One-Size-Fits-All Restrictive Housing Requirements Burden Counties

On March 6, 2024, Associate Policy Director Sarah Sample testified before the Senate Judicial Proceedings Committee in opposition to SB 1085- Corrections- Segregated Housing- Limitations. This bill alters reporting requirements for local detention centers related to individuals in segregated housing. It also changes the definition of restrictive housing from 22 hours to more than 17 hours in an individual cell.

No warden takes the decision to use restrictive housing lightly but, under some circumstances, these accommodations are in the best interest of the individual, staff members, and the broader detention center population. The changes required in the bill would mandate additional capital and operating funding for beds, dayrooms, staff, security, and space.

From MACo Testimony:

In a large-scale state-run facility, there may be multiple options to consider in managing difficult incarcerated individual cases and accommodating the out-of-cell time required by the bill. However, in county detention centers − frequently smaller in physical space than state facilities − such options may simply be unavailable. SB 1085, however, holds both facilities to the same standard.

SB 1085’s cross-file, HB 1144, was heard on March 7, 2024 in the House Judiciary Committee. Sarah Sample testified in opposition to this bill.

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