SB 1402 - Inmate Confinement Summary

• Prohibits solitary confinement (isolation for more than 22 hours per day) and restricts restrictive confinement (isolation for more than 20 hours per day) to only exigent circumstances that pose immediate threats to safety.

• Caps restrictive confinement at 15 consecutive days and 20 days per 60-day period, requiring inmates to have at least 4 hours out-of-cell time daily, meaningful programming, and mental health evaluations every 24 hours.

• Prohibits restrictive confinement for youths (under 18), young adults (18-21), and inmates with serious mental illness, intellectual disabilities, or physical disabilities, except under strict conditions with mental health professional approval.

• Requires facilities to maintain records on restrictive confinement use, with monthly warden review and monthly reports to the Department of Law Enforcement; inmates entitled to review by multidisciplinary committee within 72 hours of placement.

• Authorizes the Department of Corrections, county sheriffs, and Department of Juvenile Justice to adopt rules implementing these confinement restrictions, effective July 1, 2019.