SB2520

SECTION 1. The legislature finds that incarcerated individuals with mental health issues are more likely to be placed in solitary confinement than other incarcerated individuals. According to the University of Massachusetts, incarcerated individuals with mental health issues are thirty-six per cent more likely to be placed in solitary confinement. Additionally, based on an analysis of 63,772 incarcerated individuals between January 2008 and January 2012, the University of Cincinnati Corrections Institute found higher rates of recidivism among those incarcerated individuals who were subjected to more severe punishments.

Accordingly, the purpose of this Act is to establish procedures for the use of administrative and disciplinary segregation in correctional facilities.

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§353- Administrative segregation; disciplinary segregation; restrictions on use; training. (a) Administrative and disciplinary segregation shall only be used when less severe forms of punishment are not available and when a committed person commits an offense involving violence; escapes or attempts to escape; or poses a serious threat to the safety of other committed persons or correctional facility staff, or both.

(b) The use of administrative segregation in correctional facilities shall be restricted as follows:

(1) The maximum length of time that a committed person may be held in administrative segregation shall be fourteen days during any thirty-day period;

(2) On every third day, or sooner, following initial placement in administrative segregation, the facility program committee shall hold a hearing to determine if continued placement in administrative segregation is warranted; and

(3) A committed person held in administrative segregation shall not be denied food; water; access to appropriate medical care, including emergency services; or any other basic necessities.

(c) To the extent possible, each correctional facility shall provide all committed persons in administrative segregation with:

(1) In-cell programming;

(2) Frequent face-to-face interaction with correctional facility staff;

(3) Access to:

(A) Television or radio, or both;

(B) Telephone communications and other forms of correspondence; and

(4) The ability to earn additional privileges and fewer restrictions, regardless of whether the committed person remains in administrative segregation;

(5) Except during a period of inclement weather, access to the outdoors for exercise;

(6) The following amenities in the committed person's cell:

(A) A mattress that is supported by a bedframe;

(B) A desk, with seating, that is suitable for writing;

(D) Natural light; and

(E) A source of light that is sufficient to permit reading; and

(7) For committed persons being considered for long-term segregation, a hearing conducted to determine whether long-term segregation is necessary and appropriate.

The director may adopt rules pursuant to chapter 91 as may be necessary to implement this subsection.

(d) The use of disciplinary segregation in correctional facilities shall be restricted as follows:

(1) The maximum length of time that a committed person may be held in disciplinary segregation shall be sixty days during any one hundred eighty-day period;

(2) On every tenth day, or sooner, of disciplinary segregation, an adjustment committee shall hold a hearing, and any recommendation to extend the disciplinary segregation shall be approved by the institution's division administrator, medical director, and staff psychiatrist; and

(3) A committed person held in disciplinary segregation shall not be denied food; water; access to appropriate medical care, including emergency services; or any other basic necessities.

(e) The use of administrative or disciplinary segregation on a committed person deemed to be a member of a vulnerable population shall be restricted as follows:

(1) Administrative or disciplinary segregation shall not be used unless the correctional facility has previously attempted all other less restrictive forms of punishment;

(2) The committed person shall undergo a mental and physical examination and be cleared by the appropriate medical staff before being placed in administrative or disciplinary segregation; and

(3) The committed person shall be evaluated by health and mental health clinicians daily while in segregation.

(f) Each correctional facility shall:

(1) Instruct any committed person placed in administrative or disciplinary segregation of the requirements to return to the general prison population;

(2) Notify any committed person placed in administrative or disciplinary segregation that the purpose of the administrative or disciplinary segregation is for rehabilitative treatment and not punishment; and

(3) Generate and maintain records of all committed persons who have been subjected to administrative or disciplinary segregation; provided that these records shall include the dates and length of time of segregation, names and identification numbers of the committed person, justification for segregation, and alternative forms of punishment sought; provided further that the correctional facility shall make these records available for inspection by the legislature and the Hawaii correctional system oversight commission during normal business hours.

(g) No correctional facility shall subject any committed person to:

(1) Indefinite administrative or disciplinary segregation;

(2) Prolonged administrative or disciplinary segregation; or

(3) Placement in a continuously dark or lit cell.

(h) All correctional facilities' staff who work with committed persons held in administrative or disciplinary segregation shall undergo appropriate training as determined by the department to develop the skills necessary to protect the mental and physical health of committed persons held in segregation.

(i) Nothing in this section shall be construed as authorizing the use of any tortuous, cruel, inhuman, or degrading punishments.

(j) As used in this section:

"Administrative segregation" means temporary segregation of a committed person on the order of a watch commander or higher authority, when the committed person's continued presence in general prison population presents an immediate threat to the safety of self or others, jeopardizes the integrity of an investigation of alleged serious misconduct or criminal activity, or endangers institutional security.

"Disciplinary segregation" means segregation of a committed person by placement of the committed person in a designated segregation housing unit in a cell separated from the general prison population after being found guilty of a misconduct violation and issued a sanction by a formal adjustment committee hearing. "Disciplinary segregation" includes the loss of certain privileges consistent with the department's policies and as authorized by the appropriate corrections officer.

"Member of a vulnerable population" means a committed person who:

(1) Is twenty-one years of age or younger;

(2) Is sixty-five years of age or older;

(3) Has a mental or physical disability or a history of psychiatric hospitalization, or has recently exhibited conduct, including but not limited to serious self-mutilation, that indicates the need for further observation or evaluation to determine the presence of mental illness;

(4) Has a developmental disability;

(5) Has significant auditory or visual impairment;

(6) Has a serious medical condition that cannot be effectively treated in isolated confinement;

(7) Is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated pregnancy; or

(8) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.

"Segregation" means confinement of a committed person in a cell that is separated from the general prison population."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2520
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII