HB 1507 - AS INTRODUCED
2016 SESSION
\t16-2643
\t04/10
HOUSE BILL\t1507
AN ACT\tamending the procedures for the use of solitary confinement and establishing a committee to study the use and effectiveness of solitary confinement in New Hampshire.
SPONSORS:\tRep. Edwards, Hills. 11; Rep. Lachance, Hills. 8; Rep. Schleien, Hills. 37; Rep. Bouldin, Hills. 12; Rep. Hannon, Straf. 25
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill revises the procedures for the use of solitary confinement and establishes a committee to study the use and effectiveness of solitary confinement in correctional facilities in New Hampshire.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2643
\t04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tamending the procedures for the use of solitary confinement and establishing a committee to study the use and effectiveness of solitary confinement in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Legislative Findings. The general court finds that:
\t\tI. Solitary confinement employed in New Hampshire jails and prisons, such as within the "controlled custody unit" and "special housing unit," have been subject to overuse in their application to in-prison disciplinary offenses and prisoners known to be suffering from various mental health conditions.
\t\tII. Normal human contact with the outside world is essential for ensuring successful re-entry into the community and reducing recidivism rates for prisoners with serious mental illness.
\t\tIII. Federal courts have ruled that segregating prisoners, especially those with serious mental illness, for extended periods of time is a violation of the Eighth Amendment to the United States Constitution barring cruel and unusual punishment.
\t\tIV. The cost of incarcerating a prisoner in solitary confinement is often found to be more than double that of conventional prison facilities. A 2007 estimate from Arizona estimated the annual cost of placing someone in solitary confinement at approximately $50,000 a year compared to only about $20,000 a year for the average prisoner.
\t\tV. In 2006, Mississippi began to reduce its segregation population through an aggressive reassessment of prisoners and within 12 months successfully brought down its segregated population by 80 percent and saved approximately $5.6 million per year.
\t\tVI. Because the vast majority of prisoners in solitary confinement eventually are released back into the community, it is imperative that we invest our limited public dollars in proven alternatives that lead to greater rehabilitation and pave the way for successful re-entry to the community.
\t2 Discipline; Solitary Confinement. RSA 622:14 is repealed and reenacted to read as follows:
\t622:14 Discipline; Solitary Confinement.
\t\tI. In this section:
\t\t\t(a) "Serious mental illness or other significant mental impairment" means a person with a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, including individuals found to have current symptoms or who are currently receiving treatment for the following:
\t\t\t\t(1) Types of diagnostic and statistical manual IV (DSM-IV) axis I diagnosis:
\t\t\t\t\t(A) Schizophrenia (all sub-types).
\t\t\t\t\t(B) Delusional disorder.
\t\t\t\t\t(C) Schizophreniform disorder.
\t\t\t\t\t(D) Schizoaffective disorder.
\t\t\t\t\t(E) Brief psychotic disorder.
\t\t\t\t\t(F) Substance-induced psychotic disorder (excluding intoxication and withdrawal).
\t\t\t\t\t(G) Psychotic disorder not otherwise specified.
\t\t\t\t\t(H) Major depressive disorders.
\t\t\t\t\t(I) Bipolar disorder I and II.
\t\t\t\t(2) Persons diagnosed with a mental disorder that includes being actively suicidal.
\t\t\t\t(3) Persons diagnosed with a serious mental illness that is frequently characterized by breaks with reality, or perceptions of reality that lead the individual to significant functional impairment.
\t\t\t\t(4) Persons diagnosed with an organic brain syndrome which results in a significant functional impairment if not treated.
\t\t\t\t(5) Persons diagnosed with a severe personality disorder that manifests as frequent episodes of psychosis or depression, and results in significant functional impairment.
\t\t\t(b) "Solitary confinement" means cell confinement for 22 hours or more per day with limited out-of-cell time and severely restricted activity, movement, and social interaction, whether pursuant to disciplinary, administrative, or classification action.
\t\tII. The commissioner of the department of corrections may offer suitable encouragement and indulgences to those prisoners who distinguish themselves by obedience, industry, and faithfulness, and may punish any prisoner guilty of insolence or ill language to any officer of the prisons or guilty of obstinate and refractory behavior by solitary confinement under the conditions outlined in paragraph III or by such other reasonable and effective modes of punishment and discipline as the commissioner may from time to time prescribe.
\t\tIII. Solitary confinement may be imposed, however:
\t\t\t(a) No prisoners shall be committed to solitary confinement for in-prison disciplinary infractions for more than 4 weeks.
\t\t\t(b) The scope the infractions that invoke the use of solitary confinement shall be limited to only those offenses which involve violent behavior in which the prisoner in question is a danger to others or oneself.
\t\t\t(c) Solitary confinement shall not be used as a form of housing for prisoners under the age of 18 years.
\t\t\t(d) No prisoner with serious mental illness or other significant mental impairment shall be housed in solitary confinement for more than 48 hours.
\t\t\t(e) Prior to being placed or house in solitary confinement, an prisoner shall be evaluated by a mental health clinician to determine if he or she is seriously mentally ill or has another significant mental impairment as defined in this section. If the mental health clinician makes such a finding, the prisoner shall be diverted from isolated confinement to a prison mental hospital, or other appropriate housing that does not include isolated confinement.
\t\t\t(f) In no case shall any degree of reliance upon solitary confinement be authorized by the warden or other prison official except after a hearing conducted by a properly constituted committee that reviews the evidentiary basis of the charges, adjudges the appropriate length of punishment and selects the type of solitary punishment unit to which the prisoner in question is to be consigned.
\t\tI. There is established a committee to study the use and effectiveness of solitary confinement in correctional facilities in New Hampshire.
\t\tII. The members of the committee shall be as follows:
\t\t\t(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.
\t\t\t(b) Three members of the senate, appointed by the president of the senate.
\t\tIII. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
\t\tIV. The committee shall gather information regarding:
\t\t\t(a) Criteria for placing an prisoner in solitary confinement.
\t\t\t(b) The extent to which staff working with prisoners in solitary confinement receive any specialized training.
\t\t\t(c) The results of any evaluations of the process of solitary confinement in New Hampshire and other states.
\t\t\t(d) The effectiveness of step-down units to transition prisoners from solitary confinement to ordinary incarceration or to the community.
\t\t\t(e) The impact of use of solitary confinement on prison order and control in New Hampshire correctional facilities.
\t\t\t(f) The relative cost of housing prisoners in solitary confinement versus a regular general population facility.
\t\t\t(g) The conditions of solitary confinement in New Hampshire correctional facilities.
\t\tV. The committee shall also collect data and statistics regarding:
\t\t\t(a) The number of prisoners in solitary confinement in New Hampshire correctional facilities with mental illness.
\t\t\t(b) The number of mental health professionals who work with prisoners in solitary confinement in New Hampshire correctional facilities.
\t\t\t(c) The number of prisoners in solitary confinement in New Hampshire correctional facilities who are under the age of 21 and the number of prisoners in solitary confinement who are under the age of 18.
\t\t\t(d) The number of suicides committed by prisoners held in solitary confinement in New Hampshire correctional facilities.
\t\t\t(e) Other relevant data as identified by the committee.
\t\tVI. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 30 days of the effective date of this section. Four members of the committee shall constitute a quorum.
\t\tVII. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the governor, the house clerk, the senate clerk, and the state library on or before November 1, 2016.
\t4 Effective Date. This act shall take effect 60 days after its passage.