Signed by Governor Steve Bullock

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for restrictive housing units, and amends other laws related to the Department of Corrections.

Highlights:

• Specifies that restrictive housing should only be used (Sec. 1):

• As a response to the most serious and threatening behavior;

• For the shortest time possible; and

• With the least restrictive conditions possible.

• Defines “restrictive housing” as a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility, and includes administrative segregation, protective custody, and disciplinary detention (Sec. 2).

• Defines “step-down program” as an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners (Sec. 2).

• Prohibits placement in restrictive housing from exceeding 22 hours in a 24 hour period (Sec. 3).

• Prohibits female inmates that are pregnant or postpartum from being housed in restrictive housing unless exigent circumstances exist (Sec. 3).

• Requires facilities to establish written operational procedures in line with the standards mandated under this act, for governing restrictive housing and protective custody units and supervising inmates under administrative segregation, disciplinary detention, prehearing confinement, and protective custody (Sec. 3).

• Specifies that the continuous confinement of an adult inmate for more than 30 days requires the approval of the administrator or their designee (Sec. 3).

• Prohibits an inmate from being placed in restrictive housing based solely on the inmate’s disability or mental disorder or on behavior that is a product of the inmate’s disability or mental disorder, unless a qualified mental health professional determines that not doing so presents an immediate and serious danger to others, and a reasonable alternative does not exist (Sec. 4).

• Requires written orientation materials to be provided to adult inmates placed directly into restrictive housing (Sec. 4).

• Requires health staff, when housing inmates with mental disorders in restrictive housing, to assess the risk of exacerbating the mental disorder and notify mental health staff (Sec. 5).

• Requires a qualified mental health professional to conduct a mental health appraisal within 72 hours of an inmate’s placement in restrictive housing (Sec. 5).

• Requires a qualified mental health professional to conduct a behavioral health assessment at least every 14 days if confinement lasts longer than 30 days (Sec. 5).

• Prohibits an inmate with a serious mental disorder from being placed in restrictive housing for more than 14 days unless a multidisciplinary service team that not doing so presents an immediate and serious danger to others, and a reasonable alternative does not exist (Sec. 5).

• Requires an adult inmate in restrictive housing or protective custody to receive (Sec. 6):

• Daily visits from the shift supervisor or supervisor in charge;

• Daily visits from a qualified health care professional unless more frequent visits are indicated; and 

• Visits from members of the program staff on request. 

• Requires a facility with a restrictive housing unit to comply with the general recordkeeping requirements in department policy (Sec. 7).

• Requires an inmate in restrictive housing to be provided with (Sec. 8):

• Prescribed medication;

• Other medically necessary treatment;

• Non-degrading clothing or specialized clothing if needed;

• Access to basic personal items unless there is present danger that the item will be destroyed or used in self-injury;

• The ability to shower and shave at least three times a week;

• Laundry, barbering, and hair care services; and

• The opportunity to exchange clothing, bedding, and linen on the same basis as inmates in the general population.

• Prohibits programs and services in restrictive housing to have major differences to those provided in the facility’s general population, unless potential danger to life, health, or safety mandates different action (Sec. 9).

• Requires an adult inmate in restrictive housing or protective custody to have a minimum of 1 hour of exercise each day outside of the cell, 5 days a week, unless there are security of safety concerns (Sec. 10).

• Authorizes telephone privileges to an adult inmate in restrictive housing for administrative segregation or protective custody or a youth in protective custody (Sec. 11).

• Prohibits a facility from placing youth inmates in restrictive housing, except in very specific cases when it is necessary to protect the youth or others (Sec. 12).

• Requires a facility to establish step-down programs for an inmate that has spent more than 30 days in restrictive housing, in order to facilitate the reintegration of the inmate into the general population or the community (Sec. 13).

• Appropriates $150,000 from the general fund to the department of corrections for building a fence at the Montana state prison (Sec. 14).

• Appropriates $50,000 from the general fund to the department of corrections to implement data tracking related to the use of restrictive housing (Sec. 14).

Full Bill Text