HB 364 — CORRECTIONS RESTRICTED HOUSING ACT

HOUSE BILL 364 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Antonio Maestas and Elizabeth "Liz” Thomson and Andrea Romero and Mary Kay Papen 7 9 AN ACT RELATING TO CORRECTIONS;

146 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

[NEW MATERIAL] SHORT TITLE.--This act may be e t 17 cited as the "Restricted Housing Act".

w l n d 18 SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the = = 19 Restricted Housing Act:

a l i a e r 20 A.

"correctional facility" means a jail, prison or a t m m 21 other detention facility that is used for the confinement of d r e 22 adult or juvenile persons, whether operated by the state or a c e s k 23 political subdivision of the state or a private contractor on e a n b 24 behalf of the state or a political subdivision of the state;

u [ B.

"inmate" means an adult or juvenile person who .211086.2 is under sentence to or confined in a correctional facility;

HFL/HB 364 Page 1 (1) a serious mental illness, including schizophrenia, psychosis, major depression and bipolar disorder;

[NEW MATERIAL ] RESTRICTIONS ON THE USE OF RESTRICTED HOUSING.-- e e 17 A.

An inmate who is younger than eighteen years of e e n d 18 age shall not be placed in restricted housing.

= = l ] 19 B.

An inmate who is known to be pregnant shall not a l r i 20 be placed in restricted housing.

tSECTION e4. a t HJCº C.

AnRESTRICTIONS inmateON inTHE aUSE facilityOF operatedRESTRICTED byHOUSING--INMATE theWITH mSERIOUS mMENTAL 21DISABILITY.-- eA. d r e 22 corrections department or its contractors shall not be housed c e r c 23 in restricted housing for more than fifteen consecutive days e a n b 24 and not to exceed a total of forty-five days in a twelve-month u [ period.»HJC .211086.2 - 2 - SECTION 4.

[NEW MATERIAL ] RESTRICTIONS ON THE USE OF RESTRICTED HOUSING--INMATE WITH SERIOUS MENTAL DISABILITY.-- HJCºA.»HJC An inmate with a serious mental disability shall not be placed in restricted housing;

HJCºA.(1) the inmate is:

(1)»HJC(a) known by the inmatecorrectional is:facility to have been diagnosed by a qualified health care professional as having a serious mental disability;

HJCº(1)or (a)»HJC(b) knownclearly byexhibiting theself-injurious correctionalbehavior, facilitygrossly toabnormal haveand beenirrational diagnosedbehaviors, bydelusions or suicidal behavior unless a qualified health care professional ashas havingdetermined that the behavior is unrelated to a serious mental disability;

orHFL/HB HJCº364 (2)Page (b)»HJC2 clearly(2) exhibitingthe self-injuriousrestriction behavior,on grosslyplacement abnormalin andrestricted irrationalhousing behaviors,shall delusionsnot orapply suicidalduring behaviorthe HJCºunlessfirst afive qualifiedconsecutive healthdays careof professionalthe hasinmate's determinedconfinement thatin the behaviorcorrectional isfacility; unrelated to a serious mental disability»HJC ;

HJCºB.(3) if a warden, jail administrator or person in charge of a correctional facility finds that an inmate with a serious mental disability needs to be placed in restricted housing to prevent an imminent threat of physical harm to the inmate or another person, the inmate may be placed in restricted housing for no longer than forty-eight hours, and the warden, jail administrator or other person in charge of a correctional facility shall:

(2)»HJC(a) themake restrictiona onwritten placementrecord inof restricted housing shall not apply during the firstfacts fiveand ecircumstances consecutivethat daysnecessitated of the inmate's confinementplacement in therestricted thousing; 17 w l correctional facility;

HJCº(b) and»HJCprepare na dwritten 18action HJCºC.plan describing how the facility will transition the inmate out of restricted housing at the earliest opportunity;

(3)»HJCand if(c) anotify warden,the jailfacility's administratorhealth orservices =administrator = 19 a l person in chargewriting of a correctional facility finds that an i a e r 20 inmate with a serious mental disability needs to be placed in a t m m 21 d restricted housing to prevent an imminent threat of physical r e 22 c e harm to the inmate orwas another person, the inmate may be placed s k 23 e a in restricted housing for no longer than forty-eight hours, and n b 24 u [ the warden, jail administrator or other person in chargeaccordance ofwith athis .211086.2subsection; - 3 - correctional facility shall:

HJCºand (1)(4) (a)»HJCif, makeafter fulfilling the requirements of Paragraph (3) of this subsection, a writtenwarden, recordjail administrator or person in charge of thea factscorrectional andfacility circumstancesfinds that necessitatedan inmate with a serious mental disability poses HFL/HB 364 Page 3 an ongoing and realistic threat of physical harm to another person, the inmate'sinmate placementmay be placed in restricted housing;housing for longer than forty-eight consecutive hours only if:

HJCº(a) (2)other (b)»HJCmethods preparefor aensuring writtenthe actionsafety planof describing how the facilitythreatened willperson transitionhave thebeen inmateconsidered outand ofdetermined restrictedinsufficient, housingimpractical ator theinappropriate; earliest opportunity;

and(b) HJCº (3) (c)»HJC notify the facility'sinmate medicalis professionalplaced in writingrestricted thathousing for the inmateshortest wastime placedperiod inand restrictedunder housingthe inleast accordancerestrictive withconditions thispracticable; subsection HJCº .

and»HJC HJCº(4) if, after fulfilling the requirements of Paragraph (3) of this subsection, a warden, jail administrator or person in charge of a correctional facility finds that an inmate with a serious mental e disability poses an ongoing and realistic threat of t 17 w l physical harm to another person, the inmate may be placed n d 18 = = 19 in restricted housing for longer than forty-eight a l i a consecutive hours only if:

e r 20 a t m m 21 (a) other methods for ensuring the d r e 22 safety of the threatened person have been considered and c e s k 23 determined insufficient, impractical or inappropriate;

e a n b 24 u [ .211086.2 - 4 - (b) the inmate is placed in restricted housing for the shortest time period and under the least restrictive conditions practicable;

and 8 (d) the warden, administrator or person in charge of the correctional facility:

1) makes a written record of the facts and circumstances that 11 necessitated the inmate's continued placement in restricted housing;

and 3) notifies the correctional facility's qualified health careservices tadministrator e 17 e e professional in writing that the inmate continues to be n d 18 = = placed in restricted housing in accordance with this l ] 19 i a e r 20 section.

t e m a 21 B.

For purposes of this section, "qualified d m r e 22 health care professional" means a physician, licensed physicianpsychologist, asprescribing opsychologist, tcertified snurse kpractitioner, 23HFL/HB e364 aPage defined4 inclinical Sectionnurse 61-6-6specialist NMSAwith 1978 or a psychologistspecialty as d r 24 u [ defined in Sectionmental 61-9-3health NMSAor 1978a andphysician whoassistant iswith licenseda .211086.2specialty -in 5mental -health. pursuant to the Professional Psychologist Act.»HJC SECTION 5.

[NEWSECTION MATERIAL]5. CORRECTIONAL FACILITIES-- TRANSPARENCY AND REPORTING.-- A.

CORRECTIONAL FACILITIES--TRANSPARENCY AND REPORTING.-- A.

and (2) submit a report prepared in accordance e e 17 with this subsection to the:

e e n d 18 (a) legislature, if the correctional = = l ] 19 facility is a prison;