Regulating Restrictive Housing: State and Federal Legislation on Solitary Confinement as of July 1, 2019

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Regulating Restrictive Housing: State and Federal Legislation on Solitary Confinement as of July 1, 2019

• July 1, 2019 • Locations: United States of America • Topics: Control Units/SHU/Solitary Confinement

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1
Regulating Restrictive Housing:
State and Federal Legislation on Solitary Confinement as of July 1, 2019
A Research Brief
The Liman Center at Yale Law School 1
This research memorandum provides an overview of state and federal legislation on
restrictive housing. The focus is on proposals since January of 2018 through July 1 st, 2019.2 In
brief, we identified twenty-seven states and the federal government that have proposed or enacted
legislation to regulate the use of restrictive housing. Below, we summarize the findings and then
detail each of the statutes enacted or pending.
Three prefatory notes are in order. First, to locate statutes, we searched each state
legislative databases and used other legal search engines. We should also note that the topics under
which legislation was enacted vary. Some statutes focus solely on restrictive housing, while others
address restrictive housing as part of a bill on criminal justice reform in general or on
appropriations. In addition, given that other organizations are also working on related topics, we
circulated drafts to learn if we had missed statutes that others knew were pending or enacted.
Second, the terms of the bills vary, as some use the words “solitary confinement,” while
others address “restrictive housing” or “segregation.” Definitions of the practices to be regulated
also vary. Many states define the practice as confinement to a cell for over 22 hours per day. New
Mexico adds to that definition “without daily, meaningful and sustained human interaction.” 3
Washington instead refers to “the placement of an offender in a locked room or cell alone with
minimal or no contact with persons other than guards, facility staff, and attorneys.” 4 Virginia refers
to “special-purpose bed assignments operated under maximum security regulations and
procedures, and utilized under proper administrative process, for the personal protection or
custodial management of offenders.” 5 Maryland excludes what it terms “separation that has not
been requested by the inmate.”6

The Liman Center memo was prepared by Arianna Zoghi, Yale Law School, class of 2021, working with Alexandra
Harrington, Senior Liman Fellow in Residence, Judith Resnik, Arthur Liman Professor of Law, and Anna VanCleave,
the Director of the Liman Center.
2

For discussion of legislative efforts before then, see ASSOCIATION OF STATE CORRECTIONAL ADMINISTRATORS &
ARTHUR LIMAN PUBLIC INTEREST PROGRAM AT YALE LAW SCHOOL, REFORMING RESTRICTIVE HOUSING: THE 2018
ASCA-LIMAN NATIONWIDE SURVEY OF TIME-IN-CELL (Oct. 2018), available at https://law.yale.edu/system/files/
area/center/liman/document/asca_liman_2018_restrictive_housing_revised_sept_25_2018.pdf.
3

HB 394, 2019 Leg. Reg. Sess. (N.M. 2019)

HB 2080, 2019 Leg. Reg. Sess. (Wash 2019).

SB 1777, HB 1642, 2019 Leg. Reg. Sess. (Va. 2019).

SB 774, HB 1001, 2019 Leg., Reg. Sess. (Md. 2019).

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Third, we have grouped the discussion by legislation imposing regulations on the use of
solitary confinement and then by legislation requiring public disclosures of information. In some
jurisdictions, legislation did both.
To summarize the legislative landscape as of July 1, 2019, we located eight states
(Arkansas, Georgia, Maryland, Massachusetts, Minnesota, Montana, New Jersey, and Texas) that
have enacted legislation limiting the use of restrictive housing. Massachusetts, Minnesota,
Montana, and New Jersey passed general restrictions on the use of solitary confinement. The bills
in Arkansas, Georgia, Maryland, and Texas relate to specific subpopulations of prisoners: pregnant
women and individuals under age 18 or under age 21. In addition, Illinois, Maryland,
Massachusetts, Michigan, Minnesota, New Mexico, and Virginia, as well as the federal
government, enacted legislation requiring data collection in restrictive housing.
In terms of substantive limits, New Jersey’s legislation (signed by the Governor in early
July) prohibits “isolated confinement” for “vulnerable populations.” 7 The legislation defines those
populations to include prisoners under age 22; over age 64; with mental illness, developmental
disabilities, or a serious medical condition; who are pregnant or postpartum; who have a
“significant auditory or visual impairment”; or who are “perceived to be” LGBTI. The legislation
also prohibits placement for “non-disciplinary reasons,” unless there is a “substantial risk of
serious harm” to the prisoner or others. In addition, isolation may not be used under conditions or
for periods of time that “foster psychological trauma,” psychiatric disorders, or “serious, long-term
damage” to the prisoner’s brain. New Jersey also provides that a prisoner may not be placed in
restrictive housing for more than 20 consecutive days or for more than 30 days in a 60 day period.
In addition, the legislation mandates medical and mental health reviews before placement and,
procedures to contest confinement, and the statute provides minimum standards for cells and
requires access to recreation, education, treatment, and social interaction outside of cells.
Massachusetts passed legislation prohibiting the use of restrictive housing for prisoners
with serious mental illness and for pregnant prisoners, as well as on the basis of LGBTQ
identification or for a prisoner’s own protection. 8 In addition, the law bans placement, absent
extenuating circumstances, of a prisoner in restrictive housing if that person is within 120 days of
release from prison. The legislation requires mental health screening before placement, and regular
placement reviews, as well as regular data collection and reporting. For prisoners in solitary
confinement, the law requires mental health rounds; access to visits, communication, reading, and
writing materials; access to programs; regular showers; and meals “that meet the same standards”
for general population.
Montana’s 2019 legislation requires restrictive housing be used only “as a response to the
most serious and threatening behavior,” and “for the shortest time possible,” and with the “least
restrictive conditions possible.”9 Solitary confinement is banned, absent extenuating
circumstances, for pregnant prisoners, for youth if placement is 24 hours or more, and for prisoners
7

A 314, S 3261, 2018-2019 Leg., Reg. Sess. (N.J. 2019).

S 2371, 2018 Leg., Reg. Sess. (Mass. 2018).

HB 763, 2019 Leg., Reg. Sess. (Mont. 2019).

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with a serious mental disorder if placement is for more than 14 days. Placement in solitary may
not exceed 22 hours a day. The bill also requires mental health appraisal within 72 hours of
placement, as well as status review every week for the first 60 days. The law creates a requirement
for step-down programing if placement exceeds 30 days. When in restrictive housing, prisoners
must receive daily visits from the shift supervisor and a health care professional. They must also
receive programs and services similar to the general population, the opportunity to write and
receive letters and have visits, access to legal materials and to reading materials, regular exercise
outside of the cell, regular opportunities to shower and shave, access to “non-degrading” clothing
and basic personal items.
Minnesota’s legislation allows for placement in disciplinary segregation only for a prisoner
who poses a “serious threat.”10 The bill requires notification to the Commissioner of Correction
for placement longer than 30 days, mental health screening within 24 hours of placement, and
daily wellness rounds by health services staff. The law also requires living conditions
“approximate” to those provided in general population; the statute also mandates that lighting in
cells be reduced at night. In addition, prisoners must be provided step-down management and
incentives to accelerate their return to general population. Prisoners may not be directly released
to the community if they are placed in restrictive housing for 60 days or more.
Many of these states, as well as other jurisdictions, now require data collection on the use
of solitary confinement. A common facet in seven states (Illinois, Maryland, Massachusetts,
Michigan, Minnesota, New Mexico, and Virginia) and the federal government is at least annual
reporting of the number of prisoners held in restrictive housing. Illinois, Maryland, Massachusetts,
Michigan, Minnesota, New Mexico, and Virginia require information about the length of time that
a person spends in restrictive housing. Massachusetts, Minnesota, New Mexico, and Virginia also
seek demographic information, including race, age, sex, and/or mental illness. Massachusetts,
Michigan, and Minnesota require information about prisoners with mental illness. Illinois,
Massachusetts, and Virginia mandate reporting on the number of prisoners released from
restrictive housing directly into the community. Minnesota and Virginia also require information
about the disciplinary history of a person placed in solitary confinement. Massachusetts asks for
information about rates of recidivism for those who spent time in restrictive housing. New Mexico
mandates reporting about the reason for placement in restrictive housing and about monetary
settlements paid to prisoners and their families related to restrictive housing in private prisons.
Pending but not enacted legislation in several states and Congress seeks to impose other
limits on the use of restrictive housing. Bills proposed in twelve states that did not pass before the
end of the 2019 session had proposals to prohibit the use of solitary confinement for juveniles,
pregnant and postpartum women, or for the mentally ill. Other proposals aimed to place caps on
the length of placement; to regulate conditions in restrictive housing; to provide hearings on
placement in restrictive housing and establish committees to review placement in restrictive
housing; to require regular health evaluations for individuals in restrictive housing; and to prohibit
release of an individual from restrictive housing directly to the community. In one state
(Connecticut), a bill proposed a complete prohibition on the use of solitary confinement.

SF 8, 2019 Leg., 1st Special Sess. (Minn. 2019).

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In terms of pending legislation on reporting, examples include a statute pending in
Massachusetts as of July 1, 2019, to require data collection on LGBTQI individuals in restrictive
housing and on the use of force. Legislation seeking data on the use of restrictive housing were
proposed but not enacted in the 2019 sessions in Arkansas, Vermont and Washington. These bills
varied in terms of the type of data they aimed to require. Some proposals sought information on
the number of violent incidents in restrictive housing, the resources spent on restrictive housing,
the number of prisoners moved to mental health treatment from solitary confinement, the reason
for placement in restrictive housing, whether required procedures were followed for each prisoner
placed in restrictive housing, and whether programming was provided.

***

We provide summaries of the enacted and proposed legislation
to regulate restrictive housing and on data collection.

Table of Contents
Legislation Limiting the Use of Restrictive Housing Enacted between
January 1, 2018-July 1, 2019 ...................................................................................4
Legislation on Restrictive Housing Data Collection Enacted between
January 1, 2018–July1, 2019 ...................................................................................8
Legislation Limiting the Use of Restrictive Housing Pending as of July 1, 2019 .............13
Legislation on Restrictive Housing Data Collection Pending as of July 1, 2019 ..............18
Legislation Limiting the Use of Restrictive Housing – Not Enacted during
2019 Session ..........................................................................................................20
Legislation on Restrictive Housing Data Collection – Not Enacted during
2019 Session ..........................................................................................................26

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Legislation Limiting the Use of Restrictive Housing
Enacted between January 1, 2019- July 1, 2019
Arkansas

HB 1755 An act concerning the punitive isolation or solitary confinement of
individuals who are under eighteen (18) years of age, 2019 Leg., Reg. Sess.
(Ark. 2019), http://www.arkleg.state.ar.us/assembly/2019/2019R/Pages/BillInformation
.aspx?measureno=hb1755

Enacted: April 12, 2019
Summary: Would prohibit the placement of juveniles in punitive isolation or solitary confinement
for longer than 24 hours unless placement is due to an assault committed by the inmate,
conduct that poses an imminent threat, or an attempted escape. Also would require that the
director of the juvenile detention facility provide written authorization for every period of
24 hours during which a juvenile is held in solitary.
Georgia

HB 345 An act relating to inmate policies, 2019–20 Leg., Reg. Sess. (Ga. 2019),
http://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/345

Enacted: May 7, 2019
Summary: Would prohibit placement of a pregnant or immediately postpartum woman in solitary
confinement, administrative segregation, or for medical observation in a solitary
confinement setting.
Maryland

SB 0809, HB 0745 An Act concerning Correctional Facilities – Restrictive
Housing – Pregnant Inmates, 2019 Leg., Reg. Sess. (Md. 2019),
http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&stab=0
1&id=sb0809&ys=2019RS

Enacted: April 30, 2019
Summary: Would require that correctional units have policies in place dealing with involuntary
restrictive housing for pregnant and post-partum women. Involuntary restrictive housing
would be allowed for pregnant and post-partum women only when there is an
individualized and written determination that restrictive housing is needed as a temporary
response to behavior that poses a risk of physical harm or flight. Would require that
pregnant/post-partum inmates in restrictive housing have regular examinations and access
to the same services as the general population. Would require that as soon as a woman
learns she is pregnant, she is informed of these policies related to pregnant inmates and
restrictive housing.
Montana

HB 763 An act to generally revise corrections laws, 2019 Leg., Reg. Sess.
(Mont. 2019), http://laws.leg.mt.gov/legprd/LAW0203W$BSRV.Action
Query?P_SESS=20191&P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=763&P_BILL_D
FT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_ENTY_ID_SEQ2=&P_SBJT_SBJ_C
D=&P_ENTY_ID_SEQ=

Enacted: May 10, 2019
Summary: States that restrictive housing should only be used “as a response to the most serious
and threatening behavior, for the shortest time possible, and with the least restrictive
conditions possible.” Prohibits restrictive housing for longer than 22 hours in a 24-hour
period. Prohibits placement of pregnant or post-partum women in restrictive housing unless
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"exigent circumstances" exist and then limits placement to 24 hours. Prohibits placement
based on “disability or mental disorder or on behavior that is the product of the inmate’s
disability or mental disorder unless the placement is after a prompt and appropriate
evaluation by a qualified mental health professional.” Requires a documented process for
admission to restrictive housing, a status review every 7 days for the first 60 days and every
30 days thereafter. Requires that prisoners placed in restrictive housing receive orientation
materials, including translations if necessary, and that staff members assist inmates with
literacy problems. Requires that an inmate placed within restrictive housing get a mental
health appraisal within 72 hours of placement and health assessments every 14 days
thereafter for individuals with a “diagnosed behavioral or mental health disorder.” Requires
that inmates in restrictive housing receive daily visits from the shift supervisor and be
observed every 30-60 minutes by correctional officers. Requires standard recordkeeping
of those in restrictive housing, including notations of unusual behavior. Requires provision
in restrictive housing of medication, non-degrading clothing, access to basic personal
items, “the opportunity to shower and shave at least three times each week,” laundry,
barbering, and hair care services, “the opportunity to exchange clothing, bedding, and linen
on the same basis as inmates in the general population.” Requires “the opportunity to write
and receive letters on the same basis as inmates in the general population,” opportunities
for visitations, access to legal and reading materials, and access to programs and services
that are not significantly different than those in general population “for any reasons other
than danger to life, health, or safety.” Requires a minimum of 1 hour of exercise, 5 days a
week, outside of cell. Prohibits restrictive housing in facilities that house youth inmates
except for a period shorter than 24 hours “when necessary to protect the youth or others.”
Requires the creation of step-down programs and lists minimum standards for them.
New Jersey

A 314, S 3261 An Act Concerning Restrictions on Isolated Confinement in
Correctional Facilities, 2018-2019 Leg., Reg. Sess. (N.J. 2019),
https://www.njleg.state.nj.us/bills/BillView.asp

Enacted: July 11, 2019
Summary: Defines “isolated confinement” as confinement “in a cell or similarly confined holding
or living space, alone or with other inmates, for approximately 20 hours or more per day
in a State correctional facility or 22 hours or more per day in a county correctional facility,
with severely restricted activity, movement, and social interaction.”
Provides that “isolated confinement should only be used when necessary, and should not
be used against vulnerable populations,” which include prisoners age 21 years old or
younger; age 65 or older; who have a mental illness, developmental disability, or serious
medical condition; who are pregnant or postpartum; who have a “significant auditory or
visual impairment”; or who are “perceived to be lesbian, gay, bisexual, transgender, or
intersex.” Prohibits use of “isolated confinement” for “non-disciplinary reasons” and
unless there is “substantial risk of serious harm” to the prisoner or to others. Prohibits
“isolated confinement” “under conditions” or for time periods that “foster psychological
trauma,” psychiatric disorders, or “serious, long-term damage” to the prisoner’s brain.
Provides that confinement may not be for more than 20 consecutive days or more than 30
days in a 60-day period.
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Requires medical and mental health review before placement. Implements procedures for
review of placement and procedures for a prisoner to contest placement, including an
“initial hearing within 72 hours of placement,” and “review every 30 days thereafter.” The
final decision on placement is to be made by the facility administrator. Mental and physical
evaluations are required daily to determine if a prisoner is a member of a vulnerable
population.
Cells used for “isolated confinement” must be “properly ventilated, lit, temperaturemonitored, clean, and equipped with properly functioning sanitary fixtures.” “A
correctional facility shall maximize the amount of time that an inmate held in isolated
confinement spends outside of the cell by providing, as appropriate, access to recreation,
education, clinically appropriate treatment therapies, skill building activities, and social
interaction with staff and other inmates.”
Prisoners “shall not be directly released from isolated confinement to the community
during the final 180 days” of their term of incarceration unless necessary for safety reasons.
Texas

HB 650 An act relating to female inmates of the Texas Department of Criminal
Justice, 2019 Leg., Reg. Sess. (Tex. 2019), https://capitol.texas.gov/BillLookup/
History.aspx?LegSess=86R&Bill=HB650

Enacted: May 23, 2019
Summary: Would prohibit administrative segregation for pregnant inmates or inmates who have
given birth in the last 30 days unless the director determines that the placement is necessary
based on a reasonable belief that the inmate will harm herself, the child, or others.

Liman Center - Restrictive Housing Legislation Research Brief revised 2 July 18, 2019

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Legislation on Restrictive Housing Data Collection
Enacted between January 1, 2018–July1, 2019
Federal
S 756 The First Step Act of 2018, 2017 Leg., Reg. Sess. (U.S. 2018),
https://www.congress.gov/bill/115th-congress/house-bill/5682/text?q=%7B%22search
%22%3A%5B%22first+step+act%22%5D%7D

Adopted: December 21, 2018
Summary: No definition of “solitary confinement” is given.
Requires annual reporting of “the number of prisoners who have been placed in solitary
confinement at any time during the previous year.” Prohibits “room confinement” for
juveniles (defined as “the involuntary placement of a covered juvenile alone in a cell, room,
or area for any reason”) for any reason other than as a temporary response to the juvenile’s
behavior that “poses a serious and immediate risk of physical harm to any individual . . .”
States
Illinois

HB 4888 An Act Concerning Criminal Law, 2018 Leg., Reg. Sess. (Ill. 2018),
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=4888&GAID=14&DocTypeID=
HB&LegID=110279&SessionID=91&GA=100&SpecSess=0

Enacted: August 18, 2018
Summary: No definition of “restrictive housing” is given.
Requires that “the Department of Corrections . . . collect and report . . . data on a rate per
100 of committed persons regarding violence within Department institutions . . . [for]
committed persons in segregation, secured housing, and restrictive housing”; “data on
average length of stay in segregation, secured housing, and restrictive housing”; “data on
a rate per 100 of committed persons . . . [of] committed persons released directly from
segregation secured housing and restrictive housing to the community.” Provides that data
will be “included in the Department of Corrections quarterly report to the General
Assembly.”
Maryland

SB 774, HB 1001 An Act Concerning Correctional Services – Restrictive
Housing – Reporting by Correctional Units and Requirements Relating
to Minors, 2019 Leg., Reg. Sess. (Md. 2019), http://mgaleg.maryland.gov/webmga/frm
Main.aspx?pid=billpage&stab=01&id=sb0774&tab=subject3&ys=2019RS

Enacted: May 13, 2019
Summary: Defines “restrictive housing” as “a form of physical separation THAT HAS NOT
BEEN REQUESTED BY THE INMATE in which the inmate is placed in a locked room
or cell for approximately 22 hours or more out of a 24–hour period.”
Would require that “each correctional unit” (rather than just the Department of

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9
Corrections as a whole) submit the annual report on restrictive housing, and that the reports
be broken down by “unit” rather than by “facility.” Also would require that the risk a minor
poses must be immediate and substantial (rather than immediate or substantial) to place
them in restrictive housing.
Massachusetts

H 4800 An Act making appropriations for the fiscal year 2019 for the
maintenance of the departments, boards, commissions,
institutions and certain activities of the Commonwealth, for
interest, sinking fund and serial bond requirements and for
certain permanent improvements, 2018 Leg., Reg. Sess. (Mass. 2018),
https://malegislature.gov/Bills/190/H4800/BillHistory?pageNumber=1

Enacted: July 26, 2018
Summary: No definition of “solitary confinement” is given.
Requires that “the Department [of Corrections] . . . submit biannual reports to the joint
committee on the judiciary, the joint committee on public safety and homeland security
and the house and senate committees on ways and means on the use of solitary confinement
. . . [including] (a) the number of prisoners subjected to solitary confinement; (b) the length
of time spent in solitary confinement; (c) the number of prisoners with mental illness
subjected to solitary confinement delineated by diagnosis; (d) the number of prisoners 21
years of age or younger subjected to solitary confinement; (e) the number of prisoners
subjected to multiple stays in solitary confinement in a given reporting period; (f) the
number of prisoners released directly into the community from solitary confinement or
released into the community not more than 30 days after having been in solitary
confinement; and (g) the rate of recidivism for individuals that were subject to solitary
confinement.
S 2371 An Act Relative to Criminal Justice Reform, 2018 Leg., Reg.
Sess. (Mass. 2018), https://malegislature.gov/Bills/190/S2371

Enacted: April 13, 2018
Summary: “Restrictive housing” is defined as a “housing placement where a prisoner is confined
to a cell for more than 22 hours per day; provided, however, that observation for mental
health evaluation shall not be considered restrictive housing.”
Requires that people in restrictive housing receive similar access to services as those in
general population. Requires mental health screening before placement in restrictive
housing and limits placement of the mentally ill in restrictive housing to certain
circumstances. Prohibits placement in restrictive housing of an inmate who is at risk of
being harmed by others and instead requires that they be placed in a unit with the same
conditions as general population. Prohibits the placement of pregnant prisoners in
restrictive housing. Prohibits placement of LGBTQ individuals in restrictive housing
simply because they are LGBTQ. Requires regular placement reviews for those in
restrictive housing.
Requires that “the commissioner . . . publish monthly and provide directly to the oversight
committee the number of prisoners held in each restrictive housing unit within each state
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10
and county correctional facility.” Also requires that “the commissioner . . . publish a report
quarterly and provide directly to the restrictive housing oversight committee, as to each
restrictive housing unit within each state correctional facility, and annually, as to each
restrictive housing unit within each county correctional facility: (i) the number of prisoners
as to whom a finding of serious mental illness has been made and the number of such
prisoners held for more than 30 days; (ii) the number of prisoners who have committed
suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according
to the reason for their restrictive housing; (iv) as to prisoners in disciplinary restrictive
housing, a listing of prisoners with names redacted, including an anonymized identification
number that shall be consistent across reports, age, race, gender and ethnicity, whether the
prisoner has an open mental health case, the date of the prisoner’s commitment to
discipline, the length of the prisoner’s term and a summary of the reason for the prisoner’s
commitment; (v) the number of placement reviews conducted . . . and the number of
prisoners released from restrictive housing as a result of such placement reviews; (vi) the
length of original assignment to and total time served in disciplinary restrictive housing for
each prisoner released from disciplinary restrictive housing as a result of a placement
review; (vii) the count of prisoners released to the community directly or within 30 days of
release from restrictive housing; (viii) the known disabilities of every prisoner who was
placed in restrictive housing during the previous 3 months; (ix) the number of mental health
professionals who work directly with prisoners in restrictive housing; (x) the number of
transfers to outside hospitals directly from restrictive housing; and (xi) such additional
information as the commissioner may determine.”
Prohibits placement in restrictive housing for longer than 5 days if release date is less than
120 days away unless the inmate poses a substantial and immediate threat. Establishes a
restrictive housing oversight committee.
Michigan

SB 0848 An Act to make, supplement, adjust, and consolidate appropriations
for various state departments and agencies, capital outlay, the judicial
branch, and the legislative branch for the fiscal years ending
September 30, 2018 and September 30, 2019 and for other fiscal years;
to provide for certain conditions on appropriations; to provide for the
expenditure of the appropriations, 2018 Leg., Reg. Sess. (Mich. 2018),
http://www.legislature.mi.gov/(S(aaqdzh2qtrja2gqknyfc0e21))/mileg.aspx?page=getobjec
t&objectname=2018-SB-0848&query=on

Enacted: September 5, 2018
Summary: “Administrative segregation” is defined as “confinement for maintenance of order or
discipline to a cell or room apart from accommodations provided for inmates who are
participating in programs of the facility.”
Requires that “the department [of corrections] . . . report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the annual number of
prisoners in administrative segregation between October 1, 2017 and September 30, 2018,
and the annual number of prisoners in administrative segregation between October 1, 2017
and September 30, 2018 who at any time during their current or prior prison term were
diagnosed with serious mental illness or a developmental disorder and the number of days
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11
each of the prisoners with serious mental illness or a developmental disorder have been
confined to administrative segregation.”
Minnesota

SF 8 Omnibus judiciary and public safety bill, 2019 Leg., 1st Special Sess. (Minn.
2019), https://www.revisor.mn.gov/bills/bill.php?b=senate&f=sf8&ssn=1&y=2019

Enacted: May 30, 2019
Summary: No definition of “segregation” is given.
Would restrict reasons for segregation to rule violations, “serious threat to life, property,
self, staff, or other inmates or to the security or orderly running of the institution.” Living
conditions must be “approximate to those [in] general population, including reduced
lighting during nighttime hours. Would require that the Commissioner of Corrections
receive on a monthly basis “notice of all offenders with consecutive placement in a
restrictive housing setting for more than 30 days” and that “[i]n the event an offender is
placed into restrictive housing for more than 120 days, the reason for the placement and
the behavior management plan for the offender . . . be submitted to the commissioner of
corrections.” Would require design of “graduated interventions” before and after placement
in segregation, including “step-down management.” Would require consultation with
mental health professional prisoner exhibits “serious symptoms of a mental illness that
prevents the inmate from understanding or fully participating in the disciplinary process.
Would require that prisoners be screened by health staff within 24 hours of placement in
restrictive housing, and daily thereafter. Would require consultation with mental health
professional on “appropriate treatment and placement.” Would require the implementation
of a “system of incentives” for return to general population (so that good behavior can lead
to accelerated return). Would prohibit release into the community of prisoners after a stay
of 60 days or more in restrictive housing, “absent a compelling reason.”
Would require annual reporting to the legislature beginning in 2020 and annually thereafter
of “(1) the number of inmates in each institution placed in segregation during the past year;
(2) the ages of inmates placed in segregation during the past year; (3) the number of inmates
transferred from segregation to the mental health treatment unit; (4) disciplinary sanctions
by infraction; (5) the lengths of terms served in segregation, including terms served
consecutively; and (6) the number of inmates by race in restrictive housing.”
New Mexico HB 394 Restricted Housing Act, 2019 Leg., Reg. Sess. (N.M. 2019),
https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=36
4&year=19

Enacted: April 3, 2019
Summary: “Restricted housing” is defined as “confinement of an inmate locked in a cell or similar
living quarters in a correctional facility for twenty-two or more hours each day without
daily, meaningful and sustained human interaction.”
Prohibits restrictive housing for inmates under 18 and inmates “known to be pregnant.”
Prohibits restrictive housing for the seriously mentally disabled unless it is necessary to

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prevent an imminent threat of physical harm, in which case it is permitted for up to 48
hours.
Requires that “every three months, each correctional facility…: produce a report that
includes: (a) the age, gender and ethnicity of every inmate who was placed in restricted
housing during the previous three months, including every inmate who is in restricted
housing at the time the report is produced; (b) the reason restricted housing was instituted
for each inmate listed in the report; and (c) the dates on which each inmate was placed in
and released from restricted housing during the previous three months.” These reports must
then be submitted “to the legislature, if the correctional facility is a prison” and to the
“board of county commissioners of the county in which the correctional facility is located,
if the facility is a jail.” The reports also must be posted to the corrections department’s
public website. Also requires that “[e]very three months, every private correctional facility
. . . submit[s] to the board of county commissioners of the county in which the private
correctional facility is located and to the legislature a report of all monetary settlements
that were paid to inmates, former inmates or inmates' estates as a result of lawsuits filed by
the inmates, former inmates or inmates' estates against the private correctional facility or
its employees related to the use of restricted confinement or any other reason.”
Virginia

SB 1777, HB 1642 An Act relating to Department of Corrections; restrictive
housing; data collection and reporting; report, 2019 Leg., Reg. Sess. (Va. 2019),
http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1777;
http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB1642

Enacted: March 18, 2019
Summary: “Restrictive housing” is defined as “special-purpose bed assignments operated under
maximum security regulations and procedures, and utilized under proper administrative
process, for the personal protection or custodial management of offenders.”
Requires that the Department of Corrections collect data on restrictive housing, and
annually report it to the General Assembly, and publish it on the Department of Corrections
website. Specifically requires reporting of the “average daily population in restrictive
housing; the number of offenders who were placed in and the number of offenders who
were released from restrictive housing; the age, sex, race, ethnicity, mental health code,
medical class code, security level, and custody level classification of each offender in
restrictive housing or a SAM unit; the disciplinary offense history preceding placement in
restrictive housing or a SAM unit; the number of days each offender spent in restrictive
housing; the number of offenders released from restrictive housing directly into the
community; the number of full-time mental health staff; and any changes made during the
reporting period to written policies or procedures of the Department [of Corrections] and
each state correctional facility relating to the use of restrictive housing and SAM units.”
Also requires that restrictive housing comply at a minimum with the American
Correctional Association's standards.

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Legislation Limiting the Use of Restrictive Housing Pending as of July 1, 2019
Federal
HR 1893 The Next Step Act, 2019 Leg., Reg. Sess. (U.S. 2019),
https://www.congress.gov/bill/116th-congress/house-bill/1893/text?q=%7B%22search
%22%3A%5B%22hr+1893%22%5D%7D&r=1&s=8

Status: Referred to Subcommittee on Crime, Terrorism, and Homeland Security, April 8, 2019
Summary: Would provide grant money to states that adopt laws prohibiting juvenile solitary
confinement.
S 697 The Next Step Act, 2019 Leg., Reg. Sess. (U.S. 2019),
https://www.congress.gov/bill/116th-congress/senate-bill/697/text?q=%7B%22search
%22%3A%5B%22s+697%22%5D%7D&r=1&s=9

Status: In Committee on Judiciary, March 7, 2019
Summary: Would provide grant money to states that adopt laws prohibiting juvenile solitary
confinement.
S 719 The Solitary Confinement Reform Act, 2019 Leg., Reg. Sess. (U.S.
2019), https://www.congress.gov/bill/116th-congress/senate-bill/719/text?q=%
7B%22search%22%3A%5B%22s+719%22%5D%7D&r=1&s=10

Status: In Committee on Judiciary, March 7, 2019
Summary: Would limit the placement of a federal inmate in solitary confinement (defined as
“confinement characterized by substantial isolation in a cell, alone or with other inmates,
including administrative segregation, disciplinary segregation, and confinement in any
facility designated by the Bureau of Prisons as a special housing unit, special management
unit, or administrative maximum facility”) to “the briefest terms and the least restrictive
conditions practicable.” Would require 4 hours per day of out-of-cell time unless the inmate
poses a substantial and immediate threat and that inmates in solitary confinement be
allowed to participate in programming consistent with that provided to the general
population. Would prohibit the placement of an inmate who is to be released within 180
days into solitary confinement unless the inmate poses a substantial and immediate threat.
Would require the establishment of a transition process for inmates who have spent over
30 days in solitary confinement including re-socialization programming and regular mental
health counseling. Would require the establishment of general population protective
custody units to protect inmates from harm they might receive in a typical general
population setting. Would prohibit placement of vulnerable populations (including those
with serious mental illnesses, those with intellectual or physical disabilities that would be
exacerbated by placement in solitary confinement, those who are pregnant or in the first 8
weeks of postpartum recovery, or anyone else who a mental health professional has
determined would be “significantly adversely affected by placement in solitary
confinement”) unless the inmate poses a substantial and immediate threat, all other options
have been exhausted, the confinement is “limited to the briefest term and least restrictive
conditions practicable,” the confinement is reviewed by a committee every 24 hours, and
the inmate is diverted within 5 days. Would prohibit placement of LGBTQ and HIV
positive inmates in solitary confinement solely because of their status. Would place caps
on length of stay in administrative and disciplinary segregation and limits situations in
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which segregation can be used to cases where it is necessary. Would provide a process by
which an inmate can have placement in solitary reviewed. Would establish a National
Resource Center on Solitary Confinement Reduction and Reform to provide assistance to
corrections associations seeking to reduce the use of solitary confinement.

State
California

AB 732 An act relating to incarcerated persons, 2019 Leg., Reg. Sess. (Cal.
2019), http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id
=201920200AB732

Status: In Committee on Appropriations, hearing postponed, May 16, 2019
Summary: Would prohibit solitary confinement for pregnant inmates.
Massachusetts

S 1379 An Act to Strengthen Inmate Visitation, 2019 Leg., Reg. Sess.
(Mass. 2019), https://malegislature.gov/Bills/191/S1379

Status: In Committee on Public Safety and Homeland Security, January 22, 2019
Summary: Would declare that it is unreasonable (and therefore prohibited) to prohibit inmates in
restrictive housing from having access to the same visitation as those in the general
population. However, visitation could be restricted for 15 days after a disciplinary offense.
H 2047, An Act to Strengthen Inmate Visitation, 2019 Leg., Reg.
Sess. (Mass. 2019), https://malegislature.gov/Bills/191/H2047

Status: In Committee on Public Safety and Homeland Security, January 22, 2019
Summary: Would declare that it is unreasonable (and therefore prohibited) to prohibit inmates in
restrictive housing from having access to the same visitation as those in the general
population. However, visitation could be restricted for 15 days after a disciplinary offense.
H 1486, An Act to Reduce Recidivism Among Emerging Adults, 2019
Leg., Reg. Sess. (Mass. 2019), https://malegislature.gov/Bills/191/H1486

Status: In Committee on the Judiciary, January 22, 2019
Summary: Would prohibit restrictive housing for inmates aged 18-24 unless they are dangerous to
themselves or others and no other intervention has been or is likely to be effective.
Restrictive housing would be prohibited for inmates aged 18-24 as punishment,
harassment, or consequence for noncompliance.
S 940 An Act to Reduce Recidivism Among Emerging Adults, 2019
Leg., Reg. Sess. (Mass. 2019), https://malegislature.gov/Bills/191/S940

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H 1539 An Act Establishing Reasonable Limitations on the Solitary
Confinement of Inmates 21 Years of Age or Younger, 2019 Leg.,
Reg. Sess. (Mass. 2019), https://malegislature.gov/Bills/191/H1539

Status: In the Committee on the Judiciary, January 22, 2019
Summary: Would limit solitary confinement for those under 21 to 15 days for disciplinary
infractions and 48 hours (plus additional periods of 24 hours after review) if they pose a
danger.
H 2142 An Act Massachusetts Corrections Oversight Commission,
2019 Leg., Reg. Sess. (Mass. 2019), https://malegislature.gov/Bills/191/H2142

Status: In Committee on Public Safety and Homeland Security, January 22, 2019
Summary: Would establish a commission that, among other things, will submit recommendations
relating to solitary confinement.
New Jersey

S 2540, A3979 Dignity for Incarcerated Primary Caretaker Parents Act,
2018–19 Leg., Reg. Sess. (N.J. 2019), https://www.njleg.state.nj.us/bills/BillView.asp
https://www.njleg.state.nj.us/2018/Bills/S3000/2540_I1.PDF,
https://www.njleg.state.nj.us/bills/BillView.asp

Status: Referred to Senate Budget and Appropriations Committee, June 6, 2019
Summary: Prohibits solitary confinement for pregnant women.
A314, S3261, An Act concerning restrictions on isolated confinement in
correctional facilities, 2018–19 Leg., Reg. Sess. (N.J. 2018),
https://www.njleg.state.nj.us/bills/BillView.asp;
https://www.njleg.state.nj.us/bills/BillView.asp

Status: Passed both houses, June 20, 2019
Summary: Would prohibit the use of isolated confinement unless there is reasonable cause to
believe that the inmate would create a substantial risk of immediate serious harm to himself
or someone else and a less restrictive intervention would not reduce the risk. This standard
would have to be shown by clear and convincing evidence. Would provide procedures for
a hearing soon after placement. Would limit isolated confinement to 15 consecutive days
or 20 days in a 60-day period. Would require that isolated confinement cells meet basic
condition requirements and that inmates in isolated confinement have access to services.
Would prohibit isolated confinement for vulnerable populations except in emergency
situations (i.e. lockdowns). Would limit use of isolated confinement for protection and
while awaiting hearing for disciplinary offense. Would increase training requirements for
prison employees related to isolated confinement and vulnerable populations.
New York

A 04373 An act creating a temporary state commission relating to local
correctional facilities in upstate New York, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=A04373&term=2019

Status: Referred to Ways and Means, April 30, 2019
Summary: Would create a temporary state commission to study solitary confinement practices at
local correctional facilities outside the boundaries of a city with a population of more than
one million people.

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S 02169 An act creating a temporary state commission relating to local
correctional facilities in upstate New York, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=S02169&term=2019

Status: In Finance Committee, March 25, 2019
Summary: Would create a temporary state commission to study solitary confinement practices at
local correctional facilities outside the boundaries of a city with a population of more than
one million people.
S 01623 An act to amend the correction law, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=S01623&term=2019

Status: Committed to Rules, June 20, 2019
Summary: Would prohibit the use of solitary for those under 21, older than 55, those with a
disability and pregnant prisoners. Would prohibit segregated confinement for longer than
necessary and for more than 15 consecutive days or 20 days within a 60 day period. Would
require at least 4 hours/day of out of cell programming for those in solitary including one
hour of recreation. Would prohibit limitations on basic needs, treatment, or services, or
changes to diet as punishment. Would require provision of similar programming/services
as those available to the general population. Would set procedures for hearings on solitary.
Would set training standards for correctional officers and employees.
A 02500 An act to amend the correction law, in relation to restricting the use
of segregated confinement and creating alternative therapeutic and
rehabilitative confinement options, 2019–20 Leg., Reg. Sess. (N.Y. 2019),
https://nyassembly.gov/leg/?default_fld=%0D%0A&leg_video=&bn=A02500&term=20
19&Summary=Y&Actions=Y

Status: In Ways and Means Committee, March 5, 2019
Summary: Would prohibit the use of solitary for those under 21, older than 55, those with a
disability and pregnant prisoners. Would prohibit segregated confinement for longer than
necessary and for more than 15 consecutive days or 20 days within a 60-day period. Would
require at least 4 hours/day of out of cell programming for those in solitary including one
hour of recreation. Would prohibit limitations on basic needs, treatment, or services, or
changes to diet as punishment. Would require provision of similar programming/services
as those available to the general population. Would set procedures for hearings on solitary.
Would set training standards for correctional officers and employees.
S 787 An Act to amend the correction law, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=S00787&term=2019

Status: In Crime Victims, Crime, and Correction Committee, January 9, 2019
Summary: Would prohibit placement of inmates in restrictive housing for reason of discipline,
detention, administrative segregation, protective custody, keeplock, or any other reason
unless they have engaged in highly dangerous or serious escape-related behavior. Would
limit confinement in restrictive housing to 30 days unless the inmate's behavior displays a
pattern of extreme violence. Would require review every 30 days of an inmate's placement
in restrictive housing by a board appointed by the Governor including one lawyer, one
mental health professional, one criminal justice expert employed at a state university, and
one former inmate. Would require that inmates with serious mental illnesses be diverted
from restrictive housing to residential mental health treatment units and that all inmates
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with serious mental illnesses be removed from restrictive housing, regardless of whether
the mental illness preceded entry into restrictive housing.
S 01696 An act to amend the correction law, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=S01696&term=2019

Status: In Crime Victims, Crime, and Correction Committee, January 15, 2019
Summary: Would require that any inmate under 21 in restrictive housing have access to at least
four hours/day of structured out-of-cell programming in addition to exercise. Inmates could
not be kept in punitive isolation, and would have to have access to calls, visits, and a normal
diet.
A 05272 An act to amend the correction law, 2019–20 Leg., Reg. Sess. (N.Y.
2019), https://nyassembly.gov/leg/?bn=A05272&term=2019

Status: In Correction Committee, February 8, 2019
Summary: Would require that any inmate under 21 in restrictive housing have access to at least
four hours/day of structured out-of-cell programming in addition to exercise. Inmates could
not be kept in punitive isolation, and would have to have access to calls, visits, and a normal
diet.
Ohio SB 18 An act to prohibit restraining or confining pregnant female offender, 2019
Leg., Reg. Sess. (Ohio 2019), https://www.legislature.ohio.gov/legislation/legislationsummary?id=GA133-SB-18

Status: In Judiciary Committee, February 13, 2019
Summary: Would prohibit the use of solitary for female prisoners who are in their third trimester
of pregnancy, in labor/delivery, or in post-partum recovery after pregnancy unless they are
a threat to themselves or another person, a medical professional has been informed, and the
medical professional does not object.
Oregon

HB 3186 An act relating to incarcerated persons, 2019 Leg., Reg. Sess. (Or.
2019), https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB3186

Status: In House Judiciary Committee, March 5, 2019
Summary: Would prohibit long-term solitary confinement (more than 15 consecutive days).
Would require that all confined persons be provided vocational training.
Pennsylvania HB 497 An act amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, providing for solitary confinement, 2019 Leg., Reg.
Sess. (Or. 2019), https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear
=2019&sind=0&body=H&type=B&bn=0497

Status: In Judiciary Committee, February 12, 2019
Summary: Would prohibit the use of solitary for pregnant women, inmates under 21 or older than
70, and LGBTQ individuals. Also would cap solitary at 15 days for all inmates.

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Legislation on Restrictive Housing Data Collection Pending as of July 1, 2019
Massachusetts

S 905 An Act to collect data on LGBTQI prisoners held in restrictive
housing, 2019 Leg., Reg. Sess. (Mass. 2019), https://malegislature
.gov/Bills/191/S905

Status: In Committee on the Judiciary, January 22, 2019
Summary: No definition for “restrictive housing” is given.
Would increase data reporting from an annual to a biannual requirement. Would change
the data reporting requirement from reporting the total number of “prisoners as to whom a
finding of serious mental illness has been made” who are held in restrictive housing for
over 30 days to require “delineat[ion] by diagnosis,” rather than report of just the total
number and to count those held for over 15 days instead of 30. Would require reporting of
the “voluntary self identified sexual orientation . . . and gender identity . . . of each prisoner
subjected to restrictive housing” and “whether the prisoner was pregnant during time spent
in restrictive housing.” Also would require reporting of “the number of prisoners held in
restrictive housing based on allegations or investigations of Prison Rape Elimination Act
(PREA) violations and the number of prisoners held in restrictive housing who are victims
of PREA violations.”
Also requires reporting of “the number of prisoners subjected to restrictive housing,” “the
number of prisoners held in restrictive housing for more than 15 days,” “the number of
prisoners 21 years of age or younger subjected to restrictive housing,” “the number of
pregnant prisoners subjected to restrictive housing,” “the racial and ethnic composition of
prisoners subjected to restrictive housing,” “the sexual orientation and gender identity
composition of prisoners subjected to restrictive housing who have voluntarily disclosed
during Prison Rape Elimination Act (PREA) screenings or voluntarily disclose and selfidentify at any other time during their incarceration their sexual orientation . . .,” “the
number of prisoners subjected to multiple stays in restrictive housing in a given reporting
period,” and “the rate of recidivism for individuals that were subject to restrictive housing.”
H 1341 An Act to collect data on LGBTQI prisoners held in restrictive
housing, 2019 Leg., Reg. Sess. (Mass. 2019), https://malegislature
.gov/Bills/191/H1341

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(PREA) violations and the number of prisoners held in restrictive housing who are victims
of PREA violations.”
Also requires reporting of “the number of prisoners subjected to restrictive housing,” “the
number of prisoners held in restrictive housing for more than 15 days,” “the number of
prisoners 21 years of age or younger subjected to restrictive housing,” “the number of
pregnant prisoners subjected to restrictive housing,” “the racial and ethnic composition of
prisoners subjected to restrictive housing,” “the sexual orientation and gender identity
composition of prisoners subjected to restrictive housing who have voluntarily disclosed
during Prison Rape Elimination Act (PREA) screenings or voluntarily disclose and selfidentify at any other time during their incarceration their sexual orientation . . .,” “the
number of prisoners subjected to multiple stays in restrictive housing in a given reporting
period,” and “the rate of recidivism for individuals that were subject to restrictive
housing.”
S 1362 An Act to create uniform standards in use of force, increase
transparency, and reduce harm, 2019 Leg., Reg. Sess. (Mass. 2019),
https://malegislature.gov/Bills/191/S1362

Status: In Committee on Public Safety and Homeland Security, January 22, 2019
Summary: No definition of “restrictive housing” or “use of force” is given.
Requires that agencies report and make public “the number of incidents [of use of force]
in restrictive housing.”
H 2087 An Act to create uniform standards in use of force, increase
transparency, and reduce harm, 2019 Leg., Reg. Sess. (Mass.
2019), https://malegislature.gov/Bills/191/H2087
Status: In Committee on Public Safety and Homeland Security, January 22, 2019
Summary: No definition of “restrictive housing” or “use of force” is given.
Requires that agencies report and make public “the number of incidents [of use of force]
in restrictive housing.”

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Legislation Limiting the Use of Restrictive Housing – Not Enacted during 2019 Session
Arizona

SB 1358 An act relating to prisoners, 2019 Leg., Reg. Sess. (Ariz. 2019),
https://apps.azleg.gov/BillStatus/BillOverview/71994?SessionId=121

Status: Did not pass before end of session; In TPS, Appropriations, and Rules Committees
Summary: Would prohibit the use of solitary confinement for prisoners who are pregnant or in
postpartum recovery unless they are a danger and requires that any use of solitary for these
prisoners be limited and temporary. Also would require that the Attorney General appoint
an ombudsman to oversee and monitor the use of segregated housing.
Connecticut SB 1109 An Act Concerning Solitary Confinement, 2019 Leg., Reg. Sess.
(Conn. 2019), https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType
=Bill&bill_num=SB01109&which_year=2019

Status: Did not pass before session ended, tabled for senate calendar, file number 806
Summary: States that “the department [of corrections] shall not hold any person on administrative
segregation status or restrictive housing status.” “Administrative segregation status” is
defined as “the Department of Correction's practice of placing an inmate on restrictive
housing status following a determination that such inmate can no longer be safely managed
within the general inmate population of the correctional facility.” “Restrictive housing
status” is defined as “the designation of an inmate by the Department of Correction that
provides for closely regulated management and separation of such inmate from other
inmates.”
For the hearing See, e.g. Connecticut Judiciary Committee Testimony for SB-01109,
March 29, 2019, available at https://www.cga.ct.gov/asp/menu/CommDocTmyBill.
asp?comm_code=jud&bill=SB-01109&doc_year=2019.
HB 6705 An act concerning solitary confinement, 2019 Leg. Reg. Sess. (Conn.
2019), https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBill
Type=Bill&bill_num=HB6705&which_year=2019

Status: Did not pass before end of session, in judiciary committee
Summary: Would prohibit the use of solitary confinement. No definition of solitary confinement
is included in the bill.
Florida

SB 1402 An act relating to inmate confinement, 2019 Leg., Reg. Sess. (Fla.
2019), http://www.flsenate.gov/Session/Bill/2019/01402

Status: Died in Criminal Justice Committee, May 3, 2019
Summary: Would prohibit solitary confinement (22 hours or more per day) and places limitations
on "restrictive confinement" (20 hours or more per day). Would prohibit restrictive
confinement except in circumstances that pose an immediate threat to the safety of an
inmate or guard. Would limit restrictive confinement to 15 consecutive days or 20 days in
a 60-day period. Would require that inmates in restrictive confinement have at least 4 hours
out of their cells, be allowed to participate in programming, and be allowed to have as
much meaningful interaction with others as practicable, and be evaluated by a mental
health professional once every 24 hours. Would prohibit restrictive confinement for anyone
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21
under 18, pregnant, mentally ill, and intellectually disabled inmates except when the inmate
is dangerous and all other options have been exhausted.
SB 624 An act relating to youth in solitary confinement, 2019 Leg., Reg. Sess. (Fla.
2019), http://www.flsenate.gov/Session/Bill/2019/00624

Status: Died in Appropriations Committee, May 3, 2019
Summary: Would prohibit solitary confinement of youths (anyone under 19) except if the person
is a danger and all other options have been exhausted. Would require that officials
document the placement of youth in solitary confinement, including the reason for their
placement. Would implement time limits and medical care standards for different types of
solitary confinement, including emergency confinement and medical confinement.
SB 110 An act relating to youth in solitary confinement, 2019 Leg. Reg. Sess.
(Fla. 2019), http://www.flsenate.gov/Session/Bill/2019/00110

Status: Died in Criminal Justice Committee on May 3, 2019
Summary: Would limit solitary confinement for anyone under 18. Would limit disciplinary
confinement to 72 hours and would limit emergency confinement to 24 hours. Would
require minimum conditions for those in solitary confinement, including regular checks, at
least one hour of out-of-cell exercise including access to outdoor recreation, daily showers,
and access to the same meals and other resources as the general population.
HB 499 An act relating to youth in solitary confinement, 2019 Leg. Reg. Sess.
(Fla. 2019), http://www.flsenate.gov/Session/Bill/2019/00499

Status: Died in Criminal Justice Subcommittee on May 3, 2019
Summary: Would limit solitary confinement for anyone under 18. Would limit disciplinary
confinement to 72 hours and would limit emergency confinement to 24 hours. Would
require minimum conditions for those in solitary confinement, including regular checks, at
least one hour of out-of-cell exercise including access to outdoor recreation, daily showers,
and access to the same meals and other resources as the general population.
HB 755 An act relating to youth in solitary confinement, 2019 Leg., Reg. Sess.
(Fla. 2019), http://www.flsenate.gov/Session/Bill/2019/00755

Status: Died in Criminal Justice Subcommittee on May 3, 2019
Summary: Would prohibit the use of solitary confinement as a disciplinary measure for anyone
under 19. Would limit the use of emergency confinement for people under 19 to situations
where there is an imminent risk of danger and all other options have been exhausted. Would
limit the use of emergency confinement for people under 19 to four hours unless an
extension is sought from a medical professional and would require that they receive the
same meals, clothing, treatment, etc. as the general population. Would limit medical
confinement to situations where it is necessary to prevent the spread of disease.
Georgia

HB 475 An act relating to inmate policies, 2019–20 Leg., Reg. Sess. (Ga. 2019),
http://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/475

Status: Did not pass before session ended; before House Second Readers
Summary: Would prohibit solitary confinement of pregnant or postpartum women.

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Hawaii

SB 608 An act relating to corrections, 2019 Leg., Reg. Sess. (Haw. 2019),
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&
billnumber=608

Status: Did not pass before session ended; in Judiciary Committee
Summary: Would prohibit the use of administrative or disciplinary segregation unless less
restrictive interventions are not available and an inmate commits an act of violence, or
poses a serious threat. Would cap administrative segregation at 14 days during any 30-day
period and caps disciplinary segregation at 60 days during any 180-day period. Would
require that inmates in solitary be provided basic necessities and that regular hearings be
held to continue placement. Would require additional mental health evaluations for
members of vulnerable populations (those under 21, those older than 65, the mentally ill,
developmentally disabled, auditorily or visually impaired, pregnant, or "perceived to be
LGBTQ+") in solitary.
Illinois

HB 0182 An act concerning criminal law, 2019 Leg., Reg. Sess. (Ill. 2019),
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=182&GAID=15
&DocTypeID=HB&LegID=114042&SessionID=108&GA=101&SpecSes
s=0

Status: Did not pass before session ended; in Rules Committee
Summary: Would require the establishment of disciplinary procedures for cases involving the
imposition of restrictive housing that are consistent with the Isolated Confinement
Restriction Act.
HB 2102 Solitary Confinement Reform Act, 2019 Leg., Reg. Sess. (Ill. 2019),
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2102&GAID=15
&DocTypeID=HB&LegID=117748&SessionID=108&GA=101&SpecSess=0

Status: Did not pass before session ended; in Rules Committee
Summary: Contains only a short title provision.
Maryland

HB 1002 An act concerning Correctional Services – Restrictive Housing –
Direct Release, 2019 Leg., Reg. Sess. (Md. 2019), http://mgaleg.maryland.gov/
webmga/frmMain.aspx?pid=billpage&stab=02&id=hb1002&tab=subject3&ys=2019RS

Status: Did not pass before session ended; passed Second Reading in the Senate
Summary: Would prohibit placement of an inmate in restrictive housing within 180 days of their
release date unless the warden makes an individualized determination based on clear and
convincing evidence and certifies in writing that the inmate poses a grave risk of harm and
other less restrictive options have been exhausted or the inmate poses an immediate and
credible flight risk that cannot reasonably be prevented by other means. Would require that
an inmate placed in restrictive housing receive a copy of the placement authorization
stating the reason for placement, the length of placement, and procedures for appealing
placement. An inmate released from restrictive housing into the community would have to
receive a release plan tailored to them and notice of applicable community resources.

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HB 1029 Restrictive Housing Reform Act of 2019, 2019 Leg., Reg. Sess. (Md.
2019), http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage
&stab=03&id=hb1029&tab=subject3&ys=2019RS

Status: Did not pass before session ended; Judiciary Committee Hearing
Summary: Would require that each inmate placed in restrictive housing be provided a review
process that occurs within 3 days of placement and every 3 days after placement (to confirm
continued basis for placement), a written process to appeal placement, and copies of all
non-classified documents relating to placement. Before placement, the inmate would have
to be provided with a mental health evaluation and de-escalation techniques. Would
prohibit restrictive housing for administrative infractions, limits restrictive housing to 15
consecutive days for a first substantive infraction, 30 days for a second, and 45 days for a
third. Would prohibit placement of an inmate in restrictive housing for more than 15
consecutive days or a total of 90 days in a one-year period unless there is clear and
convincing evidence that the inmate poses an immediate and substantial risk of physical
harm. Would require that those in restrictive housing receive weekly health assessments
and the same standard of access as general population inmates to basic necessities, as well
as maximum access to programming.
Minnesota

SF 2625 An act relating to public safety, 2019 –20 Leg., Reg. Sess. (Minn. 2019),
https://www.revisor.mn.gov/bills/bill.php?f=SF2625&b=senate&y=2019&ssn=0

Status: Did not pass before session ended; in Judiciary and Public Safety Finance and Policy
Committee, March 21, 2019
Summary: Would allocate funds to implement restrictive housing reforms to reduce misconduct
and comply with federal and accreditation standards.
HF 2711 An act relating to public safety, 2019 –20 Leg., Reg. Sess. (Minn. 2019),
https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2711&ssn=0&y=2019

Status: Did not pass before session ended; in Public Safety and Criminal Justice Reform Finance
and Policy Division, March 25th 2019
Summary: Would allocate funds to implement restrictive housing reforms to reduce misconduct
and comply with federal and accreditation standards.

Nebraska

LB 739 An act to change procedures and requirements for use of restrictive
housing of inmates, 2019 Leg., Reg. Sess. (Neb. 2019), https://nebraska
legislature.gov/bills/view_bill.php?DocumentID=37641

Status: Did not pass before session ended; Amended by AM1737
Summary: Would redefine solitary confinement (which is prohibited for any person) to mean
"confinement in an isolated cell, alone or with another inmate, for an average of 22 or more
hours per day, in an environment that ensures maximum control." Would prohibit
restrictive housing (defined as conditions of confinement that provide limited contact with
other inmates, strictly controlled movement while out of cell, and out-of-cell time of less
than twenty-four hours per week) for vulnerable populations (inmates 18 years or younger,
pregnant inmates, inmates with serious mental illnesses, and inmates with developmental
disabilities or traumatic brain injuries). They could be assigned to immediate segregation
to protect themselves or others. Would limit restrictive housing to 90 days per year unless
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there is an individualized determination made by a specialized inmate classification
committee. The committee would have to have at least one qualified mental health
professional. The committee would have to find by a preponderance of the evidence
following a hearing that less restrictive alternatives are unsuitable in light of a continuing
and serious security threat.
LB 262 An act to change membership and duties of long-term restrictive
housing work group, 2019 Leg., Reg. Sess. (Neb. 2019), https://nebraska
legislature.gov/bills/view_bill.php?DocumentID=37362

Status: Did not pass before session ended; amended by AM1737
Summary: Would adjust the membership of the restrictive housing work group to increase from
one to two the number of inmates formerly incarcerated in Nebraska, decrease from two to
one the number of representatives from prisoners' advocacy groups, and eliminate the
requirement that there be two mental health professionals. Also would require that the
Director of the Department of Corrections meets with the work group at least ten days prior
to release of the annual report on restrictive housing.
Oklahoma

SB 460 An act relating to the Office of Juvenile Affairs, 2019 Leg., Reg. Sess.
(Okla. 2019), http://www.oklegislature.gov/BillInfo.aspx?Bill=sb460&Session=1900

Status: Did not pass before session ended; reported Do Pass from Rules Committee
Summary: Would prohibit punishment of a child with solitary confinement.
South Carolina

H 3919 Youth Sentencing Act of 2019, 2019 Leg., Reg. Sess. (S.C.
2019), https://www.scstatehouse.gov/query.php?search=DOC&searchtext
=solitary&category=LEGISLATION&session=123&conid=15402621&result_p
os=0&keyval=1233919&numrows=10

Status: Did not pass before session ended; in Committee on the Judiciary
Summary: Would prohibit the use of solitary for inmates under 18.
S 471 Youth Sentencing Act of 2019, 2019 Leg., Reg. Sess. (S.C.
2019), https://www.scstatehouse.gov/query.php?search=DOC&searchtext
=solitary&category=LEGISLATION&session=123&conid=15402621&result_p
os=0&keyval=1230471&numrows=10

Status: Did not pass before session ended; in Committee on the Judiciary
Summary: Would prohibit the use of solitary for inmates under 18.
Tennessee

HB 1185, SB 0655 Juvenile Justice Stop Solitary Confinement Act,
2019 Leg., Reg. Sess. (Tenn. 2019), http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?
BillNumber=HB1185; http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?Bill
Number=SB0655

Status: Did not pass before session ended; action deferred in Senate Judiciary Committee to first
calendar of 2020
Summary: Would prohibit the use of solitary for juveniles unless less restrictive options have been
exhausted; solitary is not used for coercion, convenience, or retaliation by staff; and the
minor poses a serious security risk or imminent threat. Would cap the time a juvenile can
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25
spend in solitary at 22 hours without a hearing, and 7 days for no more than 22 hours/day
after a hearing.
SB 1150, HB 1240 An Act to amend Tennessee Code relative to pregnant
inmates, 2019 Leg., Reg. Sess. (Tenn. 2019), http://wapp.capitol.tn.gov/apps/BillInfo/
Default.aspx?BillNumber=SB1150

Status: Did not pass before session ended; in General Subcommittee of Senate State and Local
Government Committee
Summary: Would prohibit solitary confinement for pregnant inmates and inmates who have given
birth within the past 8 weeks, regardless of whether the confinement is for punishment or
safekeeping.
HB 1184, SB0958 An Act to amend Tennessee Code relative to correctional
institutions, 2019 Leg., Reg. Sess. (Tenn. 2019), http://wapp.capitol.tn.gov/apps/Bill
Info/Default.aspx?BillNumber=HB1184; http://wapp.capitol.tn.gov/apps/Bill
Info/Default.aspx?BillNumber=SB0958

Status: Did not pass before session ended; in Corrections Subcommittee; in General Subcomittee
of Senate State and Local Government Committee
Summary: Would prohibit solitary confinement for pregnant inmates and inmates who have given
birth within the past 8 weeks.

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26
Legislation on Restrictive Housing Data Collection – Not Enacted during 2019 Session
Arkansas

HB 1530 An Act to Collect Data Concerning the Use of Solitary Confinement
or Segregation in the Department of Corrections, 2019 Leg., Reg. Sess. (Ark.
2019), http://www.arkleg.state.ar.us/assembly/2019/2019R/Pages/BillInformation.aspx?
measureno=hb1530

Status: Died on House Calendar at Sine Die Adjournment, April 24, 2019
Summary: “Segregation” is defined as “a type of detention that involves the removal of a person
from the general inmate population, including solitary confinement, whether voluntary or
involuntary, in which the person is placed in a locked room or cell for approximately
twenty-two (22) hours or more out of a twenty four-hour period.”
Would require that “the Department of Correction, the Division of Youth Services, and
all local and regional detention facilities . . . submit a quarterly report to the Legislative
Council showing: (1) the number of persons disciplined or transferred to segregation during
the prior quarter,” including their “(A) [r]acial composition; (B) [g]ender; (C) [the] number
of persons: (i) paroled directly from segregation; and (ii) in segregation: (a) [d]ue to
protective custody; (b) [w]ho are pregnant; (c) [w]ho are twenty-one (21) years of age or
younger; (d) [w]ho are fifty-five (55) years of age or older; (e) [w]ith a serious mental
illness, and what the diagnosis for the person is; (f) [w]ith a mental illness, and what the
diagnosis for the person is; (g) with a disability; (h) [w]ho have requested reasonable
accommodation for a disability; (i) [w]ho have received a requested reasonable
accommodation for a disability and; (D) [t]he number of: (i) [s]uicides, and the methods of
suicide used by persons housed in segregation; (ii) [s]uicides attempted by persons housed
in segregation; (iii) [m]ental health professionals who work directly with persons in
segregation; (iv) [p]ersons released from segregation due to mental decomposition; (v)
[p]ersons transferred to outside hospitals or psychiatric units from segregation; (vi)
[p]ersons placed on mental health watch while in segregation; (vii) [s]taff assigned to
segregation; (viii) [c]onfidential mental health treatment appointments requested and
approved and confidential mental health treatments attended by persons in segregation; (ix)
[v]iolent incidents involving a person housed in segregation and department personnel; (x)
[d]eaths and the cause of death for persons housed in segregation; (xi) [p]ersons housed in
segregation due to a disciplinary infraction, categorized by type of disciplinary infraction
as follows: (a) [v]iolence to self; (b) [v]iolence to others; (c) [p]ossession of nonpornographic contraband; (d) [p]ossession of drug-related contraband; (e) [m]asturbation;
(f) [s]ex with another person; (g) [p]ossession of pornographic contraband and; (h) other
disciplinary infraction . . . and (xii) [p]ersons in segregation who spent time outside of his
or her cell for recreational purpose and; (2)(A) [t]he average and median length of stay for
persons housed in segregation . . . includ[ing] persons who have been housed in segregation
longer than three (3) months.”
Vermont

H 284 An act relating to data collection in the criminal justice system, 2019
Leg., Reg. Sess. (Vt. 2019), https://legislature.vermont.gov/bill/status/2020/H.284

Status: Did not pass before the end of the session; In Committee on the Judiciary
Summary: No definition of “solitary confinement” is given.

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27
Would require that “on the first Monday of every month . . . the Department shall issue a
report on . . . [t]he number and percentage of inmates who have been held in solitary
confinement in the previous month and the number of days of that confinement.” Requires
that the “[d]ata . . . include the inmate’s age, race and gender, the reason for segregation,
and whether or not the inmate is classified as having a serious functional impairment.”
Washington HB 2080 An act relating to solitary confinement, 2019 Leg., Reg. Sess. (Wash.
2019), https://app.leg.wa.gov/billsummary?BillNumber=2080&Year=2019&
Initiative=false

Status: Did not pass before end of session; In Committee on Public Safety
Summary: The bill defines solitary confinement as “the placement of an offender in a locked room
or cell alone with minimal or no contact with persons other than guards, facility staff, and
attorneys.” The bill notes that “using different terminology for this practice, such as room
confinement, administrative segregation, segregated housing, protective custody,
restrictive housing, restricted housing, restricted engagement, close confinement, special
management unit, intensive management unit, administrative detention, nonpunitive
isolation, temporary isolation, reflection cottage, or maximum custody, among others, does
not exempt a practice from being solitary confinement.” It also excludes from its definition
of “solitary confinement” “the short-term placement of offenders in individual cells for
purposes of facility or living unit security issues, or for other short-term facility physical
plan safety and maintenance issues.”
Would prohibit solitary confinement of juveniles (anyone who is incarcerated for an
offense committed when they were under 18) except when they necessary to prevent
significant and imminent harm and other less restrictive means have been unsuccessful.
Would direct the Department of Corrections to develop policies aimed at limiting the use
and duration of solitary on juveniles and requiring that they receive access to programming
while in solitary.
Would require that “[t]he department [of corrections] . . . compile, on a monthly basis . . .
the following information with respect to all state institutions and facilities used for
juvenile rehabilitation: (a) The number of times solitary confinement was used; (b) The
circumstances leading to the use of solitary confinement; (c) A determination of whether,
for each instance of solitary confinement, the use of solitary confinement lasted more or
less than four hours within a twenty-four hour period and, for instances lasting more than
four hours, the length of time the youth remained in solitary confinement; (d) For each
instance of solitary confinement, whether or not supervisory review of the solitary
confinement occurred and was documented; (e) For each instance of solitary confinement,
whether or not a medical assessment or review and a mental health assessment or review
were conducted and documented; and (f) For each instance of solitary confinement,
whether or not the affected youth was afforded full access to education, programming, and
ordinary necessities such as medication, meals, and reading material during the term of
solitary confinement.” This report would have to be submitted “to the appropriate
committees of the legislature.”

Liman Center - Restrictive Housing Legislation Research Brief revised 2 July 18, 2019