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Use Of Restrictive Practices In Prisons

Concerning measures to regulate the use of restrictive practices on individuals in correctional facilities, and, in connection therewith, making an appropriation.
2023 Regular Session
Crimes, Corrections, & Enforcement
Bill Summary

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. The bill prohibits the use of a clinical restraint on an individual, unless:

  • The use is to prevent the individual from committing imminent and serious harm to the individual's self or another person, based on immediately present evidence and circumstances;
  • All less restrictive interventions have been exhausted; and
  • The clinical restraint is ordered by a licensed mental health provider.

The bill requires facilities that utilize clinical restraints to implement procedures to ensure frequent and consistent monitoring for the individual subjected to the clinical restraint and uniform documentation procedures concerning the use of the clinical restraint.

The bill limits the amount of time an individual may be subjected to a clinical restraint per each restraint episode and within a calendar year.

The bill 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 that ensure a hearing, opportunity for review, and right to counsel.

The bill requires the department of corrections (department) to submit an annual report to the judiciary committees of the senate and house of representatives with data concerning the use of clinical restraints and involuntary medication in the preceding calendar year.

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

(Note: This summary applies to this bill as introduced.)




Bill Text

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