2023 Connecticut General Statutes › Title 18 - Correctional Institutions and Department of Correction › Chapter 325 - Department of Correction › Section 18-96b. - Restrictive housing status and isolated confinement for incarcerated persons. Reports.

(a) As used in this section:
(1) “Administrative segregation status” means the Department of Correction's practice of placing an incarcerated person on restrictive housing status following a determination that such incarcerated person can no longer be safely managed within the general population of the correctional facility;
(2) “Commissioner” means the Commissioner of Correction;
(3) “De-escalation” means attempting to defuse a crisis without the use of force;
(4) “Department” means the Department of Correction;
(5) “Grievance” means a formal complaint filed by any incarcerated person with the internal grievance system or the department;
(6) “Incarcerated person” means a person confined and in the custody and care of the commissioner, including persons in pretrial, presentencing or post-conviction confinement;
(7) “Isolated confinement” means any form of confinement of an incarcerated person within a cell, except during a facility-wide emergency, lockdown or for the purpose of providing medical or mental health treatment, with less than the following time out of cell:
(A) For all incarcerated persons, four hours per day, on and after July 1, 2022;
(B) For all incarcerated persons in the general population, four and a half hours per day, on and after October 1, 2022; and
(C) For all incarcerated persons in general population, five hours per day, on and after April 1, 2023;
(8) “Lockdown” means the enforced detainment of all incarcerated persons within such persons' cells imposed upon an entire correctional facility or part of such facility, other than for the purpose of administrative meetings;
(9) “Medical professional” means (A) a physician licensed under chapter 370; (B) a physician assistant licensed under chapter 370; or (C) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378;
(10) “Restrictive housing status” means any classification of an incarcerated person by the Department of Correction that requires closely regulated management and separation of such incarcerated person from other incarcerated persons, including, but not limited to, administrative segregation status, punitive segregation status, transfer detention status, administrative detention status, security risk group status, chronic discipline status, special needs status and protective custody status;
(11) “Therapist” means any (A) physician licensed pursuant to chapter 370 who specializes in psychiatry; (B) psychologist licensed pursuant to chapter 383; (C) an advanced practice registered nurse licensed pursuant to chapter 387; (D) clinical social worker or master social worker licensed pursuant to chapter 383b; or (E) professional counselor licensed pursuant to chapter 383c; and
(12) “Use of force” means the use of physical force or deadly physical force, as defined in section 53a-3, by a department employee to compel compliance by an incarcerated person. Use of force includes, but is not limited to, the use of restraints, chemical agents, canines or munitions or forcible extraction from a cell, other than in response to a psychiatric emergency.
(b) The department shall not hold any person under eighteen years of age in isolated confinement.
(c) Any use of isolated confinement shall maintain the least restrictive environment necessary for the safety of incarcerated persons and staff, and the security of the facility.
(d) If holding an incarcerated person in isolated confinement, the department shall:
(1) Not later than twenty-four hours after initiating the process of holding such person in isolated confinement, ensure that a medical professional conducts a physical examination and a therapist conducts a mental health evaluation of such person;
(2) Ensure regular monitoring to ensure such person's safety and well-being, including a daily check-in from a therapist;
(3) Continue de-escalation efforts when applicable and appropriate to the situation; and
(4) Provide to such person access to the following:
(A) Reading materials, paper, and a writing implement;
(B) Not less than three showers per week; and
(C) Not less than two hours out of cell per day, including at least one hour for recreational purposes.
(e) Placement of an incarcerated person in isolated confinement shall be subject to the following:
(1) The department may place a person in isolated confinement only after consideration of less restrictive measures;
(2) No person may be placed in isolated confinement for longer than necessary and no more than fifteen consecutive days or thirty total days within any sixty-day period, after which period, such person shall be released from isolated confinement; and
(3) No person may be placed in isolated confinement based on the same incident that was previously used as the basis for such placement.
(f) No person may be held in isolated confinement for protective custody, except that isolated confinement may be used while the department is determining whether protective custody status is appropriate. The department shall limit the time period for such determination to not more than five business days.
(g) The department shall not impose a lockdown upon an entire correctional facility or part of a correctional facility for purposes of training department staff for more than twenty-four cumulative hours during any thirty-day period.
(h) Not later than January 1, 2024, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction and the Criminal Justice Policy and Planning Division established under section 4-68m concerning measures taken by the department to address the following:
(1) The frequency, cause and duration of lockdowns;
(2) The presence of persons with serious mental illness or developmental and intellectual disabilities in isolated confinement or on restrictive housing status;
(3) Efforts to increase the time an incarcerated person spends outside of such person's cell;
(4) The provision of therapeutic and other pro-social programming for persons on restrictive housing status;
(5) The use of in-cell restraints; and
(6) Fostering cooperation and engagement with the Correction Ombuds pursuant to section 18-81qq and the Correction Advisory Committee established pursuant to section 18-81jj.
(i) The department shall annually on or before January first submit to the Criminal Justice Policy and Planning Division established under section 4-68m a report containing, in a disaggregated and anonymized format, the following data, which shall be broken down by facility and the age, race and sex of incarcerated persons included in the data:
(1) The number of incarcerated persons in isolated confinement in this state's correctional facilities, as of the first day of each of the twelve months preceding the date of the submission of the report and the total number of persons subjected to isolated confinement during the twelve months preceding the date of submission of the report;
(2) The number of incarcerated persons who were in isolated confinement for more than fifteen cumulative days in the previous calendar year as categorized by the following periods of time:
(A) Sixteen to thirty days;
(B) Thirty-one to sixty days;
(C) Sixty-one to ninety days; and
(D) More than ninety days;
(3) The number of incidents broken down by month during the previous calendar year in the department's facilities categorized as:
(A) Suicides by incarcerated persons;
(B) Attempted suicides by incarcerated persons;
(C) Self-harm by incarcerated persons;
(D) Assaults by incarcerated persons on staff members; and
(E) Assaults and fights between incarcerated persons;
(4) Monthly reports showing the total number of incarcerated persons against whom the department has used force, including use of the following:
(A) Chemical agent devices;
(B) Full stationary restraints;
(C) Deadly physical force;
(D) In-cell restraints;
(E) Less than lethal munitions;
(F) Lethal munitions;
(G) Medical restraints;
(H) Physical force;
(I) Therapeutic restraints;
(J) Cell extraction; and
(K) Canines;
(5) Grievances filed by incarcerated persons, broken down by month, including the number of grievances filed, dismissed, affirmed or otherwise resolved;
(6) Programs offered to incarcerated persons, including the program title and a brief description of the program, the number of spots available in each program and the number of persons enrolled in each program as of the first of each month;
(7) Internal department work assignments held by incarcerated persons, including the work assignment title, the daily wage paid and the number of such persons in each position as of the first of each month; and
(8) External jobs held by incarcerated persons working for outside employers, including the job title, hourly wage paid, the number of such persons in each position as of the first of each month and the name of each employer.
(j) The provisions of this section do not apply to any incarcerated person described in subsection (a) of section 18-10b.
(k) The department shall publish on its Internet web site the formula for calculating an incarcerated person's mental health score and any report pursuant to subsection (i) of this section.
(P.A. 17-239, S. 1; P.A. 22-18, S. 3.)
History: P.A. 17-239 effective January 1, 2018; P.A. 22-18 amended Subsec. (a) by redefining “administrative segregation status” in Subdiv. (1), adding definitions in new Subdivs. (2) to (9), inclusive, redesignating Subdiv. (2) as Subdiv. (10) and redefining “restrictive housing status” in same and adding definitions in Subdivs. (11) and (12), replaced existing language in Subsec. (b) re publishing requirements with language prohibiting holding a person under 18 years of age in isolated confinement, added new Subsec. (c) re use of the least restrictive environment, added new Subsec. (d) re use of isolated confinement, added new Subsec. (e) re limitations on use of isolated confinement, added new Subsec. (f) re use of isolated confinement for protective custody, added new Subsec. (g) re imposition of lockdown, added new Subsec. (h) re one-time reporting requirement, redesignated existing Subsec. (c) as Subsec. (i) and substantially revised ongoing reporting requirements, deleted former Subsec. (d) prohibiting holding a person under 18 years of age on administrative segregation status, deleted former Subsec. (e) re one-time reporting re use and oversight of restrictive housing status, redesignated existing Subsec. (f) as Subsec. (j) and made technical changes in same, deleted former Subsec. (g) re training of employees, deleted former Subsec. (h) re wellness of employees and added Subsec. (k) re publication of formula for calculating mental health score on the department's Internet web site, effective July 1, 2022.