H1959 — An Act establishing reasonable limitations on the solitary confinement of inmates 21 years of age or younger

Summary

An Act establishing reasonable limitations on the solitary confinement of inmates 21 years of age or younger

Bill Text

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The bill amends the existing laws regarding the transfer and isolation of inmates based on their age and threat level to enhance safety measures in correctional institutions.

• Section 39

  The commissioner may authorize the transfer, for such period as he may determine, to a segregated unit within any correctional institution of the commonwealth, of any inmate whose continued retention in the general institution population is detrimental to the program of the institution. → At the request of the superintendent of any correctional institution of the commonwealth, the commissioner may authorize the transfer, for such period as he may determine, to a segregated unit within any correctional institution of the commonwealth, of any inmate over 21 years of age whose continued retention in the general institution population is detrimental to the program of the institution.

  This change specifies that the transfer of inmates over 21 years old to segregated units can be requested by the superintendent.

• Section 39

  At the request of the superintendent of any correctional institution of the commonwealth, the commissioner may authorize the transfer, for no longer than 48 hours, to a segregated unit within any correctional institution of the commonwealth, of any inmate 21 years of age or younger who poses an immediate and substantial threat to the safety of other inmates or officers.

  This addition allows for the temporary transfer of inmates 21 years old or younger who are deemed a threat.

• Section 39

  If after 48 hours, in the opinion of the superintendent, conclusive evidence exists, as documented in a written report, that the inmate continues to pose an immediate and substantial threat to other inmates or officers, the inmate may remain in the segregated unit up to an additional 24 hours.

  This provision permits an extension of confinement for younger inmates if there is documented evidence of continued threat.

• Section 40

  For the enforcement of discipline, an inmate in any correctional institution of the commonwealth may, at the discretion of its superintendent, be confined to an isolation unit for a period not to exceed 15 days for any one offense. → For the enforcement of discipline, an inmate over 21 years of age in any correctional institution of the commonwealth may, at the discretion of its superintendent, be confined, for a period not to exceed 15 days for any one offense, to an isolation unit.

  This change clarifies that only inmates over 21 can be confined for 15 days in isolation for discipline.

• Section 40

  Any inmate, 21 years old or younger in any correctional institution, who poses an immediate and substantial threat to the safety of other inmates or officers, may, at the discretion of the superintendent, be confined to an isolation unit for a period not to exceed 48 hours.

  This addition establishes provisions for isolating younger inmates who pose a threat for up to 48 hours.

• Section 41

  The superintendent or keeper of a jail or house of correction may set aside in such jail or house of correction 1 or more cells to be used as isolation units; but no prisoner shall be confined to such isolation unit for more than 3 days without informing the sheriff or the county commissioners thereof and of the reasons therefor; and in no case for more than 10 days for any one offense. → The superintendent or keeper of a jail or house of correction may set aside in such jail or house of correction 1 or more cells to be used as isolation units and for the enforcement of discipline may confine any inmate over 21 years of age thereto; but no prisoner shall be confined to such isolation unit for more than 3 days without informing the sheriff or the county commissioners thereof and of the reasons therefor; and in no case for more than 10 days for any one offense.

  This update maintains existing limits on the confinement of older inmates in isolation.

• Section 41

  Any inmate, 21 years old or younger in any jail or house or correction, who poses an immediate and substantial threat to the safety of other inmates or officers, may, at the discretion of the superintendent or administrator, be confined to an isolation unit for a period not to exceed 48 hours.

  This change sets a specific isolation provision for younger inmates posing a threat.

Sponsors

• David M. Rogers · Primary

Subjects