1756-S2 AMH JACO HARO 585

2SHB 1756 - H AMD 881

By Representative Jacobsen

On page 13, line 4, after "basis" insert ", from July 1, 2022,"

On page 13, line 10, after "confinement" strike ", the" and insert ":

(i) Whether the imposition of solitary confinement was the result of disciplinary segregation, administrative segregation, or protective custody;

(ii) The"

On page 13, line 11, after "confinement" strike ", whether" and insert ";

(iii) Whether"

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(iv) For disciplinary segregations, whether a due process hearing was conducted and the results;

(v) Whether"

On page 13, beginning on line 14, after "documented" strike ", and whether" and insert "; and

(vi) Whether"

On page 13, line 15, after "afforded" strike "full" and insert "meaningful"

On page 13, beginning on line 21, after "section" strike all material through "lockdown" on line 24 and insert ":

(a) "Administrative segregation" means the imposition of solitary confinement as a non-punitive measure for incarcerated persons who are prone to escape, assault correctional facility staff or other incarcerated persons, are a threat to themselves, or are in need of medical isolation or infirmary status;

(b) "Disciplinary segregation" means the imposition of solitary confinement as the result of a disciplinary hearing in which the incarcerated person has been found to be in violation of a facility rule or state or federal law and this status results in separating the incarcerated person from the rest of the corrections facility population to serve the consequence imposed;

(c) "Protective custody" means the imposition of solitary confinement as a non-punitive measure, either requested or required, to ensure an incarcerated person’s safety; and

(d) "Solitary confinement" means the confinement of an incarcerated person in a corrections facility housed alone in a cell or similarly confined holding facility or living space pursuant to disciplinary segregation, administrative segregation, or protective custody. Solitary confinement does not include confinement due to a facility-wide or unit-wide lockdown that is required to ensure the safety of incarcerated persons or staff or confinement due to quarantine or isolation measures undertaken in response to a public health crisis or declared state of emergency"

EFFECT: Makes the following changes to the provisions requiring jails to collect and report specified data about the use of solitary confinement:

redefines solitary confinement to mean circumstances in which a person is housed alone pursuant to disciplinary segregation, administrative segregation, or protective custody, and excludes confinement due to quarantine or isolation in response to a public health crisis or state of emergency;

requires jails to collect data regarding whether the imposition of solitary confinement was the result of disciplinary segregation, administrative segregation, or protective custody, and for disciplinary segregation, whether a due process hearing was conducted and the results of the hearing;

modifies the requirement to collect data relating to access to education, programming, and ordinary necessities while in solitary confinement to refer to meaningful access, rather than full access; and

Specifies that the obligation to collect data begins on July 1, 2022.

Adds subsections for clarity.

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