Bill Summary for H 842 (2017-2018)

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Summary date: 

Apr 12 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 842 (Public) Filed Tuesday, April 11, 2017
AN ACT TO ESTABLISH UNIFORM GUIDELINES AND PROCEDURES FOR THE USE OF SOLITARY CONFINEMENT FOR MINOR OFFENDERS.
Intro. by Cunningham.

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Bill summary

Amends GS 143B-704 (Division of Adult Correction of the Department of Public Safety--Functions). Directs the Division to establish uniform guidelines and procedures for the use of solitary confinement of minor offenders. Provides three requirements for the guidelines, including that solitary confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety of any other minor, inmate, or staff.

Amends GS 148-11 (Authority to adopt rules; authority to designate uniforms). Requires the printed copy of rules made available to prisoners to include the guidelines and procedures for solitary confinement, as promulgated above.

Enacts new GS 148-13.1 (Regulations and restrictions on time spent in solitary confinement). Requires the placement of minor offenders in solitary confinement to conform with the guidelines promulgated above, and be for an initial period of four hours. After four hours, directs staff to either return the minor to the general population, consult with mental health or medical staff, develop an individualized plan that includes the goals or objectives that must be met to reintegrate the minor into the general population, or a combination of any or all of these things. If a minor must be held in solitary confinement for more than four hours, directs staff to document the reason and need for the extended confinement and the date and time of first solitary confinement and release from solitary confinement, to develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor into the general population, and to obtain documented authorization by the facility superintendent or designee every four hours thereafter. Does not apply during an extraordinary, emergency circumstance that requires significant departure from normal institutional operations. Such an exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm. Requires the Department of Public Safety to report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the use of solitary confinement with minor offenders under 18 years old.

Amends GS 7B-1501 to definesolitary confinement.

Enacts new GS 7B-2003 (Limitations on solitary confinement of a juvenile). Restricts solitary confinement for juveniles detained in a detention facility or commuted to the Division under GS 7B-2513 as provided for in this statute. Prohibits solitary confinement prior to an attempt to use other less restrictive options and the exhaustion of those options, unless attempting those options poses a threat to the safety or security of any other detained juvenile or staff person. Prohibits solitary confinement for the purposes of punishment, coercion, convenience, or retaliation by staff persons. Prohibits solitary confinement to the extent that it compromises the mental and physical health of a juvenile. Prohibits solitary confinement for more than four consecutive hours in a 24-hour period. After four hours, directs staff to either allow the juvenile access to areas of the facility provided to the general population, consult with mental health or medical staff, develop an individualized plan that includes the goals or objectives that must be met to reintegrate the juvenile into areas provided for the general population, or a combination of any or all of these things. If a juvenile must be held in solitary confinement for more than four hours, directs staff to document the reason and need for the extended confinement and the date and time of first solitary confinement and release from solitary confinement, to develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the juvenile into areas provided for the general population, and to obtain documented authorization by the facility superintendent or designee every four hours thereafter. Does not apply during an extraordinary, emergency circumstance that requires significant departure from normal institutional operations. Such an exception applies for the shortest amount of time needed to address the imminent and substantial risk of harm.

Effective January 1, 2018.