HB 1244 — Restorative housing and isolated confinement; restrictions on use.

SESSION INTRODUCEDENROLLED 24104675DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 53.1-39.2 of the Code of Virginia, relating to restorative housing and isolated confinement;

1244restrictions Offeredon Januaryuse. 10, 2024 N Prefiled January 10, 2024 T A Bisolated confinement;

restrictionsR on use.e Code of Virginia, relating to restorative housinR and –––––––––– Patrons––Cole, Hope, Mundon King, Rasoul, Seibold and Glass O ––––––––––[H D1244] ReferredApproved toL CommitteeL on Public Safety –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

A.E § 53.1-39.2.

AsRestorative usedhousing in this section:using or isolated confinement;

ED "Facility administrator" means the superintendent, warden, or person otherwise in charge of the correctional facility.

incarceratedH person"Medical needsevaluation" medicalmeans treatmentan andevaluation shallthat is done for the purpose of determining whether1the signed recommendations of a medical practitioner.hall be done in a manner that is consistent withwi4h the signed"Medical recommendationspractitioner" ofmeans a medicalphysician, practitioner.physician's assistant, nurse practitioner, or practical nurse licensed in the Commonwealth or in the jurisdiction where the treatment is to be rendered or withheld.

B "Medical practitioner" means a physician, physician's assistant, nurse practitioner, or prac2ical nurse licensed in the Commonwealth or in the jurisdiction where the treatment is to be rendered or withheld.

"Mental health professional" means the same as that term is defined in § 54.1-2400.1 who is trained in "Out-of-cell programmatic interventions" means that the incarcerated person is either in a congregate setting with other incarcerated persons receiving educational, vocational, rehabilitative, or therapeutic instruction or is individually with one or more staff members who will be offering medical, mental health,health orevaluations. some other social service.

35congregate "Recreation"setting meanswith theother spaceincarcerated andpersons opportunityreceiving foreducational, meaningfulvocational, physicalrehabilitative, activityor outsidetherapeutic theinstruction cellor andis 36individually housingwith unit.one or more staff members who will be offering medical, mental health, or some other social service.

/"Recreation" 37 "Restorative housing" means specialthe purposespace bed assignments operated under maximum security 38 regulations and proceduresopportunity and utilized for themeaningful personalphysical protectionactivity oroutside custodialthe managementcell ofand anhousing incB.unit.

No"Restorative incarceratedhousing" personmeans inspecial apurpose statebed correctionalassignments facilityoperated shallunder bemaximum placedsecurity inregulations restorativeand housingprocedures orand inutilized isolated confinement by any designation for longerthe thanpersonal 15protection consecutiveor days,custodial includingmanagement anyof investigativean time, in any 60-day period, unless (i) such incarcerated personperson. requests placement in restorative housing or isolated confinement with informed voluntary consent,;

isolated confinement by any designation for longer than 15 consecutive days, including any investigativein time, in any 60-day period, unless (i) such incarcerated person requests placement in restorative housing or isolated confinement with informed voluntary consent,;

or (iv) suchthe person'splacement behavioris threatensnecessary thefor orderlymedical operationisolation, ofas thedetermined facility,and provideddocumented that:by a licensed medical professional;

presentsor a(iv) substantial(v) threatsuch toperson's thebehavior safethreatens determinedthe andorderly documentedoperation inof detail by the facilityfacility, headprovided orthat: designee.

anypresents a substantial less-restrictive setting, as 1.determined and documented in detail by the facility head or designee.

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An incarcerated person who is in restorative housing or isolated confinement for his own HB1244 2 of 3 protection based on his request or with his informed voluntary consent may opt out of restorative of 3 housing or isolated confinement by voluntarily removing his consent to remain in restorative housing or isolated confinement by providing informed voluntary refusal;.

In any situation in which the facility administrator determines that an incarcerated person shall be placed in isolated confinement to prevent an imminent threat of physical harm to the incarcerated person or another person, the incarcerated person may be placed in isolated confinement for no longer than 15 consecutive days, including any investigative time period, in any one 60-day period.

An incarcerated person may be placed in an additional period of isolated confinement, not to exceed a single period of 15 consecutive days, only in those situations where a new, documented incident of behavioral misconduct occurs after the completion of the initial period of isolated confinement and such behavioral misconduct creates an imminent threat of physical harm to the incarcerated person or another person and such threat cannot be alleviated through any less restrictive measures.

An incarcerated person who has been placed in restorative housing, isolated confinement, or any other population without full privileges,privileges shall be offered a minimum of four hours of out-of-cell programmatic interventions or other congregate activities per day, including classes, work assignments, or therapeutic treatment, aimed at promoting personal development or addressing underlying causes of problematic behavior, which may include recreation in.

of 3 Any lockdown covering part or all of any facility that interrupts out-of-cell programmatic interventions (i) shall require that a specific and necessary security purpose be served that cannotcEnnot be achievedas withoutthat confinementpurpose andis interruption;served;

(ii)(iv) shall documentlast suchno purpose;longer than seven days unless the facility head formallyon requests and receives permission from the regional administrator before seven days have passed;

(iii)(v) shall endhave asa soondocumented astimeline thatand purposestandard isof served;completion when lasting more than seven days;

(iv)and shall(vi) lastmay nonot longeroccur more than sevenonce dayswithin unless30 thedays facilitywithout headapproval formallyfrom requeststhe andregional receivesadministratOr permissionlockdowns, fromincluding the regionalreasons administratorwhy beforesecurity sevencannot daysbe havemaintained passed;without additional lockdown time.

(v) of 3 (vi) may not occur more than once within 30 days without approval from the regional administratIrd confirming that a new, specific, documented security risk has developed that warrants such extensive Such documentation shall be provided to the Director and published on the Department's website.time.website.L E.

E.The facility administrator shall ensure that any incarcerated person placed in restorative housing, workday of such placement, unless such evaluation was completed within the previous week.in oneE F.

The facility administrator shall ensurehave thata anydefined and publicly available policy and procedure for the process of transitioning an incarcerated person placed in restorative housing,housing forout anyof reason,such isrestorative providedhousing withand aback medicalto evaluationthe andgeneral apopulation mentalof healththe evaluationfacility, withinsubject oneRto worF.the approval of the Director.

Theprotective facilitycustody administratorsettings shallthat havedo anot definedconstitute andrestorative publiclyhousing.nt available policy and procedure for the process of transitioning an incarcerated personpersons placed in restorativeH. housing out of such restoDative houG.

Nothing in this section shall be construed to prevent the placement of incarcerated persoUs in protective custody settings that do not constitute restorative housing.

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