(1) A local jail
shall not involuntarily place an individual in restrictive housing, including for
disciplinary reasons, if the individual meets any one of the following conditions:
(a) The individual is diagnosed with a serious mental illness or is exhibiting
grossly abnormal or irrational behaviors or breaks with reality or perceptions of
reality indicating the presence of a serious mental illness;
(b) The individual has self-reported a serious mental illness, suicidality, or is
exhibiting self-harm, unless a licensed mental health professional or psychiatrist
evaluates the individual and finds serious mental illness is not present;
(c) The individual has a significant auditory or visual impairment that cannot
otherwise be accommodated;
(d) The individual is pregnant or in the postpartum period;
(e) The individual is significantly neurocognitively impaired by a condition
such as dementia or a traumatic brain injury;
(f) The individual is under eighteen years of age; or
(g) The individual has an intellectual or developmental disability.
(2) (a) Notwithstanding the provisions of subsection (1) of this section, an
individual who meets one of the conditions described in subsection (1) of this
section may be placed in restrictive housing only if:
(I) Any indication of psychological distress is present and:
(A) The local jail offered to transfer the individual to a local health-care
facility for treatment, the individual agreed to the transfer, the local jail transferred
the individual to the health-care facility, and the health-care facility subsequently
discharged the individual;
(B) The local jail offered to transfer the individual to a local health-care
facility for treatment, the individual refused, and the jail communicated with a local
hospital or other twenty-four-hour mental health crisis facility to determine if the
facility would accept the individual for evaluation and mental health treatment, the
health-care facility or mental health crisis facility indicated it would accept the
individual for mental health evaluation and treatment, the jail transported the
individual to the facility, and the facility subsequently discharged the individual; or
(C) The local jail offered to transfer the individual to a local health-care
facility for treatment, the individual refused, and the jail communicated with a local
hospital or other twenty-four-hour mental health crisis facility to determine if the
facility would accept the individual for evaluation and mental health treatment, and
the health-care facility or mental health crisis facility refused to accept the
individual for mental health evaluation and treatment; and
(II) The individual poses an imminent danger to themselves or others or
remains an imminent danger to themselves or others after being discharged from a
health-care facility, local hospital, or other twenty-four-hour mental health crisis
facility and returns to the local jail; and
(III) No other less restrictive option is available and the individual is not
responding to ongoing de-escalation techniques.
(b) When an individual is placed in restrictive housing pursuant to subsection
(2)(a) of this section, the local jail shall document the facts and circumstances,
including observations and findings of all medical and mental health professionals
and local jail staff that lead to placing the individual into restrictive housing, when
the local jail staff's observations occurred, any efforts to avoid placement of the
individual into restrictive housing, and a description of all alternatives and
interventions that were attempted to avoid restrictive housing. The local jail shall
also include in the documentation any injuries experienced by the individual and the
local jail staff or other medical issues exhibited by the individual in the process of
placing the individual in restrictive housing. In circumstances in which the local jail
was unable to employ less restrictive alternatives, the local jail shall describe the
dangerous, emergent behavior that precluded use of less restrictive alternatives.
(c) The local jail shall notify its medical or mental health professionals in
writing when an individual is involuntarily placed in restrictive housing within twelve
hours of the placement.
(d) The local jail shall notify the individual's appointed or retained legal
representative, designated emergency contact, or legal guardian within twelve
hours of the individual's involuntary placement and removal in restrictive housing.
(e) At least twice per hour, a medical or mental health professional or local
jail staff shall check, face-to-face or through a window, on an individual
involuntarily placed in restrictive housing pursuant to subsection (2)(b) of this
section. If the individual is violent, demonstrating unusual or bizarre behavior, or has
indicated suicidality or self-harm, the local jail staff shall monitor the individual
every fifteen minutes or more frequently, unless a medical or mental health
professional recommends more frequent or less frequent checks. At each check for
these individuals, the medical or mental health professional or local jail staff shall
document a general description of the behaviors observed.
(f) Every twenty-four hours, a medical or mental health professional shall
assess, face-to-face, the individual placed in restrictive housing for any psychiatric
or medical contraindications to the placement. If the medical or mental health
professional observes any contraindications, the professional shall either refer the
individual immediately to a mental health professional or refer the individual for
emergency medical care. The medical or mental health professional shall document
each assessment, including the individual's health status and behavior.
(g) At least every forty-eight hours and more frequently, if possible, a mental
health professional shall assess the individual face-to-face for the need for ongoing
placement in restrictive housing and document the need for ongoing placement or
shall document an opinion that restrictive housing is no longer required.
(h) For any individual who meets one of the conditions described in
subsection (1) of this section who is placed in restrictive housing, immediately after
placement and throughout the individual's stay in restrictive housing, the local jail
shall provide the individual a clear explanation of the reason the individual has been
placed in restrictive housing, the monitoring procedures that the local jail will
employ to check the individual, the date and the time, when the individual's next
court date is, and the behavioral criteria the individual must demonstrate to be
released from restrictive housing. The local jail must provide this information to the
individual's legal representation and, if the individual gives permission, to a family
member or other designated person.
(i) (I) When an individual is placed in restrictive housing pursuant to
subsection (2)(a) of this section, the local jail shall not hold the individual in
restrictive housing for more than fifteen days in a thirty-day time period without a
written court order.
(II) If a local jail wants to hold an individual placed in restrictive housing
pursuant to subsection (2)(a) of this section for more than fifteen days in a thirty-day period, the local jail must obtain a written court order. A court shall grant the
court order if the court finds by clear and convincing evidence that:
(A) The individual poses an imminent danger to himself or herself or others;
(B) No alternative less-restrictive placement is available;
(C) The jail has exhausted all other placement alternatives; and
(D) No other options exist, including release from custody.
(III) A jail may hold an inmate in restrictive housing that meets the criteria
outlined in this subsection (2) for an additional seven days if the local jail files a
motion for court order in a timely manner prior to the expiration of the fifteen-day
restrictive housing placement and the court's decision is still pending.
(j) The local jail shall supply the individual with basic hygiene necessities,
including shaving and showering at least three times per week; exchanges of
clothing, bedding, and linen on the same basis as other individuals in the general jail
population; access to writing letters or receiving letters; opportunities for visitation;
access to legal materials; access to reading materials; a minimum of one hour of
exercise five days a week outside of the cell; access to outdoor exercise at least
one hour per week, weather permitting; telephone privileges to access the judicial
process and to be informed of family emergencies as determined by the local jail;
and access to programs and services that include, but are not limited to,
educational, religious, and recreational programs and medical, dental, and
behavioral health services and medications, unless providing the item, program, or
service would endanger the safety of the individual, other inmates or staff, or the
security of the local jail. If the local jail does not make any of these allowances, the
local jail shall daily document the denial of each item, program, or service with a
reason for the denial.
(3) Notwithstanding any other provision of this section, a local jail may place
an individual alone in a room or area from which egress is prevented if the
confinement is part of a routine practice that is applicable to substantial portions of
the jail population. The confinement must be imposed only for the completion of
administrative or security tasks and should last no longer than necessary to achieve
the task safely and effectively. The local jail shall document when the situation
occurs and for how long.
(4) A medical or mental health professional shall assess any individual
placed in restrictive housing within twenty-four hours of placement. The
professional shall assess for any psychiatric or medical contraindications to the
placement. The local jail shall document findings and observed behaviors of the
individual.
(5) The local jail shall document the time spent out of cell on a daily basis.
The documentation must include all meaningful human contact the individual
received while out of cell and any mental or medical services received.
(6) If an individual willingly and voluntarily does not wish to leave his or her
cell, the jail is not required to forcefully remove an individual from his or her cell in
order to comply with this section. Jail staff shall make a reasonable attempt to
persuade and allow the individual to leave his or her cell voluntarily and shall
document these attempts when the individual refuses to leave his or her cell.
(7) Each local jail shall produce written policies and procedures in
accordance with this part 3 and part 1 of this article 26 and shall post the policies
and procedures on the local jail's website.