2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-4 - Restrictions on the use of restricted housing; inmate with serious mental disability.

A. An inmate with a serious mental disability shall not be placed in restricted housing; provided that:
(1) the inmate is:
(a) known by the correctional facility to have been diagnosed by a qualified health care professional as having a serious mental disability; or
(b) clearly exhibiting self-injurious behavior, grossly abnormal and irrational behaviors, delusions or suicidal behavior unless a qualified health care professional has determined that the behavior is unrelated to a serious mental disability;
(2) the restriction on placement in restricted housing shall not apply during the first five consecutive days of the inmate's confinement in the correctional facility;
(3) if a warden, jail administrator or person in charge of a correctional facility finds that an inmate with a serious mental disability needs to be placed in restricted housing to prevent an imminent threat of physical harm to the inmate or another person, the inmate may be placed in restricted housing for no longer than forty-eight hours, and the warden, jail administrator or other person in charge of a correctional facility shall:
(a) make a written record of the facts and circumstances that necessitated the inmate's placement in restricted housing;
(b) prepare a written action plan describing how the facility will transition the inmate out of restricted housing at the earliest opportunity; and
(c) notify the facility's health services administrator in writing that the inmate was placed in restricted housing in accordance with this subsection; and
(4) if, after fulfilling the requirements of Paragraph (3) of this subsection, a warden, jail administrator or person in charge of a correctional facility finds that an inmate with a serious mental disability poses an ongoing and realistic threat of physical harm to another person, the inmate may be placed in restricted housing for longer than forty-eight consecutive hours only if:
(a) other methods for ensuring the safety of the threatened person have been considered and determined insufficient, impractical or inappropriate;
(b) the inmate is placed in restricted housing for the shortest time period and under the least restrictive conditions practicable;
(c) the correctional facility provides regular access to medical and mental health care for the inmate; and
(d) the warden, administrator or person in charge of the correctional facility: 1) makes a written record of the facts and circumstances that necessitated the inmate's continued placement in restricted housing; 2) makes a written action plan describing how the correctional facility will transition the inmate out of restricted housing at the earliest opportunity, including a projected time line; and 3) notifies the correctional facility's health services administrator in writing that the inmate continues to be placed in restricted housing in accordance with this section.
B. For purposes of this section, "qualified health care professional" means a physician, licensed psychologist, prescribing psychologist, certified nurse practitioner, clinical nurse specialist with a specialty in mental health or a physician assistant with a specialty in mental health.
History:
Laws 2019, ch. 194, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8B made Laws 2019, ch. 194, § 4 effective July 1, 2020.