On February 19, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in opposition to SB 702 – Correctional Services – Restrictive Housing.
This bill changes the definition of restrictive housing to more than 17 hours in an individual cell in a 24-hour period of time. This shift is down from 22 hours.
No warden takes the decision to use restrictive housing lightly but, under some circumstances, these accommodations are in the best interests of the individual, staff members, and the broader detention center population. In a large-scale, State-run facility, there may be practical 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 – typically much smaller in physical space than state facilities − such options may simply be unavailable.
The new provisions of the bill create a situation where compliance is not possible despite a significant effort, as is already demanded. The changes would require additional capital and operating funding for more units, beds, dayrooms, staff, security, and space. Without those improvements, individuals who have voluntarily waived allowances, like out-of-cell time, for their own safety, would now potentially be exposed to others they were intending to avoid.
SB 702’s cross-file, HB 647, was heard on March 4 in the House Judiciary Committee. Sarah Sample testified in opposition to this bill.
More on MACo’s Advocacy:
