MACo Addresses Practical Challenges To Proposed Restrictive Housing Updates

On February 25, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in opposition to SB 908 – Correctional Services – Restrictive Housing.

The bill changes the definition of restrictive housing to be placement in an individual cell for “20 hours or more in a 24-hour period of time.” This new definition would shift the threshold from the current 22 hours to 20 hours.

While well-intended, this change would impose significant operational, staffing, space, and fiscal demands on smaller county facilities that lack the scale and infrastructure of large state-run institutions. Without corresponding capital investments and staffing support, the bill risks undermining facility safety, exposing jurisdictions to liability, and limiting wardens’ ability to protect both staff and incarcerated individuals.

From MACo Testimony: 

Proper protocols currently accompany decisions regarding restrictive housing. Additional provisions, like those proposed in the bill, should be at least possible and not supersede the authority of a warden to maintain order, particularly when trying to protect those who would do harm and those in harm’s way. The restrictions in this bill would make that nearly impossible and almost certainly would have an adverse effect on staff safety and retention.

SB 908’s cross-file, HB 1154, was heard on February 26 in the Government, Labor, and Elections Committee. Sarah Sample testified in opposition to this bill.

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