, warden, or designee, every seven (7) days for the first sixty (60) days of the 24
prisoner's placement and at least every thirty (30) days after the first sixty (60) days. 25
(d) The department shall create an individualized step-down plan, as defined in § 42- 56.4-26
2, no later than fourteen (14) days after each placement in administrative confinement. This step-27
down plan shall be shared with the prisoner unless specifically articulable security concerns require 28
otherwise. 29
(e) Where possible, prisoners with serious mental illness should be diverted from 30
administrative confinement and placed in a clinically appropriate alternative form of housing. Any 31
prisoner with a serious mental illness placed in administrative confinement shall receive intensive, 32
clinically appropriate mental health treatment for the entirety of the placement in administrative 33
confinement. 34
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(f) No prisoner classified to protective status shall be held in conditions more restrictive 1
than those in administrative confinement. 2
42-56.4-6. Transitional administrative confinement and step-down housing. 3
(a) The department shall create a system of step-down and transitional housing and 4
programming for prisoners who require additional assistance in transitioning from administrative 5
confinement into the general population. 6
(b) Conditions in transitional step-down and transitional housing shall mirror, to the extent 7
possible, those in the general population. 8
(c) At a minimum, prisoners in step-down and transitional housing shall receive six (6) 9
hours of out-of-cell time each day. 10
42-56.4-7. Staff training. 11
(a) The department shall provide training to employees of the department who interact with 12
inmates concerning the following: 13
(1) Dispute resolution methods and de-escalation and communication techniques; 14
(2) Trauma-informed care and restorative justice; 15
(3) The types and symptoms of mental illness; 16
(4) Custodial needs of prisoners with mental illness; and 17
(5) The long- and short-term psychological effects of being on administrative segregation 18
status. 19
(b) Within available appropriations, the department of corrections shall take measures to 20
promote the wellness of employees of the department who interact with inmates. These measures 21
may include, but need not be limited to: 22
(1) Employee assistance programs; 23
(2) Peer support programs; and 24
(3) Stress management training. 25
42-56.4-8. Reporting. 26
(a) The department of corrections shall issue a report ("annual restrictive housing report") 27
to be made publicly available on the department's website one year after the effective date of this 28
chapter and by January 31 of each year thereafter, indicating the following, broken out by 29
disciplinary, administrative, and transitional confinement: 30
(1) The number of prisoners in each institution placed in restrictive housing during the past 31
year; 32
(2) The nature of the infractions and behaviors leading to the use of restrictive housing; 33
(3) The lengths of terms served in restrictive housing, including terms served consecutively 34
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and cumulatively; 1
(4) The races, ethnicities, genders, and religions of all prisoners placed in restrictive 2
housing; 3
(5) The number of members of a vulnerable population placed in restrictive housing, by 4
category promulgated in the definition thereof listed in § 42-56.4-2; and 5
(6) The average weekly out-of-cell time provided to prisoners in each category of 6
restrictive housing. 7
(b) The restrictive housing oversight committee, as created in § 42-26-20, may require the 8
department to publish additional information, in addition to the fields delineated by statute, in the 9
annual restrictive housing report. 10
42-56.4-9. Declaratory judgment. 11
(a) Any prisoner may bring an action for declaratory judgment in the superior court of 12
Providence county, when it is alleged that: 13
(1) The department of corrections or an officer thereof failed to perform a duty enjoined 14
upon it by this chapter, or acted in violation of lawful procedure as required by this chapter; or 15
(2) A department rule, or its threatened application, interferes with or impairs, or threatens 16
to interfere with or impair, the legal rights or privileges of the plaintiff under this chapter or the 17
state or federal Constitution. 18
(b) A declaratory judgment may be rendered whether or not the plaintiff has requested the 19
agency to pass upon the validity or applicability of the rule in question. 20
SECTION 2. Chapter 42-26 of the General Laws entitled "Public Safety Grant 21
Administration Office" is hereby amended by adding thereto the following section: 22
42-26-20. Restrictive housing oversight committee. 23
(a) There is hereby created within the public safety grant administration office, pursuant to 24
the provisions of § 42-26-7, the restrictive housing oversight committee ("committee") for the 25
purpose of monitoring the use of restrictive housing at the department of corrections. 26
(b) The committee shall consist of the following five (5) members who shall assemble 27
annually or more often at the call of the chairperson or upon petition of a majority of its members: 28
(1) One who has been previously sentenced to spend time in restrictive confinement, 29
appointed by the Black, Latino, Indigenous, Asian-American and Pacific Islander Caucus of the 30
general assembly; 31
(2) One who has expertise in law and a demonstrated interest in advancing the rights and 32
welfare of incarcerated persons, appointed by the speaker of the house of representatives; 33
(3) One who has expertise in the provision of mental health care to incarcerated persons or 34
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formerly incarcerated persons, appointed by the president of the senate; 1
(4) One who has a demonstrated interest in advancing the rights and welfare of incarcerated 2
persons appointed by the governor; and 3
(5) The director of the department of corrections, or designee. 4
(c) A chair of the committee shall be selected by the members of the committee. 5
(d) Of the members first appointed to the committee, two (2) members shall serve a term 6
of two (2) years, two (2) members shall serve a term of one year, and thereafter, members shall 7
serve a term of two (2) years. Members shall continue to serve until their successor is duly 8
appointed and qualified. Any vacancy on the oversight committee shall be filled in the same manner 9
as the original appointment. 10
(e) The committee shall perform the following functions: 11
(1) Appoint a restrictive housing ombudsperson ("ombudsperson") based on whatever 12
procedure is determined by the committee; 13
(2) Review and supervise the actions of the ombudsperson; 14
(3) Meet not less than quarterly to bring matters to the ombudsperson's attention and to 15
consult on their services, findings and recommendations; and 16
(4) Convene semiannual public hearings to discuss the ombudsperson's services, findings 17
and recommendations. 18
(f) The ombudsperson shall be empowered to: 19
(1) Receive and investigate complaints related to incarcerated persons' health, safety, 20
welfare, and rights; 21
(2) Identify issues within the department of corrections related to restrictive housing; 22
(3) Ensure compliance with relevant statutes, rules and policies pertaining to restrictive 23
housing; 24
(4) Provide information to inmates, probationers and parolees, and their families related to 25
restrictive housing; and 26
(5) Promote public awareness and understanding of the rights and responsibilities of 27
individuals in prison and conditions related to restrictive housing. 28
(g) The ombudsperson shall conduct random biannual inspections of restrictive housing 29
areas in each facility, including cells, recreation areas, and programming spaces, and shall visit 30
different facilities on each inspection. Neither the committee nor the ombudsperson shall announce 31
an inspection to any individual or entity outside of the committee before the inspection occurs. The 32
department shall ensure full access to the facility, inmates and staff as part of these inspections 33
consistent with this section. 34
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(h) All oral and written communications, and records relating to such communications 1
between a person in the custody of the department of corrections and the ombudsperson or 2
committee, including, but not limited to, the identity of a complainant, the details of the 3
communications and the ombudsperson's findings shall be confidential and shall not be disclosed 4
without the consent of such person, except that the committee or ombudsperson may disclose 5
without the consent of such person general findings or policy recommendations based on such 6
communications; provided no individually identifiable information is disclosed. 7
(i) Notwithstanding any provision of the general laws concerning the confidentiality of 8
records and information, the ombudsperson shall have access to, including the right to inspect and 9
copy, any non-privileged records necessary to carry out their responsibilities. 10
(j) In the performance of the responsibilities provided for in this section, the ombudsperson 11
may communicate privately with any person in the custody of the department of corrections. Such 12
communications shall be confidential except as provided in this section. 13
(k) Members of the committee and ombudsperson shall meet with the governor and the 14
director of the department of corrections at least two (2) times each year to report on the work and 15
findings of the committee. 16
(l) A majority of the members appointed to the committee shall constitute a quorum, which 17
shall be necessary for the committee to conduct business. A majority vote of the members present 18
shall be required for action of the committee. 19
(m) The general assembly shall annually appropriate such sums as it may deem necessary 20
for the payment of any ombudsperson's salary and for the payment of office expenses and other 21
actual expenses incurred by the committee or any ombudsperson's in the performance of their 22
duties; and the state controller is hereby authorized and directed to draw their orders upon the 23
general treasurer for the payment of such sum or sums, or so much thereof, as may from time to 24
time be required, upon receipt by them of proper vouchers approved by any ombudsperson's or 25
committee. 26
SECTION 3. Section 42-35-1 of the General Laws in Chapter 42-35 entitled 27
"Administrative Procedures" is hereby amended to read as follows: 28
42-35-1. Definitions. 29
As used in this chapter: 30
(1) Except as otherwise provided herein, “agency” means a state agency, authority, board, 31
bureau, commission, department, district, division, institution, office, officer, quasi-public agency, 32
or other political subdivisions created by the general assembly or the governor, other than the 33
legislature or the judiciary, that is authorized by law of this state to make rules or to determine 34
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contested cases. 1
(2) “Agency action” means: 2
(i) The whole or part of an order or rule; 3
(ii) The failure to issue an order or rule; or 4
(iii) An agency’s performing, or failing to perform, a duty, function, or activity or to make 5
a determination required by law. 6
(3) “Agency head” means the individual in whom, or one or more members of the body of 7
individuals in which, the ultimate legal authority of an agency is vested. 8
(4) “Agency record” means the agency rulemaking record required by § 42-35-2.3. 9
(5) “Contested case” means a proceeding, including but not restricted to, ratemaking, price 10
fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required 11
by law to be determined by an agency after an opportunity for hearing. 12
(6) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, 13
optical, electromagnetic, or similar capabilities. 14
(7) “Electronic record” means a record created, generated, sent, communicated, received, 15
or stored by electronic means. 16
(8) “Final rule” means a rule promulgated under §§ 42-35-2.6 through 42-35-2.9, an 17
emergency rule promulgated under § 42-35-2.10, or a direct, final rule promulgated under § 42-35-18
2.11. 19
(9) “Guidance document” means a record of general applicability developed by an agency 20
which lacks the force of law but states the agency’s current approach to, or interpretation of, law 21
or describes how and when the agency will exercise discretionary functions. The term does not 22
include records described in subdivisions (19)(i), (ii), (iii), or (iv). 23
(10) “Index” means a searchable list in a record of subjects and titles with page numbers, 24
hyperlinks, or other connectors that link each index entry to the text to which it refers. 25
(11) “License” includes the whole or part of any agency permit, certificate, approval, 26
registration, charter, or similar form of permission required by law, but it does not include a license 27
required solely for revenue purposes. 28
(12) “Licensing” includes the agency process respecting the grant, denial, renewal, 29
revocation, suspension, annulment, withdrawal, or amendment of a license. 30
(13) “Order” means the whole or a part of a final disposition, whether affirmative, negative, 31
injunctive, or declaratory in form, of a contested case. 32
(14) “Party” means each person or agency named or admitted as a party, or properly 33
seeking and entitled as of right to be admitted as a party. 34
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(15) “Person” means any individual, partnership, corporation, association, the department 1
of environmental management, governmental subdivision, or public or private organization of any 2
character other than an agency. 3
(16) “Promulgate,” with respect to a rule, means the process of writing a new rule, or 4
amending or repealing an existing rule. “Promulgation” has a corresponding meaning. The process 5
of “promulgation” begins with the filing of the notice of proposed rulemaking under § 42-35-2.7 6
and ends upon the effective date of the rule. “Promulgate” also includes the completion of the 7
rulemaking process for emergency rules (§ 42-35-2.10) or direct final rules (§ 42-35-2.11), if 8
applicable. 9
(17) “Reasonable charge” means the lowest, customary charge for a service. 10
(18) “Record” means information that is inscribed on a tangible medium or that is stored 11
in an electronic or other medium and is retrievable in perceivable form. 12
(19) “Rule” means the whole or a part of an agency statement of general applicability that 13
implements, interprets, or prescribes law or policy or the organization, procedure, or practice 14
requirements of an agency and has the force of law. The term includes the amendment or repeal of 15
an existing rule. The term is used interchangeably in this chapter with the term “regulation.” The 16
term does not include: 17
(i) A statement that concerns only the internal management of an agency and which does 18
not affect private rights or procedures available to the public. Individuals under the custody or 19
supervision of the department of corrections shall be considered members of the public for the 20
purposes of this chapter, except where disclosure of any rule or portion of a rule would endanger 21
the public welfare and security, pursuant to § 38-2-2(4)(F); 22
(ii) An intergovernmental or interagency memorandum, directive, or communication that 23
does not affect private rights or procedures available to the public; 24
(iii) An opinion of the attorney general, or an opinion of the ethics commission pursuant to 25
§ 36-14-11; 26
(iv) A statement that establishes criteria or guidelines to be used by the staff of an agency 27
in performing audits, investigations, or inspections, settling commercial disputes, negotiating 28
commercial arrangements, or defending, prosecuting, or settling cases, if disclosure of the criteria 29
or guidelines would enable persons violating the law to avoid detection, facilitate disregard of 30
requirements imposed by law, or give an improper advantage to persons that are in an adverse 31
position to the state; 32
(v) A form developed by an agency to implement or interpret agency law or policy; or 33
(vi) A guidance document. 34
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(20) “Sign” means, with present intent, to authenticate a record: 1
(i) To execute a tangible symbol; or 2
(ii) To attach to or logically associate with the record an electronic symbol, sound, or 3
process. 4
(21) “Small business” shall have the same meanings that are provided for under 13 C.F.R., 5
Pt. 121, as may be amended from time to time. 6
(22) “Small business advocate” means the person appointed by the chief executive officer 7
of the commerce corporation as provided in § 42-64-34. 8
(23) “State register” means the publication required under chapter 8.2 of title 42. 9
(24) “Website” means a website on the internet or other similar technology or successor 10
technology that permits the public to search a database that archives materials required to be 11
published or exhibited by the secretary of state or an agency under this chapter. 12
(25) “Writing” means a record inscribed on a tangible medium. “Written” has a 13
corresponding meaning. 14
SECTION 4. This act shall take effect upon passage. 15
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- SOLITARY CONFINEMENT
REFORM ACT
***
This act would establish the restrictive housing oversight committee ("committee") for the 1
purpose of monitoring the use of restrictive housing ("solitary confinement"), as well as disciplinary 2
and administrative confinement at the department of corrections. This act would also authorize the 3
committee to hire an ombudsperson to assist it in its oversight duties. 4
This act would take effect upon passage. 5
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