INTRODUCED
BY G. Frazer, D. Bedey, M. Bertoglio, E. Buttrey, W. Galt, F. Garner, J.
Gillette, S. Greef, L. Jones, K. Kelker, E. Kerr-Carpenter, D. Loge, B.
Mitchell, M. Noland, S. Novak, J. Patelis, B. Phalen, B. Putnam, L. Reksten, T.
Running Wolf, L. Sheldon-Galloway, M. Stromswold, J. Trebas
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO RESTRICTIVE HOUSING; REVISING WHEN AN INMATE IN A RESTRICTIVE HOUSING UNIT MUST RECEIVE CERTAIN APPRAISALS; REVISING WHEN INFORMATION OBTAINED DURING AN APPRAISAL MAY BE DISSEMINATED; REVISING DEFINITIONS; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 53-30-702 AND 53-30-708, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-30-702, MCA, is amended to read:
"53-30-702. Definitions. As used in this part, the following definitions apply:
(1) "Administrative segregation" means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation.
(2) "Administrator" means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program.
(3) "Department" means the department of corrections provided for in 2-15-2301.
(4) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment.
(5) "Disciplinary detention" means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time.
(6) "Facility" means a state prison defined in 53-30-101(3)(c)(i) through (3)(c)(iii) and (3)(c)(v) or a youth correctional facility pursuant to 52-5-101.
(7) "Mental disorder" means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. The individual also must:
(a) currently have or have had within the past year a diagnosed mental disorder; and
(b) currently exhibit significant signs and symptoms of a mental disorder.
(8) "Postpartum" means the first 6 weeks after delivery.
(9) "Prehearing confinement" means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates.
(10) "Protective custody" means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety.
(11) "Qualified mental health professional" includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients.
(12) "Restrictive housing" means 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. The term includes administrative segregation, protective custody, and disciplinary detention if the conditions of confinement require inmates to be confined to a cell for at least 22 hours a day.
(13) (a) "Severe mental illness" means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life.
(b) Intellectual disability, epilepsy, other developmental disabilities, alcohol or substance abuse, or brief periods of intoxication or criminal behavior do not alone constitute severe mental illness. The individual must also:
(i) currently have or have had within the past year a diagnosed mental disorder; and
(ii) currently exhibit significant signs and symptoms of a mental disorder.
(13)(14) "Step-down program" means 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.
(14)(15) "Temporary confinement" has the same
meaning as "prehearing confinement" as defined in this section."
Section 2. Section 53-30-708, MCA, is amended to read:
"53-30-708. Mental health status review. (1) When a housing or management unit exists for adult or youth inmates with mental health issues, a mental disorder, or mental illness, procedures adopted pursuant to 53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department.
(2) Upon notification that an inmate has been placed in restrictive housing, a qualified health care professional will review the inmate's health record. If an existing medical, mental health, or dental need requires accommodation, custody staff must be notified.
(3) When reviewing the health records of an inmate with a mental disorder, health staff shall assess the risk of exacerbation of mental disorder and who has been placed in restrictive housing, a qualified health care professional shall notify mental health staff. This review and notification must be documented in the inmate's health record.
(3)(4) The procedures established pursuant to 53-30-703(7)
must provide that an inmate entering restrictive housing must be seen and
assessed by a qualified mental health professional or health care professional,
in accordance with the national commission on correctional health care
standards. Each contact must be documented on in the inmate's log record, and the notation must contain, at a minimum, a status
report and the date and time of the contact. Individual logs documentation must be filed in the inmate's medical and mental health
records.
(4)(5) A qualified mental health professional shall
complete a mental health appraisal within 72 hours of the period set by American
correctional association standards after an
inmate's placement in restrictive housing. The appraisal may include a mental
health screening review that
has been completed by health care personnel at the time the inmate is placed in
restrictive housing. If confinement continues beyond 30 days, a qualified
mental health professional shall complete a behavioral health assessment at least every 14
days an updated mental health
appraisal with the frequency
set by American
correctional association standards for an
inmate with a diagnosed behavioral or mental health disorder and more frequently if clinically indicated. For
an inmate without a behavioral mental health
disorder, the assessment appraisal must
be completed every 14 days with the frequency set by American correctional
association standards and more frequently if
clinically indicated. The behavioral mental health
assessment appraisal must
be conducted in a manner that ensures confidentiality. Dissemination of any information obtained in the
mental health appraisal must be for the limited purpose of institutional safety
and security.
(5)(6) An inmate diagnosed with a serious severe mental
disorder illness may
not be placed in restrictive housing for more than 14 days unless a
multidisciplinary service team determines there is an immediate and present
danger to others or to the safety of the institution. If an inmate with a serious severe mental
disorder illness is
placed in restrictive housing, the inmate must be provided with an active
individualized treatment plan that includes weekly monitoring by mental health
staff, treatment as necessary, and steps to facilitate the transition of the
inmate back into the general population."
Section 3. Appropriation. There is appropriated from the general fund $900 to the department of corrections for the biennium beginning July 1, 2021, for the purposes of installing an additional camera in the restrictive housing unit at the Montana state prison.
Section 4. Effective date. [This act] is effective July 1, 2021.