Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that amends solitary confinement procedures for prisons.

Highlights:

• Prohibits an inmate from being placed in isolated confinement unless there is reasonable cause to believe that the inmate would create a substantial risk of immediate serious harm to themselves or another, including but not limited to a correction police officer or other employee or volunteer in the facility, as evidenced by recent threats or conduct (Sec. 4). 

• Prohibits an inmate from being placed in isolated confinement for more than 20 consecutive days, or for more than 30 days during any 60-day period (Sec. 4).

• Prohibits an inmate who is a member of a vulnerable population from being placed in isolated confinement (Sec. 4).

• Specifies that an inmate is a member of a vulnerable population because they are 21 years or younger, has a disability based on mental illness, or has a developmental disability, and (Sec. 4):

• May not be subject to discipline for refusing treatment or medication, or for self-harming, or related conduct or threats; and 

• Who would otherwise be placed in isolated confinement, may be screened by a correctional facility clinician, and if found to meet the standards will be placed in a specialized unit or psychiatric facility.

• Specifies that an inmate is also a member of a vulnerable population because they are 65 years or older, has a serious medical condition that cannot be effectively treated in isolated confinement, is pregnant, is in the postpartum period, or has recently suffered a miscarraige, who would otherwise be placed in an appropriate medical unit (Sec. 4).

• Prohibits an inmate in a county correctional facility from being held in isolated confinement during the final 30 days of the inmate’s term of incarceration, unless it is necessary for the safety of the inmate, staff, other inmates, or the public (Sec. 4).

• Prohibits an inmate from being held in isolated confinement based on their race, creed, color, national origin, nationality, ancestry, age, marital status, domestic partnership status, sexual orientation, genetic information, pregnancy or breastfeeding status, sex, gender identity, or disability (Sec. 4). 

• Requires correctional facilities to keep a written record or request by an inmate to be placed in voluntary protective custody (Sec. 4).

• Requires a clinician to, on a daily basis, conduct a mental and physical health status examination for inmates placed in isolated confinement (Sec. 4). 

• Defines “postpartum period” as the 45 days after childbirth (Sec. 3).

• Defines “isolated confinement” as the confinement of an inmate in a correctional facility for disciplinary, administrative, protective, investigative, or medical reasons, in a cell or similar confined holding space, alone or with other inmates, for approximately 20 hours or more per day in a state correctional facility or 22 hours or more in a county correctional facility, with severely restricted activity, movement or social interaction (Sec. 3). 

• Specifies that “isolated confinement” does not include confinement due to a facility-wide lockdown that is required to ensure the safety of inmates and staff (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends solitary confinement procedures for prisons.

Highlights:

• Prohibits an inmate from being placed in isolated confinement unless there is reasonable cause to believe that the inmate would create a substantial risk of immediate serious harm to themselves or another, including but not limited to a correction police officer or other employee or volunteer in the facility, as evidenced by recent threats or conduct (Sec. 4). 

• Prohibits an inmate from being placed in isolated confinement for more than 20 consecutive days, or for more than 30 days during any 60-day period (Sec. 4).

• Prohibits an inmate who is a member of a vulnerable population from being placed in isolated confinement (Sec. 4).

• Specifies that an inmate is a member of a vulnerable population because they are 21 years or younger, has a disability based on mental illness, or has a developmental disability, and (Sec. 4):

• May not be subject to discipline for refusing treatment or medication, or for self-harming, or related conduct or threats; and 

• Who would otherwise be placed in isolated confinement, may be screened by a correctional facility clinician, and if found to meet the standards will be placed in a specialized unit or psychiatric facility.

• Specifies that an inmate is also a member of a vulnerable population because they are 65 years or older, has a serious medical condition that cannot be effectively treated in isolated confinement, is pregnant, is in the postpartum period, or has recently suffered a miscarraige, who would otherwise be placed in an appropriate medical unit (Sec. 4).

• Prohibits an inmate in a county correctional facility from being held in isolated confinement during the final 30 days of the inmate’s term of incarceration, unless it is necessary for the safety of the inmate, staff, other inmates, or the public (Sec. 4).

• Prohibits an inmate from being held in isolated confinement based on their race, creed, color, national origin, nationality, ancestry, age, marital status, domestic partnership status, sexual orientation, genetic information, pregnancy or breastfeeding status, sex, gender identity, or disability (Sec. 4). 

• Requires correctional facilities to keep a written record or request by an inmate to be placed in voluntary protective custody (Sec. 4).

• Requires a clinician to, on a daily basis, conduct a mental and physical health status examination for inmates placed in isolated confinement (Sec. 4). 

• Defines “postpartum period” as the 45 days after childbirth (Sec. 3).

• Defines “isolated confinement” as the confinement of an inmate in a correctional facility for disciplinary, administrative, protective, investigative, or medical reasons, in a cell or similar confined holding space, alone or with other inmates, for approximately 20 hours or more per day in a state correctional facility or 22 hours or more in a county correctional facility, with severely restricted activity, movement or social interaction (Sec. 3). 

• Specifies that “isolated confinement” does not include confinement due to a facility-wide lockdown that is required to ensure the safety of inmates and staff (Sec. 3).

Full Bill Text