Text of MD SB 45 (2023)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0045* SENATE BILL 45 E5 3lr0664 (PRE–FILED) CF 3lr1202 By: Senator Lee Requested: November 1, 2022 Introduced and read first time: January 11, 2023 Assigned to: Judicial Proceedings 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 2 SENATE BILL 45 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Correctional Services 3 9–614.3. 4 (A) IN THIS SECTION, “RESTRICTIVE HOUSING” HAS THE MEANING STATED 5 IN § 9–614 OF THIS SUBTITLE. 6 (B) (1) ALL PERSONNEL INVOLVED IN THE SUPERVISION AND CARE OF 7 INDIVIDUALS PLACED IN RESTRICTIVE HOUSING SHALL COMPLETE AT LEAST 40 8 HOURS OF TRAINING, INCLUDING TRAINING ON TRAUMA–INFORMED CARE, BEFORE 9 BEING ASSIGNED TO A RESTRICTIVE HOUSING UNIT, AND SHALL RECEIVE AT LEAST 10 8 HOURS OF ADDITIONAL TRAINING ANNUALLY. 11 (2) A HEARING OFFICER SHALL COMPLETE AT LEAST 40 HOURS OF 12 TRAINING, INCLUDING TRAINING ON TRAUMA–INFORMED CARE, THE PHYSICAL AND 13 PSYCHOLOGICAL EFFECTS OF RESTRICTIVE HOUSING, PROCEDURAL AND DUE 14 PROCESS RIGHTS OF INCARCERATED INDIVIDUALS, AND RESTORATIVE JUSTICE 15 REMEDIES, PRIOR TO PRESIDING OVER ANY HEARINGS, AND SHALL RECEIVE AT 16 LEAST 8 HOURS OF ADDITIONAL TRAINING ANNUALLY. 17 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OVERTIME 18 COMPENSATION FOR PERSONNEL AND HEARING OFFICERS REQUIRED TO ATTEND 19 TRAINING UNDER THIS SECTION. 20 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21 as follows: 22 Article – Correctional Services 23 9–614. 24 (a) (1) In this section the following words have the meanings indicated. 25 (3) (i) “Restrictive housing” means [a form of physical separation that 26 has not been requested by the inmate in which the inmate is placed in a locked room or cell 27 for approximately 22 hours or more out of a 24–hour period] ANY FORM OF HOUSING 28 THAT SEPARATES INCARCERATED INDIVIDUALS FROM THE GENERAL PRISON 29 POPULATION OR THAT IMPOSES RESTRICTIONS ON PROGRAMS, SERVICES, 30 INTERACTIONS WITH OTHER INCARCERATED INDIVIDUALS, OR OTHER CONDITIONS 31 OF CONFINEMENT. 32 (ii) “Restrictive housing” includes: 33 SENATE BILL 45 3 1. administrative segregation [and]; 1 2. disciplinary segregation; AND 2 3. RESIDENTIAL REHABILITATION UNITS, IF SEPARATE 3 HOUSING IS USED FOR THERAPY, TREATMENT, AND REHABILITATIVE 4 PROGRAMMING. 5 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)3 OF THIS 6 PARAGRAPH, “RESTRICTIVE HOUSING” DOES NOT INCLUDE A RESIDENTIAL 7 REHABILITATION UNIT. 8 9–614.4. 9 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 10 INDICATED. 11 (2) “ADMINISTRATIVE SEGREGATION” MEANS A NONPUNITIVE FORM 12 OF RESTRICTIVE HOUSING THAT REMOVES AN INDIVIDUAL FROM THE GENERAL 13 POPULATION OF THE CORRECTIONAL FACILITY FOR: 14 (I) INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASONS 15 RESULTING FROM A SUBSTANTIAL AND IMMEDIATE THREAT; OR 16 (II) TRANSITIONAL REASONS, INCLUDING A PENDING 17 TRANSFER, PENDING CLASSIFICATION, OR OTHER TEMPORARY ADMINISTRATIVE 18 MATTER. 19 (3) “DISCIPLINARY SEGREGATION” MEANS A FORM OF PHYSICAL 20 SEPARATION IMPOSED IN RESPONSE TO AN INDIVIDUAL BEING FOUND GUILTY BY A 21 HEARING OFFICER OF VIOLATING DEPARTMENT RULES, INSTITUTIONAL RULES, OR 22 BOTH. 23 (4) “PROTECTIVE CUSTODY” MEANS CUSTODIAL CONDITIONS 24 PROVIDED TO AN INCARCERATED INDIVIDUAL AT THE REQUEST OF THE 25 INCARCERATED INDIVIDUAL OR THROUGH A STAFF DETERMINATION THAT THE 26 INCARCERATED INDIVIDUAL REQUIRES PROTECTION. 27 (5) “RESIDENTIAL REHABILITATION UNIT” MEANS SEPARATE 28 HOUSING USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING 29 AS AN ALTERNATIVE TO RESTRICTIVE HOUSING FOR INCARCERATED INDIVIDUALS 30 4 SENATE BILL 45 OR FOR INCARCERATED INDIVIDUALS WHO REQUIRE SEPARATE HOUSING 1 FOLLOWING THEIR PLACEMENT IN RESTRICTIVE HOUSING. 2 (6) “RESTRICTIVE HOUSING” HAS THE MEANING STATED IN § 9–614 3 OF THIS SUBTITLE. 4 (7) “SERIOUS MENTAL ILLNESS” MEANS A MENTAL DISORDER THAT: 5 (I) IS MANIFEST IN AN INDIVIDUAL AT LEAST 18 YEARS OLD; 6 (II) IS DIAGNOSED, ACCORDING TO A CURRENT DIAGNOSTIC 7 CLASSIFICATION SYSTEM RECOGNIZED BY THE SECRETARY, AS: 8 1. SCHIZOPHRENIC DISORDER; 9 2. MAJOR AFFECTIVE DISORDER; 10 3. ANOTHER PSYCHOTIC DISORDER; OR 11 4. BORDERLINE OR SCHIZOTYPAL PERSONALITY 12 DISORDER, EXCLUDING AN ABNORMALITY THAT MANIFESTS ONLY AS REPEATED 13 CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT; 14 (III) IS CHARACTERIZED BY IMPAIRED FUNCTION ON A 15 CONTINUING OR INTERMITTENT BASIS FOR AT LEAST 2 YEARS; AND 16 (IV) INCLUDES AT LEAST THREE OF THE FOLLOWING: 17 1. INABILITY TO MAINTAIN EMPLOYMENT; 18 2. SOCIAL BEHAVIOR THAT RESULTS IN INTERVENTIONS 19 BY THE MENTAL HEALTH SYSTEM; 20 3. INABILITY TO PROCURE FINANCIAL ASSISTANCE TO 21 SUPPORT LIVING IN THE COMMUNITY DUE TO COGNITIVE DISORGANIZATION; 22 4. SEVERE INABILITY TO ESTABLISH OR MAINTAIN A 23 PERSONAL SUPPORT SYSTEM; OR 24 5. NEED FOR ASSISTANCE WITH BASIC LIVING SKILLS. 25 (8) “VULNERABLE INDIVIDUAL” MEANS AN INDIVIDUAL WHO: 26 SENATE BILL 45 5 (I) IS UNDER THE AGE OF 26 YEARS OR AT LEAST 55 YEARS OLD; 1 (II) HAS A DEVELOPMENTAL DISABILITY; 2 (III) HAS BEEN IDENTIFIED AS HAVING A SERIOUS MENTAL 3 ILLNESS; 4 (IV) HAS A SERIOUS MEDICAL CONDITION THAT CANNOT 5 EFFECTIVELY BE TREATED IN ISOLATED CONFINEMENT; 6 (V) IS PREGNANT, IS IN THE POSTPARTUM PERIOD, OR HAS 7 RECENTLY SUFFERED A MISCARRIAGE OR TERMINATED A PREGNANCY; 8 (VI) HAS A SIGNIFICANT AUDITORY OR VISUAL IMPAIRMENT; OR 9 (VII) IDENTIFIES AS OR IS PERCEIVED AS LESBIAN, GAY, 10 BISEXUAL, TRANSGENDER, GENDER NONCONFORMING, OR INTERSEX. 11 (B) A VULNERABLE INDIVIDUAL MAY NOT BE PLACED IN RESTRICTIVE 12 HOUSING. 13 (C) AN INDIVIDUAL MAY NOT BE PLACED IN RESTRICTIVE HOUSING BASED 14 SOLELY ON: 15 (1) CONFIDENTIAL INFORMATION CONSIDERED BY THE FACILITY 16 STAFF, BUT NOT PROVIDED TO THE INCARCERATED INDIVIDUAL OR INCLUDED IN 17 REQUIRED RECORDS; 18 (2) GANG OR ENEMY AFFILIATION; OR 19 (3) PROTECTION OF THE INDIVIDUAL FROM THE REST OF THE 20 DETAINED POPULATION OR A LIKELY ABUSER. 21 (D) THE MANAGING OFFICIAL OF A CORRECTIONAL FACILITY SHALL 22 ENSURE THAT EACH INCARCERATED INDIVIDUAL PLACED IN RESTRICTIVE HOUSING 23 IS PROVIDED THE FOLLOWING INFORMATION, IN A LANGUAGE OR MANNER THE 24 INDIVIDUAL CAN UNDERSTAND, WITHIN 24 HOURS OF THE INDIVIDUAL’S 25 PLACEMENT IN RESTRICTIVE HOUSING: 26 (1) NOTICE OF THE FACTS AND CIRCUMSTANCES THAT LED TO 27 PLACING THE INDIVIDUAL IN RESTRICTIVE HOUSING; 28 6 SENATE BILL 45 (2) A STATEMENT THAT A LESS RESTRICTIVE INTERVENTION WOULD 1 BE INSUFFICIENT TO REDUCE RISK; 2 (3) THE PROCEDURES THAT THE FACILITY WILL EMPLOY TO MONITOR 3 THE INDIVIDUAL; 4 (4) THE DATE AND TIME OF THE INDIVIDUAL’S NEXT COURT DATE OR 5 ADMINISTRATIVE HEARING DATE, IF APPLICABLE; 6 (5) COPIES OF ALL DOCUMENTS, FILES, AND RECORDS RELATING TO 7 THE INDIVIDUAL’S PLACEMENT IN RESTRICTIVE HOUSING, UNLESS A DOCUMENT, 8 FILE, OR RECORD CONTAINS CONTRABAND, CLASSIFIED INFORMATION, OR 9 SENSITIVE SECURITY INFORMATION; AND 10 (6) AN EXPLANATION OF THE PROCESS TO APPEAL THE INITIAL 11 PLACEMENT OR CONTINUED PLACEMENT OF THE INCARCERATED INDIVIDUAL IN 12 RESTRICTIVE HOUSING UNDER SUBSECTION (E) OF THIS SECTION. 13 (E) (1) AN INCARCERATED INDIVIDUAL SHALL BE PROVIDED THE 14 OPPORTUNITY TO CONTEST THE RESTRICTIVE HOUSING PLACEMENT IN AN 15 ADMINISTRATIVE HEARING WITHIN 72 HOURS OF THE INITIAL PLACEMENT AND 16 EVERY 15 DAYS THEREAFTER, IN THE ABSENCE OF EXCEPTIONAL CIRCUMSTANCES, 17 UNAVOIDABLE DELAYS, OR REASONABLE POSTPONEMENTS. 18 (2) THE INCARCERATED INDIVIDUAL SHALL HAVE THE RIGHT TO 19 APPEAR AND BE REPRESENTED BY AN ATTORNEY OR ADVOCATE OF THE 20 INDIVIDUAL’S CHOOSING AND AT THE INDIVIDUAL’S OWN EXPENSE AT ALL 21 HEARINGS CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 22 (3) IF AN INDIVIDUAL IS PLACED IN RESTRICTIVE HOUSING DUE TO 23 EMERGENCY CIRCUMSTANCES, A REVIEW HEARING SHALL BE CONDUCTED AS SOON 24 AS POSSIBLE AFTER THE INITIAL PLACEMENT. 25 (F) (1) IF AN INDIVIDUAL IN RESTRICTIVE HOUSING DISPUTES A 26 DECISION MADE BY A FACILITY STAFF MEMBER OR FACILITY MEDICAL 27 PROFESSIONAL REGARDING THE INDIVIDUAL’S STATUS AS A VULNERABLE 28 INDIVIDUAL, THE INDIVIDUAL MAY REQUEST AND RECEIVE A SECONDARY REVIEW 29 OF THE DETERMINATION BY THE MANAGING OFFICIAL OR CHIEF PHYSICIAN, AS 30 APPROPRIATE. 31 (2) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED OR 32 RETAINED IN RESTRICTIVE HOUSING IF, FOLLOWING A SECONDARY REVIEW UNDER 33 PARAGRAPH (1) OF THIS SUBSECTION, THE MANAGING OFFICIAL OR CHIEF 34 SENATE BILL 45 7 PHYSICIAN DETERMINES THAT THE INDIVIDUAL NO LONGER MEETS THE STANDARD 1 FOR CONFINEMENT. 2 (G) (1) AN INCARCERATED INDIVIDUAL MAY NOT BE SUBJECT TO 3 ADMINISTRATIVE SEGREGATION FOR MORE THAN 15 DAYS IN A 365–DAY PERIOD. 4 (2) (I) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED IN 5 RESTRICTIVE HOUSING FOR MORE THAN 3 CONSECUTIVE DAYS UNLESS THE 6 COMMISSIONER OF CORRECTION OR THE COMMISSIONER’S DESIGNEE ISSUES A 7 WRITTEN DECISION, FOLLOWING AN EVIDENTIARY HEARING, THAT STATES BASED 8 ON SPECIFIC OBJECTIVE CRITERIA THAT: 9 1. THE INCARCERATED INDIVIDUAL: 10 A. COMMITTED AN ACT CAUSING SERIOUS INJURY TO OR 11 DEATH OF ANOTHER; 12 B. COMMITTED SEXUAL ASSAULT; 13 C. COMMITTED EXTORTION; 14 D. COERCED OR ATTEMPTED TO COERCE ANOTHER TO 15 VIOLATE RULES OF THE FACILITY; 16 E. LED OR INCITED A RIOT; OR 17 F. PROCURED DEADLY WEAPONS OR OTHER 18 CONTRABAND THAT POSE A SERIOUS THREAT TO SECURITY; AND 19 2. THE ACT WAS SO HEINOUS OR DESTRUCTIVE THAT 20 PLACEMENT IN THE GENERAL POPULATION WOULD CREATE A SIGNIFICANT RISK OF 21 IMMINENT SERIOUS PHYSICAL INJURY. 22 (II) AN INCARCERATED INDIVIDUAL MAY NOT BE PLACED IN 23 RESTRICTIVE HOUSING FOR MORE THAN 60 DAYS IN A 365–DAY PERIOD. 24 (H) (1) AN INCARCERATED INDIVIDUAL WHO HAS BEEN FOUND GUILTY 25 OF AN INFRACTION THAT IS INCLUDED IN ANY INFRACTION CATEGORY OTHER THAN 26 THE MOST SERIOUS CATEGORY MAY NOT BE SUBJECT TO MORE THAN A VERBAL 27 WARNING FOR A FIRST INFRACTION. 28 8 SENATE BILL 45 (2) (I) AN INDIVIDUAL MAY BE SUBJECT TO DISCIPLINARY 1 SEGREGATION ONLY IF THE INDIVIDUAL IS FOUND GUILTY OF AN INFRACTION THAT 2 IS INCLUDED IN THE MOST SERIOUS INFRACTION CATEGORY. 3 (II) FOR A FIRST INFRACTION INCLUDED IN THE MOST SERIOUS 4 INFRACTION CATEGORY, AN INDIVIDUAL MAY NOT BE SUBJECT TO MORE THAN 15 5 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 6 (III) FOR A SECOND INFRACTION INCLUDED IN THE MOST 7 SERIOUS INFRACTION CATEGORY, AN INDIVIDUAL MAY NOT BE SUBJECT TO MORE 8 THAN 30 DAYS OF DISCIPLINARY SEGREGATION EVERY 90 DAYS. 9 (IV) IF AN INDIVIDUAL WAS HELD IN ADMINISTRATIVE 10 SEGREGATION FOR AN INVESTIGATIVE, PROTECTIVE, OR PREVENTIVE REASON 11 DURING THE INVESTIGATION OF AN INFRACTION INCLUDED IN THE MOST SERIOUS 12 INFRACTION CATEGORY ALLEGEDLY COMMITTED BY THE INDIVIDUAL, THE 13 CUMULATIVE TIME THAT THE INDIVIDUAL MAY BE HELD IN BOTH ADMINISTRATIVE 14 AND DISCIPLINARY SEGREGATION MAY NOT EXCEED 15 DAYS FOR A FIRST 15 INFRACTION AND 30 DAYS FOR A SECOND INFRACTION. 16 (I) (1) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING SHALL 17 BE PROVIDED WITH WEEKLY COMPREHENSIVE PHYSICAL AND MENTAL HEALTH 18 ASSESSMENTS BY A MULTIDISCIPLINARY STAFF COMMITTEE CONSISTING OF: 19 (I) AT LEAST ONE LICENSED MENTAL HEALTH PROFESSIONAL; 20 (II) AT LEAST ONE MEDICAL PROFESSIONAL; AND 21 (III) AT LEAST ONE MEMBER OF THE MANAGEMENT OF THE 22 FACILITY. 23 (2) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING SHALL 24 BE PROVIDED WITH THE SAME SERVICES AND ACCESS THAT IS PROVIDED TO 25 INCARCERATED INDIVIDUALS NOT IN RESTRICTIVE HOUSING, INCLUDING: 26 (I) NO LIMITATIONS ON SERVICES, TREATMENTS, OR BASIC 27 NEEDS SUCH AS FOOD, CLOTHING, AND BEDDING; 28 (II) NO IMPOSITION OF ANY CHANGE IN DIET AS A FORM OF 29 PUNISHMENT; 30 (III) ACCESS TO CASE MANAGEMENT, CLERGY, AND MENTAL 31 HEALTH PROFESSIONALS; AND 32 SENATE BILL 45 9 (IV) MAXIMIZED ACCESS TO RECREATION, EDUCATION, READING 1 MATERIALS, AND PROGRAMMING. 2 (3) AN INCARCERATED INDIVIDUAL SHALL BE OFFERED 3 PROGRAMMING LED BY PROGRAM OR THERAPEUTIC STAFF COMPARABLE TO THE 4 PROGRAMMING OFFERED TO INCARCERATED INDIVIDUALS NOT IN RESTRICTIVE 5 HOUSING. 6 (4) (I) AN INCARCERATED INDIVIDUAL IN RESTRICTIVE HOUSING 7 SHALL BE OFFERED AT LEAST 4 HOURS OF OUT–OF–CELL PROGRAMMING PER DAY, 8 INCLUDING AT LEAST 1 HOUR FOR RECREATION. 9 (II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 10 THIS SUBPARAGRAPH, OUT–OF–CELL TIME MAY INCLUDE PEER–LED PROGRAMS, 11 TIME IN A DAY ROOM OR RECREATION AREA WITH OTHER INDIVIDUALS, 12 CONGREGATE MEALS, VOLUNTEER PROGRAMS, OR OTHER CONGREGATE 13 ACTIVITIES. 14 2. IF THE FACILITY ADMINISTRATOR OR MEDICAL OR 15 MENTAL HEALTH PROFESSIONAL DETERMINES THAT AN INDIVIDUAL POSES AN 16 EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT PHYSICAL HARM TO THE 17 SAFETY OR SECURITY OF OTHER INCARCERATED INDIVIDUALS OR STAFF, THE 18 FACILITY SHALL PROVIDE THE INDIVIDUAL WITH THE REQUIRED OUT–OF–CELL 19 TIME IN AN APPROPRIATE MANNER THAT PROVIDES ACCESS TO STAFF–BASED 20 PROGRAMMING AND CONTACT WITH PERSONS OTHER THAN CORRECTIONAL 21 FACILITY STAFF. 22 3. A FACILITY SHALL DOCUMENT ANY PROGRAM 23 RESTRICTIONS IT IMPOSES IN WRITING, INCLUDING THE BASIS FOR LIMITING 24 ACCESS TO CONGREGATE PROGRAMMING AND A DESCRIPTION OF WHY THE 25 INDIVIDUAL CURRENTLY POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF 26 IMMINENT PHYSICAL HARM TO THE SAFETY OR SECURITY OF INCARCERATED 27 PERSONS OR STAFF AND PROVIDE A COPY TO THE INCARCERATED INDIVIDUAL. 28 (III) A FACILITY MAY NOT CONDUCT OUT–OF–CELL 29 PROGRAMMING OPPORTUNITIES IN A SMALLER CAGE OR THERAPY MODULE. 30 (IV) TIME SPENT ON HOUSEKEEPING OR IN PAID EMPLOYMENT 31 MAY NOT BE CONSIDERED OUT–OF–CELL PROGRAMMING. 32 10 SENATE BILL 45 (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 1 FACILITY SHALL CONDUCT AN EXTERNAL VISUAL CHECK ON AN INDIVIDUAL 2 INVOLUNTARILY PLACED IN RESTRICTIVE HOUSING AT LEAST TWICE PER SHIFT. 3 (2) IF AN INDIVIDUAL INVOLUNTARILY PLACED IN RESTRICTIVE 4 HOUSING IS DEMONSTRATING UNUSUAL BEHAVIOR OR HAS INDICATED SUICIDALITY 5 OR SELF–HARM, THE FACILITY SHALL MONITOR THE INDIVIDUAL EVERY 15 6 MINUTES, OR MORE FREQUENTLY IF RECOMMENDED BY A MEDICAL OR MENTAL 7 HEALTH PROFESSIONAL. 8 (3) AN INDIVIDUAL INVOLUNTARILY PLACED IN RESTRICTIVE 9 HOUSING SHALL BE ASSESSED BY A MEDICAL OR MENTAL HEALTH PROFESSIONAL 10 WITHIN 24 HOURS OF PLACEMENT AND BY A MENTAL HEALTH PROFESSIONAL EVERY 11 48 HOURS THEREAFTER. 12 (K) RESTRAINTS MAY NOT BE USED ON AN INCARCERATED INDIVIDUAL 13 PLACED IN RESTRICTIVE HOUSING, IN THE PROCESS OF BEING PLACED IN OR 14 RELEASED FROM RESTRICTIVE HOUSING, OR BEING MOVED OR TRANSPORTED TO 15 OR FROM RESTRICTIVE HOUSING FOR THE PURPOSES OF RECREATION, PROGRAMS, 16 OR OTHER SERVICES, UNLESS THE FACILITY HAS DOCUMENTED THAT SUCH 17 RESTRAINTS ARE REQUIRED DUE TO AN EXTRAORDINARY AND UNACCEPTABLE RISK 18 OF IMMINENT PHYSICAL HARM TO THE SAFETY OR SECURITY OF INCARCERATED 19 INDIVIDUALS OR STAFF. 20 (L) (1) AN INCARCERATED INDIVIDUAL MAY BE PLACED IN SEGREGATED 21 HOUSING FOR MEDICAL PURPOSES, SUBJECT TO THE FOLLOWING LIMITATIONS: 22 (I) THE INDIVIDUAL IS KEPT IN THE SEGREGATED HOUSING 23 FOR THE SHORTEST AMOUNT OF TIME REQUIRED TO REDUCE THE RISK OF 24 INFECTION; 25 (II) THE PLACEMENT IS IN ACCORDANCE WITH STATE AND 26 FEDERAL PUBLIC HEALTH GUIDANCE; AND 27 (III) A LICENSED PHYSICIAN OR NURSE PRACTITIONER HAS 28 PROVIDED WRITTEN APPROVAL OF THE PLACEMENT. 29 (2) AN INCARCERATED INDIVIDUAL PLACED IN SEGREGATED 30 HOUSING FOR MEDICAL PURPOSES SHALL BE ALLOWED TO PARTICIPATE IN 31 PROGRAMS AND SERVICES, SUBJECT TO CONSIDERATIONS OF THE HEALTH AND 32 SECURITY OF THE INDIVIDUAL, OTHER INCARCERATED INDIVIDUALS, FACILITY 33 STAFF, VISITORS, AND THE PUBLIC. 34 SENATE BILL 45 11 (M) (1) IF AN INCARCERATED INDIVIDUAL FEARS FOR THE INDIVIDUAL’S 1 SAFETY, THE FACILITY SHALL TRANSFER THE INDIVIDUAL TO MORE APPROPRIATE 2 HOUSING OTHER THAN RESTRICTIVE HOUSING, INCLUDING A SINGLE CELL, A 3 DIFFERENT SECTION OF THE FACILITY, OR A SENSITIVE NEEDS YARD. 4 (2) AN INDIVIDUAL PLACED IN ALTERNATIVE HOUSING UNDER 5 PARAGRAPH (1) OF THIS SUBSECTION SHALL BE GRANTED FULL ACCESS TO 6 OUT–OF–CELL TIME, PROGRAMMING, AND OTHER SERVICES AVAILABLE TO THE 7 REST OF THE DETAINED POPULATION. 8 (N) THE DECISION TO REMOVE ANY PERSONAL ITEMS FROM AN 9 INCARCERATED INDIVIDUAL PLACED IN RESTRICTIVE HOUSING OR RESTRICT THE 10 INDIVIDUAL’S ACCESS TO PROGRAMS OR SERVICES WHILE IN RESTRICTIVE HOUSING 11 SHALL BE MADE BY THE MANAGING OFFICIAL OR DESIGNEE OF THE MANAGING 12 OFFICIAL BEFORE THE INCARCERATED INDIVIDUAL’S MOVE TO RESTRICTIVE 13 HOUSING OR AS SOON AS POSSIBLE AFTER. 14 (O) PLACEMENT OF AN INCARCERATED INDIVIDUAL IN ADMINISTRATIVE 15 SEGREGATION OR PROTECTIVE CUSTODY MAY NOT BE NOTED IN THE 16 INCARCERATED INDIVIDUAL’S BASE FILE OR INSTITUTIONAL RECORD IF THE 17 NOTATION WOULD SERVE TO INTERRUPT THE INCARCERATED INDIVIDUAL’S 18 PROGRAMMING ELIGIBILITY, PAROLE CONSIDERATIONS, SECURITY STATUS 19 CHANGES, OR OTHER OPPORTUNITIES. 20 (P) (1) EACH CORRECTIONAL FACILITY SHALL CREATE A MONTHLY 21 REPORT STATING THE TOTAL NUMBER OF INDIVIDUALS HELD IN RESTRICTIVE 22 HOUSING IN THE PRECEDING MONTH, THE LENGTH OF TIME THOSE INDIVIDUALS 23 HAVE BEEN HELD IN RESTRICTIVE HOUSING, AND DEMOGRAPHIC INFORMATION 24 FOR THOSE INDIVIDUALS, INCLUDING AGE, RACE, AND GENDER. 25 (2) A CORRECTIONAL FACILITY SHALL POST THE REPORTS 26 REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE CORRECTIONAL 27 FACILITY’S WEBSITE. 28 (Q) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 29 REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 30 STATE GOVERNMENT ARTICLE, ON THE STEPS THE DEPARTMENT HAS TAKEN TO: 31 (1) IMPROVE THE CONDITIONS OF CONFINEMENT IN RESTRICTIVE 32 HOUSING BY ALLOWING OPPORTUNITIES FOR OUT–OF–CELL TIME AND 33 CONGREGATE ACTIVITY, PROVIDING INCARCERATED INDIVIDUALS IN RESTRICTIVE 34 HOUSING DAILY OUTDOOR RECREATION TIME, AND CREATING MORE 35 OPPORTUNITIES FOR PRODUCTIVE IN–CELL ACTIVITIES; 36 12 SENATE BILL 45 (2) LIMIT THE NUMBER OF VIOLATIONS THAT ARE ELIGIBLE FOR 1 DISCIPLINARY SANCTIONS; 2 (3) ELIMINATE RESTRICTIVE HOUSING SANCTIONS FOR MINOR 3 VIOLATIONS; 4 (4) CREATE DE–ESCALATION SPACES AND ESTABLISH A SYSTEM THAT 5 ALLOWS INCARCERATED INDIVIDUALS IN RESTRICTIVE HOUSING TO ACCESS THOSE 6 SPACES FOR MEANINGFUL PERIODS OF TIME; 7 (5) CREATE, IN COORDINATION WITH EACH INCARCERATED 8 INDIVIDUAL ENTERING RESTRICTIVE HOUSING, STRATEGIES DESIGNED TO RETURN 9 THE INDIVIDUAL TO THE GENERAL POPULATION IN THE LEAST AMOUNT OF TIME; 10 AND 11 (6) AMEND POLICIES TO SPECIFY THAT DISCIPLINARY SEGREGATION 12 IS A SANCTION OF LAST RESORT. 13 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 14 effect January 1, 2024. 15 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 16 3 of this Act, this Act shall take effect October 1, 2023. 17