Vetoed by Governor Ned Lamont

Vote Smart's Synopsis:

Vote to pass a bill that limits the use of solitary confinement.

Highlights:

• Requires the Correction Ombuds to submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to corrections regarding the conditions of confinement in the state's correctional facilities and halfway houses (Sec. 1.n).

• Classifies "member of a vulnerable population" as any incarcerated person who (Sec. 2-11):

• Is 21 years of age or younger, or 65 years of age or older;

• Has a mental disability, a history of psychiatric hospitalization, or has recently exhibited self-harming conduct, including, but not limited to, self-mutilation;

• Has a developmental disability;

• 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 miscarriage or terminated a pregnancy; or

• Has a significant auditory or visual impairment;

• Specifies if a correctional facility is holding an incarcerated person in isolated confinement, the department will (Sec. 2.b-4):

• Not later than 24 hours after initiating the process of holding such person in isolated confinement, ensure a physician personally conducts a physical examination and a therapist personally conducts a mental health evaluation of such person to determine whether such person is a member of a vulnerable population;

• Ensure continuous monitoring to ensure the person's safety and well-being;

• Ensure that any person held in isolated confinement shall have sufficient and regular access to a toilet, water, food, light, air and heat;

• Continue de-escalation efforts; and

• End isolated confinement of the person as soon as the threat of the serious incident or of imminent physical harm to others has passed or such person no longer requests segregation for such person's protection.

• Requires a correctional facility to do the following if an inmate is placed in restraints (Sec. 2-4):

• Ensure continuous monitoring to ensure the person's safety and well-being, including requiring a medical professional to check the imposition of restraints and every two hours thereafter to ensure adequate circulation and range of movement to avoid pain and to permit the incarcerated person to perform necessary bodily functions, including breathing, eating, drinking, standing, lying down, sitting and using the toilet;

• Ensure that no physical restraints are imposed upon an incarcerated inmate who is showering or exercising;

• Continue de-escalation efforts; and

• End the use of physical restraints on the incarcerated person as soon as the threat of the serious incident or imminent physical harm to others has passed.

• Establishes only a therapist may order an incarcerated person to be subjected to the use of restraints pursuant to this subsection. After an in-person evaluation by a therapist of an incarcerated person and a determination by the therapist that restraints are necessary to prevent a substantiated threat of imminent physical harm by an incarcerated person to himself or herself or others due to an acute disturbance of behavior, thought or mood, the therapist may order such person to be subjected to restraints for an initial period of not more than 2 hours (Sec. 2-3).

• Requires listing the number of incidents, broken down by correctional facility, for each of the following in the previous calendar year and categorized as (Sec. 2-4):

• Suicides;

• Attempted suicides;

• Self-harm;

• Use of force by staff members against incarcerated persons;

• Assaults by incarcerated persons on staff members; and

• Assaults between incarcerated persons.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that limits the use of solitary confinement.

Highlights:

• Requires the Correction Ombuds to submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to corrections regarding the conditions of confinement in the state's correctional facilities and halfway houses (Sec. 1.n).

• Classifies "member of a vulnerable population" as any incarcerated person who (Sec. 2-11):

• Is 21 years of age or younger, or 65 years of age or older;

• Has a mental disability, a history of psychiatric hospitalization, or has recently exhibited self-harming conduct, including, but not limited to, self-mutilation;

• Has a developmental disability;

• 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 miscarriage or terminated a pregnancy; or

• Has a significant auditory or visual impairment;

• Specifies if a correctional facility is holding an incarcerated person in isolated confinement, the department will (Sec. 2.b-4):

• Not later than 24 hours after initiating the process of holding such person in isolated confinement, ensure a physician personally conducts a physical examination and a therapist personally conducts a mental health evaluation of such person to determine whether such person is a member of a vulnerable population;

• Ensure continuous monitoring to ensure the person's safety and well-being;

• Ensure that any person held in isolated confinement shall have sufficient and regular access to a toilet, water, food, light, air and heat;

• Continue de-escalation efforts; and

• End isolated confinement of the person as soon as the threat of the serious incident or of imminent physical harm to others has passed or such person no longer requests segregation for such person's protection.

• Requires a correctional facility to do the following if an inmate is placed in restraints (Sec. 2-4):

• Ensure continuous monitoring to ensure the person's safety and well-being, including requiring a medical professional to check the imposition of restraints and every two hours thereafter to ensure adequate circulation and range of movement to avoid pain and to permit the incarcerated person to perform necessary bodily functions, including breathing, eating, drinking, standing, lying down, sitting and using the toilet;

• Ensure that no physical restraints are imposed upon an incarcerated inmate who is showering or exercising;

• Continue de-escalation efforts; and

• End the use of physical restraints on the incarcerated person as soon as the threat of the serious incident or imminent physical harm to others has passed.

• Establishes only a therapist may order an incarcerated person to be subjected to the use of restraints pursuant to this subsection. After an in-person evaluation by a therapist of an incarcerated person and a determination by the therapist that restraints are necessary to prevent a substantiated threat of imminent physical harm by an incarcerated person to himself or herself or others due to an acute disturbance of behavior, thought or mood, the therapist may order such person to be subjected to restraints for an initial period of not more than 2 hours (Sec. 2-3).

• Requires listing the number of incidents, broken down by correctional facility, for each of the following in the previous calendar year and categorized as (Sec. 2-4):

• Suicides;

• Attempted suicides;

• Self-harm;

• Use of force by staff members against incarcerated persons;

• Assaults by incarcerated persons on staff members; and

• Assaults between incarcerated persons.

Full Bill Text