SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 3261

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 6, 2019

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 3261.

      As amended and reported by the committee, this bill restricts the use of isolated confinement in correctional facilities in this State. 

      The bill generally prohibits inmates from being placed in isolated confinement unless the correctional facility establishes by clear and convincing evidence that there is reasonable cause to believe that the inmate or others would be at substantial risk of immediate, serious harm as evidenced by recent threats or conduct, and any less restrictive intervention would be insufficient to reduce that risk.  The bill defines isolated confinement as “confinement of an inmate in a correctional facility, pursuant to disciplinary, administrative, protective, investigative, medical, or other classification, in a cell or similarly confined holding or living space, alone or with other inmates, for approximately 20 hours or more per day with severely restricted activity, movement, and social interaction.” 

     Under the bill, inmates may not be placed in isolated confinement for non-disciplinary reasons, with the exception of facility-wide lock downs, medical isolation, and protective custody.  Inmates generally also are not to be placed in isolated confinement pending investigation of disciplinary offenses. 

     The bill requires a licensed clinician to conduct a personal and comprehensive medical and mental health examination before a State inmate may be placed in isolated confinement.  County inmates are to receive a preliminary examination by medical staff within 12 hours of confinement and a clinical examination within 48 hours of confinement.  Inmates are to be provided an opportunity to contest the confinement and have the right to an initial hearing within 72 hours of placement with subsequent reviews every 15 days.  The bill accords the inmates the right to appear at the hearing by an independent hearing officer, have representation, and receive a written statement explaining the reasons for the decision made at the hearing.  The facility administrator is responsible for making the final decision to place an inmate in isolated confinement and to remove an inmate who no longer meets the standards for confinement. 

     The bill requires that a clinician daily evaluate State inmates to determine whether the inmate is a member of a vulnerable population; county inmates are to be evaluated by a member of the medical staff at least once per week.  Inmates determined to be a member of a vulnerable population are to be immediately moved to an appropriate placement.  An inmate is a member of a vulnerable population, as defined in the bill, if he or she is 21 years of age or younger; is 65 years of age or older; has a disability based on a mental illness, a history of psychiatric hospitalization, or has recently exhibited conduct, including but not limited to serious self-mutilation, indicating the need for further observation or evaluation to determine the presence of mental illness; has a developmental disability; has a serious medical condition which cannot effectively be treated in isolated confinement; is pregnant; is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy; has a significant auditory or visual impairment; or is perceived to be lesbian, gay, bisexual, transgender, or intersex. 

     Inmates placed in isolated confinement are not to be held there for more than 15 consecutive days, or for more than 20 days during any 60-day period.  Cells or other spaces in which inmates are confined are to be properly ventilated, lit, temperature-controlled, and clean, and be equipped with functioning sanitary fixtures. 

     The commissioner is to develop policies and procedures governing isolated confinement and ensure adequate correctional and program staff to ensure the safety of staff and inmates. 

COMMITTEE AMENDMENTS:

     The committee updated a provision of the findings and declarations section of the bill and made a technical amendment.