2016 -- H 7481

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LC003483

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - HUMANE ALTERNATIVES TO

LONG-TERM SOLITARY CONFINEMENT

     

     Introduced By: Representatives Regunberg, Slater, Barros, Hull, and Bennett

     Date Introduced: February 05, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 56.4

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HUMANE ALTERNATIVES TO LONG-TERM SOLITARY CONFINEMENT

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     42-56.4-1. Legislative findings. -- The general assembly finds and declares that:

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     (1) Unlimited segregated confinement is inhumane and ineffective;

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     (2) Subjecting people to segregated confinement without meaningful human contact,

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programming, services or therapy often causes deep and permanent psychological, physical, and

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developmental harm;

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     (3) This harm not only violates common values of decency, but also is counterproductive

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because people often have more difficulty complying with prison rules after being placed in

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segregated confinement;

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     (4) Segregated confinement can be particularly devastating for certain vulnerable people,

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including: young or elderly people, pregnant women, and people with disabilities, or histories

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including addiction and trauma; and

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     (5) The United Nations Special Rapporteur on Torture concluded that solitary

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confinement can amount to torture and recommended abolishing its use beyond fifteen (15) days

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and prohibiting any use of solitary confinement for vulnerable groups or for purpose of

 

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punishment.

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     42-56.4-2. Definitions. -- As used in this chapter:

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     (1) "Emergency Confinement" means confinement in any cell for no more than twenty-

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four (24) consecutive hours and no more than forty-eight (48) total hours in any fifteen (15) day

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period, with at least one hour of out-of-cell recreation for every twenty-four (24) hours.

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     (2) "Extended segregated confinement" means segregated confinement of no more than

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fifteen (15) consecutive days and twenty (20) days total within any sixty (60) day period.

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     (3) "Residential rehabilitation unit" means secure and separate units used for therapy,

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treatment, and rehabilitative programming of people who would be placed in segregated

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confinement for more than fifteen (15) days. Such units are therapeutic and trauma-informed, and

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aim to address individual treatment and rehabilitation needs and underlying causes of problematic

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behaviors.

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     (4) "Segregated confinement" means the confinement, other than for emergency

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confinement, or for documented medical reasons or mental health emergencies, of an inmate in a

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special housing unit or in a separate housing unit or any form of keeplock, or cell confinement for

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more than seventeen (17) hours a day other than in a facility-wide lockdown.

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     (5) "Short-term segregated confinement" means segregated confinement of no more than

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three (3) consecutive days and six (6) days total within any thirty (30) day period.

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     (6) "Special housing units and separate keeplock unit" means housing units that consist of

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cells grouped so as to provide separation from the general population.

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     (7) "Special populations" means any person:

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     (i) Twenty-one (21) years of age or younger;

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     (ii) Fifty-five (55) years of age or older;

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     (iii) Suffering from mental illness or post-traumatic stress disorder;

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     (iv) Who is lesbian, gay, bisexual, transgender, queer, or intersex; or

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     (v) With a disability; including physical, mental, or developmental disability.

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     42-56.4-3. Limitations. -- (a) Persons in a special population, as defined in this chapter,

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shall not be placed in segregated confinement for any length of time. Any such persons who

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would otherwise be placed in segregated confinement shall remain in general population or be

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diverted to a residential rehabilitation unit. If a person in a special population is placed in

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emergency confinement for more than sixteen (16) hours, they shall be allowed out-of-cell at

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least four (4) hours.

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     (b) No person may be in segregated confinement for longer than necessary and never

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more than fifteen (15) consecutive days nor twenty (20) total days within any sixty (60) day

 

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period. At these limits, persons must be released from segregated confinement or diverted to a

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separate secure residential rehabilitation unit.

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     (c) All segregated confinement and residential rehabilitation units shall create the least

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restrictive environment necessary for the safety of residents, staff, and the security of the facility.

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     (d) Persons in segregated confinement shall be allowed out-of-cell at least four (4) hours

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per day, including at least one hour for recreation. Persons in residential rehabilitation units shall

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be allowed at least six (6) hours per day out-of-cell for programming, services, treatment, and/or

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meals, and an additional minimum of one hour for recreation.

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      (e) Recreation in all units shall take place in a congregate setting, unless exceptional

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circumstances mean doing so would create a significant and unreasonable risk to the safety and

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security of other incarcerated persons, staff, or the facility.

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     (f) Persons in segregated confinement and residential rehabilitation units shall:

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     (1) Receive at least comparable medical and mental health care to general population,

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including obstetrical and gynecological services, in a setting ensuring privacy and confidentiality;

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     (2) Have their basic needs met in a manner comparable to general population, and never

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have restricted diets nor any order restricting any basic need imposed as a form of punishment;

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     (3) If in a residential rehabilitation unit be able to retain all their property with them;

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     (4) Have comparable access to all services and materials as in general population; and

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     (5) Be able to retain program materials, complete program assignments, and continue

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upon return all uncompleted programs they were in prior to placement in segregated confinement

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or a residential rehabilitation unit.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - HUMANE ALTERNATIVES TO

LONG-TERM SOLITARY CONFINEMENT

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     This act would limit the time an inmate can spend in segregated confinement, prohibit the

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segregated confinement of certain vulnerable persons, and create more humane and effective

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methods of instituting such confinement.

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     This act would take effect upon passage.

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