§ 12-32-104 — Restrictive housing prohibited - Definition

(a) As used in this section, "restrictive housing" means a housing placement that requires an inmate or detainee to be confined in a cell for at least twenty-two (22) hours per day. (b) An inmate or detainee in a correctional or detention facility shall not be placed in restrictive housing for thirty (30) or more days if the inmate or detainee: (1) Is pregnant; (2) Has delivered a child within the previous thirty (30) days and is not currently breastfeeding; (3) Is breastfeeding; or (4) Is under a physician's care for postpartum depression or other medically verifiable postpartum condition. (c) A pregnant inmate or detainee may not be placed in restrictive housing for any length of time unless the correctional or detention facility determines that the pregnant inmate's or detainee's continued presence in the general population of the correctional or detention facility poses: (1) A direct threat to: (A) The safety of a person; or (B) An unborn child or children; or (2) A clear threat to the safe and secure operations of the correctional or detention facility. (d) (1) A housing assignment for a pregnant inmate or detainee shall be made in conjunction with a licensed medical provider responsible for providing medical care for the pregnant inmate or detainee. (2) A housing assignment under subdivision (d)(1) of this section shall be reviewed by the correctional or detention facility and the licensed medical provider responsible for providing medical care for the pregnant inmate or detainee every five (5) days if the pregnant inmate or detainee has been placed in restrictive housing for up to thirty (30) days as authorized under subsection (b) of this section. (e) This section does not apply if: (1) The inmate or detainee has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (2) There is reasonable cause to believe that the use of restrictive housing is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the inmate's or detainee's recent conduct while incarcerated or detained.

Legislative History

Added by Act 2021, No. 422,§ 2, eff. 7/28/2021.