Text of MD HB 301 (2015)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0301* HOUSE BILL 301 E4 5lr1268 CF 5lr1415 By: Delegates Carter, Anderson, Atterbeary, Campos, Conaway, Glenn, Moon, Morales, Rosenberg, Smith, Waldstreicher, and M. Washington Introduced and read first time: February 4, 2015 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Public Safety – Segregated Confinement – Report 2 FOR the purpose of requiring the Department of Public Safety and Correctional Services 3 to make an annual report on segregated confinement to the Governor; requiring 4 certain information be included in the report; defining certain terms; making 5 provisions of this Act severable; and generally related to segregated confinement. 6 BY adding to 7 Article – Correctional Services 8 Section 2–601 and 2–602 to be under the new subtitle “Subtitle 6. Segregated 9 Confinement Report” 10 Annotated Code of Maryland 11 (2008 Replacement Volume and 2014 Supplement) 12 Preamble 13 WHEREAS, The rate of segregated confinement in Maryland is approximately 8.5 14 percent, which is significantly higher than most other states; and 15 WHEREAS, The Vera Institute of Justice report produced findings and made 16 recommendations for improving the use of segregated confinement by the Department of 17 Public Safety and Correctional Services; and 18 WHEREAS, The Department has not produced a formal public response to the 19 findings and recommendations of the Vera Institute of Justice report; and 20 WHEREAS, A longitudinal account is necessary to identify patterns of use and 21 misuse of segregated confinement, but there is currently no requirement for the 22 Department to report its use of segregated confinement on an ongoing basis; and 23 2 HOUSE BILL 301 WHEREAS, The lack of uniformity in the use of segregated confinement is cause for 1 concern because offenders are disciplined differently for similar offenses; and 2 WHEREAS, The misuse of segregated confinement has a number of negative 3 consequences, including a profoundly deleterious effect on mental function caused by 4 isolation and the severe restriction of environmental and social stimulation; and 5 WHEREAS, Insufficient mental health and special needs resources increase the size 6 of the segregated population, which creates an additional burden on staff and erodes the 7 level of attention segregated inmates receive; and 8 WHEREAS, The United Nations Special Rapporteur on Torture has defined 9 long–term confinement as 14 days or more; now, therefore, 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Correctional Services 13 SUBTITLE 6. SEGREGATED CONFINEMENT REPORT. 14 2–601. 15 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16 INDICATED. 17 (B) “CORRECTIONAL FACILITY” MEANS A FACILITY OPERATED BY OR 18 UNDER CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE OF DETAINING OR 19 CONFINING ADULTS WHO ARE CHARGED WITH OR FOUND GUILTY OF A CRIME. 20 (C) (1) “SEGREGATED CONFINEMENT” MEANS PROLONGED CELL 21 CONFINEMENT OF 22 HOURS OR MORE PER DAY, WHETHER PURSUANT TO 22 DISCIPLINARY, ADMINISTRATIVE, OR CLASSIFICATION ACTION. 23 (2) “SEGREGATED CONFINEMENT” INCLUDES: 24 (I) HOUSING REFERRED TO AS DISCIPLINARY SEGREGATION, 25 ADMINISTRATIVE SEGREGATION, PROTECTIVE CUSTODY, SPECIAL HOUSING, 26 SUPER–MAXIMUM SECURITY HOUSING, RESTRICTED HOUSING, AND RESTRICTED 27 PROGRAMMING; AND 28 (II) ANY OTHER TERMINOLOGY USED TO DESCRIBE THE 29 SEPARATION OF INMATES FROM THE GENERAL PRISON POPULATION, INCLUDING 30 ISOLATION, ISOLATED CONFINEMENT, AND SOLITARY CONFINEMENT. 31 HOUSE BILL 301 3 2–602. 1 (A) ON OR BEFORE NOVEMBER 1 OF EACH YEAR, THE DEPARTMENT SHALL 2 SUBMIT A REPORT TO THE GOVERNOR DOCUMENTING THE USE OF SEGREGATED 3 CONFINEMENT BY CORRECTIONAL FACILITIES. 4 (B) EACH REPORT SHALL INCLUDE THE FOLLOWING INFORMATION, 5 DISAGGREGATED BY MONTH AND FACILITY: 6 (1) THE NUMBER OF INMATES: 7 (I) HELD IN SEGREGATED CONFINEMENT; 8 (II) HELD IN SEGREGATED CONFINEMENT WHO WERE: 9 1. UNDER 21 YEARS OF AGE AT THE TIME; 10 2. UNDER 18 YEARS OF AGE AT THE TIME; AND 11 3. OLDER THAN 60 YEARS OF AGE AT THE TIME; 12 (III) RELEASED FROM SEGREGATED CONFINEMENT; AND 13 (IV) RELEASED FROM SEGREGATED CONFINEMENT DIRECTLY 14 INTO THE COMMUNITY; 15 (2) FOR EACH INMATE HELD IN SEGREGATED CONFINEMENT: 16 (I) THE LENGTH OF TIME THAT THE INMATE SPENT IN 17 SEGREGATED CONFINEMENT, FOR EACH SEPARATE STAY IN SEGREGATED 18 CONFINEMENT; 19 (II) THE REASON THE INMATE WAS BEING HELD IN SEGREGATED 20 CONFINEMENT; 21 (III) THE INMATE’S RACE, AGE, AND GENDER; 22 (IV) IF SELF–REPORTED AND DIFFERENT FROM THE INMATE’S 23 SEX AT BIRTH, THE INMATE’S GENDER IDENTITY; 24 (V) IF SELF–REPORTED, THE INMATE’S SEXUAL ORIENTATION; 25 4 HOUSE BILL 301 (VI) THE MENTAL HEALTH STATUS OF THE INMATE, INCLUDING 1 WHETHER THE INMATE SUFFERS FROM MENTAL ILLNESS, DEVELOPMENTAL DELAY, 2 OR TRAUMATIC BRAIN INJURY; 3 (VII) IF THE INMATE SUFFERS FROM A MENTAL HEALTH 4 CONDITION, THE TREATMENT PLAN THAT WAS IMPLEMENTED FOR THAT INMATE; 5 (VIII) ANY HEARINGS, PROCEDURES, ASSESSMENTS, AND 6 DETERMINATIONS MADE THAT THE INMATE SHOULD BE REMOVED FROM OR REMAIN 7 IN SEGREGATED CONFINEMENT; AND 8 (IX) THE AMOUNT OF OUT–OF–CELL TIME, EXERCISE, 9 PROGRAMS, SERVICES, CARE, AND TREATMENT PROVIDED TO THE INMATE; 10 (3) THE NUMBER OF INMATES HELD IN SEGREGATED CONFINEMENT: 11 (I) FOR MORE THAN 154 HOURS IN A SINGLE WEEK; AND 12 (II) FOR MORE THAN 1 YEAR; 13 (4) INCIDENTS OF SELF–HARM AND ATTEMPTED SELF–HARM BY 14 INMATES HELD IN SEGREGATED CONFINEMENT; 15 (5) INCIDENTS OF DEATH OF INMATES HELD IN SEGREGATED 16 CONFINEMENT; 17 (6) COMPLAINTS OF ABUSE LODGED: 18 (I) AGAINST INMATES HELD IN SEGREGATED CONFINEMENT; 19 AND 20 (II) BY INMATES HELD IN SEGREGATED CONFINEMENT; 21 (7) THE NUMBER OF INCIDENTS IN WHICH FORCE WAS USED AGAINST 22 AN INMATE IN SEGREGATED CONFINEMENT; 23 (8) A DESCRIPTION OF PROCEDURES IMPLEMENTED TO ENSURE 24 UNIFORMITY IN THE USE OF SEGREGATED CONFINEMENT; 25 (9) THE ANNUAL AVERAGE COST PER CAPITA OF HOUSING INMATES 26 IN SEGREGATED CONFINEMENT COMPARED TO THE COST PER CAPITA OF HOUSING 27 INMATES IN THE GENERAL POPULATION; 28 HOUSE BILL 301 5 (10) THE NUMBER OF STAFF ASSIGNED TO EACH CLASSIFICATION OF 1 INMATE; 2 (11) A DESCRIPTION OF ALTERNATIVE SANCTIONS IMPOSED FOR RULE 3 VIOLATIONS, THEIR INCIDENCE OF USE, THE REASON FOR THEIR USE, AND THE 4 LENGTH OF IMPLEMENTATION; 5 (12) A DESCRIPTION OF MEASURES TAKEN TO ENSURE THAT 6 DISCIPLINARY SENTENCE LENGTHS COMPLY WITH SENTENCING GUIDELINES; 7 (13) A DESCRIPTION OF EFFORTS MADE TO MONITOR SENTENCING 8 PATTERNS AND JUSTIFICATIONS FOR OVERRIDES; 9 (14) A DESCRIPTION OF EFFORTS MADE TO REDUCE THE USE OF 10 DISCIPLINARY SEGREGATION; 11 (15) AN EXAMINATION OF WHETHER SEGREGATED CONFINEMENT IS 12 USED FOR 400–LEVEL VIOLATIONS AS THEY ARE DEFINED BY THE CODE OF 13 MARYLAND REGULATIONS; 14 (16) INFORMATION ON WHETHER PROTECTIVE CUSTODY INMATES ARE 15 HOUSED IN ADMINISTRATIVE SEGREGATION; 16 (17) A DESCRIPTION OF ANY EFFORTS MADE TO ENSURE THAT 17 SUFFICIENT, APPROPRIATE HOUSING, PROCEDURES, AND PROGRAMMING ARE 18 AVAILABLE FOR ALL CATEGORIES OF INMATE; AND 19 (18) FOR INMATES WITH MENTAL ILLNESS, DEVELOPMENTAL DELAYS, 20 OR TRAUMATIC BRAIN INJURY: 21 (I) WHETHER ADMINISTRATIVE AND SEGREGATED 22 CONFINEMENT CRITERIA HAVE BEEN REVISED TO MAINTAIN INMATES WITH MENTAL 23 ILLNESS, DEVELOPMENTAL DELAYS, AND TRAUMATIC BRAIN INJURIES IN SPECIAL 24 MANAGEMENT UNITS IN THE GENERAL POPULATION, INSTEAD OF ADMINISTRATIVE 25 OR SEGREGATED CONFINEMENT; 26 (II) A DESCRIPTION OF EFFORTS MADE TO INCREASE MENTAL 27 HEALTH AND SOCIAL WORK STAFF ACROSS FACILITIES; AND 28 (III) A DESCRIPTION OF TRAININGS CONDUCTED FOR STAFF 29 INTERACTING WITH MENTALLY ILL OR SPECIAL NEEDS INMATES. 30 6 HOUSE BILL 301 (C) THE REPORT DESCRIBED IN SUBSECTION (B) OF THIS SECTION SHALL 1 USE CODE OR IDENTIFICATION NUMBERS TO PROTECT THE IDENTITY OF INMATES. 2 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 3 the application thereof to any person or circumstance is held invalid for any reason in a 4 court of competent jurisdiction, the invalidity does not affect other provisions or any other 5 application of this Act that can be given effect without the invalid provision or application, 6 and for this purpose the provisions of this Act are declared severable. 7 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 October 1, 2015. 9