Text of MD HB 385 (2023)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0385* HOUSE BILL 385 E5 3lr1202 By: Delegate Bartlett Introduced and read first time: January 26, 2023 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Correctional Services – Restrictive Housing – Limitations 2 (Maryland Mandela Act) 3 FOR the purpose of requiring hearing officers and personnel involved with the supervision 4 and care of individuals placed in restrictive housing to undergo certain training; 5 establishing guidelines and procedures for the placement of incarcerated individuals 6 in certain types of restrictive housing or disciplinary segregation; requiring each 7 correctional facility to create a monthly report containing certain information about 8 individuals placed in restrictive housing and to publish the report on the facility’s 9 website; and generally relating to restrictive housing. 10 BY adding to 11 Article – Correctional Services 12 Section 9–614.3 and 9–614.4 13 Annotated Code of Maryland 14 (2017 Replacement Volume and 2022 Supplement) 15 BY repealing and reenacting, without amendments, 16 Article – Correctional Services 17 Section 9–614(a)(1) 18 Annotated Code of Maryland 19 (2017 Replacement Volume and 2022 Supplement) 20 BY repealing and reenacting, with amendments, 21 Article – Correctional Services 22 Section 9–614(a)(3) 23 Annotated Code of Maryland 24 (2017 Replacement Volume and 2022 Supplement) 25 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 That the Laws of Maryland read as follows: 27 2 HOUSE BILL 385 Article – Correctional Services 1 9–614.3. 2 (A) IN THIS SECTION, “RESTRICTIVE HOUSING” HAS THE MEANING STATED 3 IN § 9–614 OF THIS SUBTITLE. 4 (B) (1) ALL PERSONNEL INVOLVED IN THE SUPERVISION AND CARE OF 5 INDIVIDUALS PLACED IN RESTRICTIVE HOUSING SHALL COMPLETE AT LEAST 40 6 HOURS OF TRAINING, INCLUDING TRAINING ON TRAUMA–INFORMED CARE, BEFORE 7 BEING ASSIGNED TO A RESTRICTIVE HOUSING UNIT, AND SHALL RECEIVE AT LEAST 8 8 HOURS OF ADDITIONAL TRAINING ANNUALLY. 9 (2) A HEARING OFFICER SHALL COMPLETE AT LEAST 40 HOURS OF 10 TRAINING, INCLUDING TRAINING ON TRAUMA–INFORMED CARE, THE PHYSICAL AND 11 PSYCHOLOGICAL EFFECTS OF RESTRICTIVE HOUSING, PROCEDURAL AND DUE 12 PROCESS RIGHTS OF INCARCERATED INDIVIDUALS, AND RESTORATIVE JUSTICE 13 REMEDIES, PRIOR TO PRESIDING OVER ANY HEARINGS, AND SHALL RECEIVE AT 14 LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY. 15 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OVERTIME 16 COMPENSATION FOR PERSONNEL AND HEARING OFFICERS REQUIRED TO ATTEND 17 TRAINING UNDER THIS SECTION. 18 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19 as follows: 20 Article – Correctional Services 21 9–614. 22 (a) (1) In this section the following words have the meanings indicated. 23 (3) (i) “Restrictive housing” means [a form of physical separation that 24 has not been requested by the inmate in which the inmate is placed in a locked room or cell 25 for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 26 THAT SEPARATES INCARCERATED INDIVIDUALS FROM THE GENERAL PRISON 27 POPULATION OR THAT IMPOSES RESTRICTIONS ON PROGRAMS, SERVICES, 28 INTERACTIONS WITH OTHER INCARCERATED INDIVIDUALS, OR OTHER CONDITIONS 29 OF CONFINEMENT. 30 (ii) “Restrictive housing” includes: 31 1. administrative segregation [and]; 32 HOUSE BILL 385 3 2. disciplinary segregation; AND 1 3. RESIDENTIAL REHABILITATION UNITS, IF SEPARATE 2 HOUSING IS USED FOR THERAPY, TREATMENT, AND REHABILITATIVE 3 PROGRAMMING. 4 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 5 PARAGRAPH, “RESTRICTIVE HOUSING” DOES NOT INCLUDE A RESIDENTIAL 6 REHABILITATION UNIT. 7 9–614.4. 8 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 9 INDICATED. 10 (2) “ADMINISTRATIVE SEGREGATION” MEANS A NONPUNITIVE FORM 11 OF RESTRICTIVE HOUSING THAT REMOVES AN INDIVIDUAL FROM THE GENERAL 12 POPULATION OF THE CORRECTIONAL FACILITY FOR: 13 (I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASONS 14 RESULTING FROM A SUBSTANTIAL AND IMMEDIATE THREAT; OR 15 (II) TRANSITIONAL REASONS, INCLUDING A PENDING 16 TRANSFER, PENDING CLASSIFICATION, OR OTHER TEMPORARY ADMINISTRATIVE 17 MATTER. 18 (3) “DISCIPLINARY SEGREGATION” MEANS A FORM OF PHYSICAL 19 SEPARATION IMPOSED IN RESPONSE TO AN INDIVIDUAL BEING FOUND GUILTY BY A 20 HEARING OFFICER OF VIOLATING DEPARTMENT RULES, INSTITUTIONAL RULES, OR 21 BOTH. 22 (4) “PROTECTIVE CUSTODY” MEANS CUSTODIAL CONDITIONS 23 PROVIDED TO AN INCARCERATED INDIVIDUAL AT THE REQUEST OF THE 24 INCARCERATED INDIVIDUAL OR THROUGH A STAFF DETERMINATION THAT THE 25 INCARCERATED INDIVIDUAL REQUIRES PROTECTION. 26 (5) “RESIDENTIAL REHABILITATION UNIT” MEANS SEPARATE 27 HOUSING USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING 28 AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED INDIVIDUALS 29 OR FOR INCARCERATED INDIVIDUALS WHO REQUIRE SEPARATE HOUSING 30 FOLLOWING THEIR PLACEMENT IN RESTRICTIVE HOUSING. 31 4 HOUSE BILL 385 (6) “RESTRICTIVE HOUSING” HAS THE MEANING STATED IN § 9–614 1 OF THIS SUBTITLE. 2 (7) “SERIOUS MENTAL ILLNESS” MEANS A MENTAL DISORDER THAT: 3 (I) IS MANIFEST IN AN INDIVIDUAL AT LEAST 18 YEARS OLD; 4 (II) IS DIAGNOSED, ACCORDING TO A CURRENT DIAGNOSTIC 5 CLASSIFICATION SYSTEM RECOGNIZED BY THE SECRETARY, AS: 6 1. SCHIZOPHRENIC DISORDER; 7 2. MAJOR AFFECTIVE DISORDER; 8 3. ANOTHER PSYCHOTIC DISORDER; OR 9 4. BORDERLINE OR SCHIZOTYPAL PERSONALITY 10 DISORDER, EXCLUDING AN ABNORMALITY THAT MANIFESTS ONLY AS REPEATED 11 CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT; 12 (III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 13 CONTINUING OR INTERMITTENT BASIS FOR AT LEAST 2 YEARS; AND 14 (IV) INCLUDES AT LEAST THREE OF THE FOLLOWING: 15 1. INABILITY TO MAINTAIN EMPLOYMENT; 16 2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENTIONS 17 BY THE MENTAL HEALTH SYSTEM; 18 3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 19 SUPPORT LIVING IN THE COMMUNITY DUE TO COGNITIVE DISORGANIZATION; 20 4. SEVERE INABILITY TO ESTABLISH OR MAINTAIN A 21 PERSONAL SUPPORT SYSTEM; OR 22 5. NEED FOR ASSISTANCE WITH BASIC LIVING SKILLS. 23 (8) “VULNERABLE INDIVIDUAL” MEANS AN INDIVIDUAL WHO: 24 (I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 25 (II) HAS A DEVELOPMENTAL DISABILITY; 26 HOUSE BILL 385 5 (III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MENTAL 1 ILLNESS; 2 (IV) HAS A SERIOUS MEDICAL CONDITION THAT CANNOT 3 EFFECTIVELY BE TREATED IN ISOLATED CONFINEMENT; 4 (V) IS PREGNANT, IS IN THE POSTPARTUM PERIOD, OR HAS 5 RECENTLY SUFFERED A MISCARRIAGE OR TERMINATED A PREGNANCY; 6 (VI) HAS A SIGNIFICANT AUDITORY OR VISUAL IMPAIRMENT; OR 7 (VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN, GAY, 8 BISEXUAL, TRANSGENDER, GENDER NONCONFORMING, OR INTERSEX. 9 (B) A VULNERABLE INDIVIDUAL MAY NOT BE PLACED IN RESTRICTIVE 10 HOUSING. 11 (C) AN INDIVIDUAL MAY NOT BE PLACED IN RESTRICTIVE HOUSING BASED 12 SOLELY ON: 13 (1) CONFIDENTIAL INFORMATION CONSIDERED BY THE FACILITY 14 STAFF, BUT NOT PROVIDED TO THE INCARCERATED INDIVIDUAL OR INCLUDED IN 15 REQUIRED RECORDS; 16 (2) GANG OR ENEMY AFFILIATION; OR 17 (3) PROTECTION OF THE INDIVIDUAL FROM THE REST OF THE 18 DETAINED POPULATION OR A LIKELY ABUSER. 19 (D) THE MANAGING OFFICIAL OF A CORRECTIONAL FACILITY SHALL 20 ENSURE THAT EACH INCARCERATED INDIVIDUAL PLACED IN RESTRICTIVE HOUSING 21 IS PROVIDED THE FOLLOWING INFORMATION, IN A LANGUAGE OR MANNER THE 22 INDIVIDUAL CAN UNDERSTAND, WITHIN 24 HOURS OF THE INDIVIDUAL’S 23 PLACEMENT IN RESTRICTIVE HOUSING: 24 (1) NOTICE OF THE FACTS AND CIRCUMSTANCES THAT LED TO 25 PLACING THE INDIVIDUAL IN RESTRICTIVE HOUSING; 26 (2) A STATEMENT THAT A LESS RESTRICTIVE INTERVENTION WOULD 27 BE INSUFFICIENT TO REDUCE RISK; 28 (3) THE PROCEDURES THAT THE FACILITY WILL EMPLOY TO MONITOR 29 6 HOUSE BILL 385 THE INDIVIDUAL; 1 (4) THE DATE AND TIME OF THE INDIVIDUAL’S NEXT COURT DATE OR 2 ADMINISTRATIVE HEARING DATE, IF APPLICABLE; 3 (5) COPIES OF ALL DOCUMENTS, FILES, AND RECORDS RELATING TO 4 THE INDIVIDUAL’S PLACEMENT IN RESTRICTIVE HOUSING, UNLESS A DOCUMENT, 5 FILE, OR RECORD CONTAINS CONTRABAND, CLASSIFIED INFORMATION, OR 6 SENSITIVE SECURITY INFORMATION; AND 7 (6) AN EXPLANATION OF THE PROCESS TO APPEAL THE INITIAL 8 PLACEMENT OR CONTINUED PLACEMENT OF THE INCARCERATED INDIVIDUAL IN 9 RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 10 (E) (1) AN INCARCERATED INDIVIDUAL SHALL BE PROVIDED THE 11 OPPORTUNITY TO CONTEST THE RESTRICTIVE HOUSING PLACEMENT IN AN 12 ADMINISTRATIVE HEARING WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 13 EVERY 15 DAYS THEREAFTER, IN THE ABSENCE OF EXCEPTIONAL CIRCUMSTANCES, 14 UNAVOIDABLE DELAYS, OR REASONABLE POSTPONEMENTS. 15 (2) THE INCARCERATED INDIVIDUAL SHALL HAVE THE RIGHT TO 16 APPEAR AND BE REPRESENTED BY AN ATTORNEY OR ADVOCATE OF THE 17 INDIVIDUAL’S CHOOSING AND AT THE INDIVIDUAL’S OWN EXPENSE AT ALL 18 HEARINGS CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 19 (3) IF AN INDIVIDUAL IS PLACED IN RESTRICTIVE HOUSING DUE TO 20 EMERGENCY CIRCUMSTANCES, A REVIEW HEARING SHALL BE CONDUCTED AS SOON 21 AS POSSIBLE AFTER THE INITIAL PLACEMENT. 22 (F) (1) IF AN INDIVIDUAL IN RESTRICTIVE HOUSING DISPUTES A 23 DECISION MADE BY A FACILITY STAFF MEMBER OR FACILITY MEDICAL 24 PROFESSIONAL REGARDING THE INDIVIDUAL’S STATUS AS A VULNERABLE 25 INDIVIDUAL, THE INDIVIDUAL MAY REQUEST AND RECEIVE A SECONDARY REVIEW 26 OF THE DETERMINATION BY THE MANAGING OFFICIAL OR CHIEF PHYSICIAN, AS 27 APPROPRIATE. 28 (2) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED OR 29 RETAINED IN RESTRICTIVE HOUSING IF, FOLLOWING A SECONDARY REVIEW UNDER 30 PARAGRAPH (1) OF THIS SUBSECTION, THE MANAGING OFFICIAL OR CHIEF 31 PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 32 FOR CONFINEMENT. 33 (G) (1) AN INCARCERATED INDIVIDUAL MAY NOT BE SUBJECT TO 34 HOUSE BILL 385 7 ADMINISTRATIVE SEGREGATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 1 (2) (I) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED IN 2 RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNLESS THE 3 COMMISSIONER OF CORRECTION OR THE COMMISSIONER’S DESIGNEE ISSUES A 4 WRITTEN DECISION, FOLLOWING AN EVIDENTIARY HEARING, THAT STATES BASED 5 ON SPECIFIC OBJECTIVE CRITERIA THAT: 6 1. THE INCARCERATED INDIVIDUAL: 7 A. COMMITTED AN ACT CAUSING SERIOUS INJURY TO OR 8 DEATH OF ANOTHER; 9 B. COMMITTED SEXUAL ASSAULT; 10 C. COMMITTED EXTORTION; 11 D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 12 VIOLATE RULES OF THE FACILITY; 13 E. LED OR INCITED A RIOT; OR 14 F. PROCURED DEADLY WEAPONS OR OTHER 15 CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 16 2. THE ACT WAS SO HEINOUS OR DESTRUCTIVE THAT 17 PLACEMENT IN THE GENERAL POPULATION WOULD CREATE A SIGNIFICANT RISK OF 18 IMMINENT SERIOUS PHYSICAL INJURY. 19 (II) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED IN 20 RESTRICTIVE HOUSING FOR MORE THAN 60 DAYS IN A 365–DAY PERIOD. 21 (H) (1) AN INCARCERATED INDIVIDUAL WHO HAS BEEN FOUND GUILTY 22 OF AN INFRACTION THAT IS INCLUDED IN ANY INFRACTION CATEGORY OTHER THAN 23 THE MOST SERIOUS CATEGORY MAY NOT BE SUBJECT TO MORE THAN A VERBAL 24 WARNING FOR A FIRST INFRACTION. 25 (2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLINARY 26 SEGREGATION ONLY IF THE INDIVIDUAL IS FOUND GUILTY OF AN INFRACTION THAT 27 IS INCLUDED IN THE MOST SERIOUS INFRACTION CATEGORY. 28 (II) FOR A FIRST INFRACTION INCLUDED IN THE MOST SERIOUS 29 INFRACTION CATEGORY, AN INDIVIDUAL MAY NOT BE SUBJECT TO MORE THAN 15 30 8 HOUSE BILL 385 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 1 (III) FOR A SECOND INFRACTION INCLUDED IN THE MOST 2 SERIOUS INFRACTION CATEGORY, AN INDIVIDUAL MAY NOT BE SUBJECT TO MORE 3 THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 4 (IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATIVE 5 SEGREGATION FOR AN INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 6 DURING THE INVESTIGATION OF AN INFRACTION INCLUDED IN THE MOST SERIOUS 7 INFRACTION CATEGORY ALLEGEDLY COMMITTED BY THE INDIVIDUAL, THE 8 CUMULATIVE TIME THAT THE INDIVIDUAL MAY BE HELD IN BOTH ADMINISTRATIVE 9 AND DISCIPLINARY SEGREGATION MAY NOT EXCEED 15 DAYS FOR A FIRST 10 INFRACTION AND 30 DAYS FOR A SECOND INFRACTION. 11 (I) (1) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING SHALL 12 BE PROVIDED WITH WEEKLY COMPREHENSIVE PHYSICAL AND MENTAL HEALTH 13 ASSESSMENTS BY A MULTIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 14 (I) AT LEAST ONE LICENSED MENTAL HEALTH PROFESSIONAL; 15 (II) AT LEAST ONE MEDICAL PROFESSIONAL; AND 16 (III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 17 FACILITY. 18 (2) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING SHALL 19 BE PROVIDED WITH THE SAME SERVICES AND ACCESS THAT IS PROVIDED TO 20 INCARCERATED INDIVIDUALS NOT IN RESTRICTIVE HOUSING, INCLUDING: 21 (I) NO LIMITATIONS ON SERVICES, TREATMENTS, OR BASIC 22 NEEDS SUCH AS FOOD, CLOTHING, AND BEDDING; 23 (II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 24 PUNISHMENT; 25 (III) ACCESS TO CASE MANAGEMENT, CLERGY, AND MENTAL 26 HEALTH PROFESSIONALS; AND 27 (IV) MAXIMIZED ACCESS TO RECREATION, EDUCATION, READING 28 MATERIALS, AND PROGRAMMING. 29 (3) AN INCARCERATED INDIVIDUAL SHALL BE OFFERED 30 PROGRAMMING LED BY PROGRAM OR THERAPEUTIC STAFF COMPARABLE TO THE 31 HOUSE BILL 385 9 PROGRAMMING OFFERED TO INCARCERATED INDIVIDUALS NOT IN RESTRICTIVE 1 HOUSING. 2 (4) (I) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING 3 SHALL BE OFFERED AT LEAST 4 HOURS OF OUT–OF–CELL PROGRAMMING PER DAY, 4 INCLUDING AT LEAST 1 HOUR FOR RECREATION. 5 (II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 6 THIS SUBPARAGRAPH, OUT–OF–CELL TIME MAY INCLUDE PEER–LED PROGRAMS, 7 TIME IN A DAY ROOM OR RECREATION AREA WITH OTHER INDIVIDUALS, 8 CONGREGATE MEALS, VOLUNTEER PROGRAMS, OR OTHER CONGREGATE 9 ACTIVITIES. 10 2. IF THE FACILITY ADMINISTRATOR OR MEDICAL OR 11 MENTAL HEALTH PROFESSIONAL DETERMINES THAT AN INDIVIDUAL POSES AN 12 EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT PHYSICAL HARM TO THE 13 SAFETY OR SECURITY OF OTHER INCARCERATED INDIVIDUALS OR STAFF, THE 14 FACILITY SHALL PROVIDE THE INDIVIDUAL WITH THE REQUIRED OUT–OF–CELL 15 TIME IN AN APPROPRIATE MANNER THAT PROVIDES ACCESS TO STAFF–BASED 16 PROGRAMMING AND CONTACT WITH PERSONS OTHER THAN CORRECTIONAL 17 FACILITY STAFF. 18 3. A FACILITY SHALL DOCUMENT ANY PROGRAM 19 RESTRICTIONS IT IMPOSES IN WRITING, INCLUDING THE BASIS FOR LIMITING 20 ACCESS TO CONGREGATE PROGRAMMING AND A DESCRIPTION OF WHY THE 21 INDIVIDUAL CURRENTLY POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF 22 IMMINENT PHYSICAL HARM TO THE SAFETY OR SECURITY OF INCARCERATED 23 PERSONS OR STAFF AND PROVIDE A COPY TO THE INCARCERATED INDIVIDUAL. 24 (III) A FACILITY MAY NOT CONDUCT OUT–OF–CELL 25 PROGRAMMING OPPORTUNITIES IN A SMALLER CAGE OR THERAPY MODULE. 26 (IV) TIME SPENT ON HOUSEKEEPING OR IN PAID EMPLOYMENT 27 MAY NOT BE CONSIDERED OUT–OF–CELL PROGRAMMING. 28 (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 29 FACILITY SHALL CONDUCT AN EXTERNAL VISUAL CHECK ON AN INDIVIDUAL 30 INVOLUNTARILY PLACED IN RESTRICTIVE HOUSING AT LEAST TWICE PER SHIFT. 31 (2) IF AN INDIVIDUAL INVOLUNTARILY PLACED IN RESTRICTIVE 32 HOUSING IS DEMONSTRATING UNUSUAL BEHAVIOR OR HAS INDICATED SUICIDALITY 33 OR SELF–HARM, THE FACILITY SHALL MONITOR THE INDIVIDUAL EVERY 15 34 MINUTES, OR MORE FREQUENTLY IF RECOMMENDED BY A MEDICAL OR MENTAL 35 10 HOUSE BILL 385 HEALTH PROFESSIONAL. 1 (3) AN INDIVIDUAL INVOLUNTARILY PLACED IN RESTRICTIVE 2 HOUSING SHALL BE ASSESSED BY A MEDICAL OR MENTAL HEALTH PROFESSIONAL 3 WITHIN 24 HOURS OF PLACEMENT AND BY A MENTAL HEALTH PROFESSIONAL EVERY 4 48 HOURS THEREAFTER. 5 (K) RESTRAINTS MAY NOT BE USED ON AN INCARCERATED INDIVIDUAL 6 PLACED IN RESTRICTIVE HOUSING, IN THE PROCESS OF BEING PLACED IN OR 7 RELEASED FROM RESTRICTIVE HOUSING, OR BEING MOVED OR TRANSPORTED TO 8 OR FROM RESTRICTIVE HOUSING FOR THE PURPOSES OF RECREATION, PROGRAMS, 9 OR OTHER SERVICES, UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 10 RESTRAINTS ARE REQUIRED DUE TO AN EXTRAORDINARY AND UNACCEPTABLE RISK 11 OF IMMINENT PHYSICAL HARM TO THE SAFETY OR SECURITY OF INCARCERATED 12 INDIVIDUALS OR STAFF. 13 (L) (1) AN INCARCERATED INDIVIDUAL MAY BE PLACED IN SEGREGATED 14 HOUSING FOR MEDICAL PURPOSES, SUBJECT TO THE FOLLOWING LIMITATIONS: 15 (I) THE INDIVIDUAL IS KEPT IN THE SEGREGATED HOUSING 16 FOR THE SHORTEST AMOUNT OF TIME REQUIRED TO REDUCE THE RISK OF 17 INFECTION; 18 (II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 19 FEDERAL PUBLIC HEALTH GUIDANCE; AND 20 (III) A LICENSED PHYSICIAN OR NURSE PRACTITIONER HAS 21 PROVIDED WRITTEN APPROVAL OF THE PLACEMENT. 22 (2) AN INCARCERATED INDIVIDUAL PLACED IN SEGREGATED 23 HOUSING FOR MEDICAL PURPOSES SHALL BE ALLOWED TO PARTICIPATE IN 24 PROGRAMS AND SERVICES, SUBJECT TO CONSIDERATIONS OF THE HEALTH AND 25 SECURITY OF THE INDIVIDUAL, OTHER INCARCERATED INDIVIDUALS, FACILITY 26 STAFF, VISITORS, AND THE PUBLIC. 27 (M) (1) IF AN INCARCERATED INDIVIDUAL FEARS FOR THE INDIVIDUAL’S 28 SAFETY, THE FACILITY SHALL TRANSFER THE INDIVIDUAL TO MORE APPROPRIATE 29 HOUSING OTHER THAN RESTRICTIVE HOUSING, INCLUDING A SINGLE CELL, A 30 DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 31 (2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSING UNDER 32 PARAGRAPH (1) OF THIS SUBSECTION SHALL BE GRANTED FULL ACCESS TO 33 OUT–OF–CELL TIME, PROGRAMMING, AND OTHER SERVICES AVAILABLE TO THE 34 HOUSE BILL 385 11 REST OF THE DETAINED POPULATION. 1 (N) THE DECISION TO REMOVE ANY PERSONAL ITEMS FROM AN 2 INCARCERATED INDIVIDUAL PLACED IN RESTRICTIVE HOUSING OR RESTRICT THE 3 INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 4 SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANAGING 5 OFFICIAL BEFORE THE INCARCERATED INDIVIDUAL’S MOVE TO RESTRICTIVE 6 HOUSING OR AS SOON AS POSSIBLE AFTER. 7 (O) PLACEMENT OF AN INCARCERATED INDIVIDUAL IN ADMINISTRATIVE 8 SEGREGATION OR PROTECTIVE CUSTODY MAY NOT BE NOTED IN THE 9 INCARCERATED INDIVIDUAL’S BASE FILE OR INSTITUTIONAL RECORD IF THE 10 NOTATION WOULD SERVE TO INTERRUPT THE INCARCERATED INDIVIDUAL’S 11 PROGRAMMING ELIGIBILITY, PAROLE CONSIDERATIONS, SECURITY STATUS 12 CHANGES, OR OTHER OPPORTUNITIES. 13 (P) (1) EACH CORRECTIONAL FACILITY SHALL CREATE A MONTHLY 14 REPORT STATING THE TOTAL NUMBER OF INDIVIDUALS HELD IN RESTRICTIVE 15 HOUSING IN THE PRECEDING MONTH, THE LENGTH OF TIME THOSE INDIVIDUALS 16 HAVE BEEN HELD IN RESTRICTIVE HOUSING, AND DEMOGRAPHIC INFORMATION 17 FOR THOSE INDIVIDUALS, INCLUDING AGE, RACE, AND GENDER. 18 (2) A CORRECTIONAL FACILITY SHALL POST THE REPORTS 19 REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE CORRECTIONAL 20 FACILITY’S WEBSITE. 21 (Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 22 REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 23 STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 24 (1) IMPROVE THE CONDITIONS OF CONFINEMENT IN RESTRICTIVE 25 HOUSING BY ALLOWING OPPORTUNITIES FOR OUT–OF–CELL TIME AND 26 CONGREGATE ACTIVITY, PROVIDING INCARCERATED INDIVIDUALS IN RESTRICTIVE 27 HOUSING DAILY OUTDOOR RECREATION TIME, AND CREATING MORE 28 OPPORTUNITIES FOR PRODUCTIVE IN–CELL ACTIVITIES; 29 (2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 30 DISCIPLINARY SANCTIONS; 31 (3) ELIMINATE RESTRICTIVE HOUSING SANCTIONS FOR MINOR 32 VIOLATIONS; 33 (4) CREATE DE–ESCALATION SPACES AND ESTABLISH A SYSTEM THAT 34 12 HOUSE BILL 385 ALLOWS INCARCERATED INDIVIDUALS IN RESTRICTIVE HOUSING TO ACCESS THOSE 1 SPACES FOR MEANINGFUL PERIODS OF TIME; 2 (5) CREATE, IN COORDINATION WITH EACH INCARCERATED 3 INDIVIDUAL ENTERING RESTRICTIVE HOUSING, STRATEGIES DESIGNED TO RETURN 4 THE INDIVIDUAL TO THE GENERAL POPULATION IN THE LEAST AMOUNT OF TIME; 5 AND 6 (6) AMEND POLICIES TO SPECIFY THAT DISCIPLINARY SEGREGATION 7 IS A SANCTION OF LAST RESORT. 8 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9 effect January 1, 2024. 10 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 11 3 of this Act, this Act shall take effect October 1, 2023. 12