§ 15:865 — Solitary confinement abolished

§865. Solitary confinement abolished
A. Except as provided in Subsections B and C of this Section, no prisoner in the state
penitentiary shall be placed in solitary confinement, except in enforcing obedience to the
police regulations of the penitentiary.
B. Notwithstanding Subsection A of this Section and except as provided in
Subsection C of this Section, no prisoner in any penal or correctional institution who is
pregnant, or is less than eight weeks post medical release following a pregnancy, or is caring
for a child in a penal or correctional institution shall be placed in solitary confinement.
C. The provisions of this Section prohibiting the placement of prisoners in solitary
confinement do not apply under either of the following circumstances:
(1) The prisoner has engaged in an act of violence while incarcerated that either
resulted in or was likely to result in serious bodily injury or death to another.
(2) There is reasonable cause to believe that the use of solitary confinement is
necessary to reduce a substantial risk of imminent serious bodily injury or death to another,
as evidenced by the prisoner's recent conduct while incarcerated.
D. Any prisoner in a penal or correctional institution who is placed into solitary
confinement shall be provided access to all educational training and materials or religious
materials he would otherwise have access to in the least restrictive housing available at the
institution unless the governing authority of the penal or correctional institution, or its
designee, determines any of the following:
(1) Access to educational training and materials or religious materials presents a
security risk.
(2) Access to educational training and materials or religious materials is not feasible
due to the nature of the program, training, or materials.
(3) Circumstances exist pertaining to the reason for the prisoner's placement in
solitary confinement that are incongruous with access to educational training and materials
or religious materials.
E. For the purposes of this Section, "educational training" means any program
offered at that penal or correctional institution, including but not limited to career and
technical education, special education, high school equivalency preparation, literacy, adult
basic education, developmental studies, higher education degree programs, and any other
programs that are or will be offered.

Legislative History

Amended by Acts 2020, No. 140, §1; Acts 2025, No. 278, §1.