Use Of Restrictive Practices In Prisons

The act requires the department of corrections (department), by July 1, 2027, to implement policies and practices that conform to nationally recognized minimum standards concerning restraint and seclusion standards of inmates. The act requires the department to uniformly document restraint incidents.

The act requires certain facilities to perform an evaluation of every individual at intake to assess the individual's risk of self-harm behaviors and whether the individual has previously been subjected to four-point restraints.

The act prohibits the use of an involuntary medication on an individual, unless:

• The individual is determined to be dangerous to the individual's self or another person and the treatment is in the individual's medical interest;
• All less restrictive alternative interventions have been exhausted; and
• The involuntary medication is administered after exhaustion of procedural requirements, including majority approval by an involuntary medication committee comprised of medical professionals and the superintendent of the facility.

The act requires the department to submit an annual report to the judiciary committees of the senate and house of representatives with data concerning the use of restraints and involuntary medication in the preceding calendar year, and present the findings at the department's annual "SMART Act" hearing.

The act requires the department to include specific data concerning the placement of individuals in settings with heightened restrictions in its annual administrative segregation report.

For the 2023-24 state fiscal year, the act appropriates $18,872 to the from the general fund, of which $12,000 is reappropriated to the office of information technology.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)