Existing law prohibits the Department of Corrections and private facilities and institutions from placing an offender in disciplinary segregation or subjecting or assigning an offender to solitary confinement unless certain procedures are followed. (NRS 209.369) Sections 5-7 and 10 of this bill define certain terms, including “solitary confinement,” for purposes relating to the housing of offenders. Section 13 of this bill makes a conforming change to indicate the proper placement of sections 5-7 and 10 in the Nevada Revised Statutes. Section 13.5 of this bill makes a conforming change relating to the application of the definitions in sections 5-7 and 10 to the entire chapter of NRS. Section 12 of this bill requires the Director of the Department to adopt regulations governing the use of solitary confinement to provide that solitary confinement may only be used as a last resort, in the least restrictive manner and for the shortest period of time safely possible. Section 12.3 of this bill prohibits, with certain exceptions, the Department from placing an offender in solitary confinement: (1) for a period which exceeds 15 consecutive days; (2) within 90 days of the date on which the offender is projected to be released from the custody of the Department; or (3) if the offender has a serious mental illness or other significant mental impairment, unless a provider of health care orders such confinement. Section 12.3 authorizes the Department to remove an offender from solitary confinement at any time if the offender has demonstrated good behavior. Section 12.3 requires that an offender placed in solitary confinement: (1) is afforded certain privileges; and (2) receives a health and welfare check at his or her cell by a provider of health care at least once each day. Section 14 of this bill makes a conforming change by removing duplicative language relating to the placement of an offender who has a serious mental illness or other significant mental impairment in solitary confinement under certain circumstances and the requirement that a health and welfare check is made for each offender placed in solitary confinement. Section 12.5 of this bill requires a multidisciplinary team to submit a report to the Director within 24 hours after making the determination to continue solitary confinement if an offender is kept in solitary confinement for more than 15 days. Section 12.5 additionally requires any meetings or discussions regarding the review of an offender pursuant to section 12.5 to be recorded in writing or otherwise documented and kept by the Department for at least 1 year. Section 12.5 also prescribes certain procedures relating to the removal of an offender from solitary confinement, including, without limitation, a requirement for a multidisciplinary team, before an offender is removed from solitary confinement, to conduct a review of each offender and develop an individualized treatment plan for the offender. Section 12.5 defines a “multidisciplinary team” as a team that consists of: (1) a correctional officer who works in the housing unit to which the offender is assigned; (2) a mental health clinician; (3) a case worker; (4) a correctional supervisor; (5) an associate warden; and (6) any other staff member deemed necessary by the Director. Existing law authorizes the Director to develop and implement, in each institution or facility of the Department, a program of facility training for correctional staff. (NRS 209.1315) Section 13.3 of this bill requires the Director to develop and implement certain training for staff who work in units used for solitary confinement. Section 14 of this bill requires the Department to submit a report on or before December 31 of each year concerning the use of solitary confinement by the Department and private facilities and institutions to the Joint Interim Standing Committee on the Judiciary, if the report is submitted in an odd-numbered year, or to the Legislature, if the report is submitted in an even-numbered year. The report must contain, without limitation: (1) the number of offenders placed in solitary confinement; (2) the periods of time, and the number of offenders for each such period, for which offenders were placed in solitary confinement; and (3) the number of offenders who were placed in solitary confinement for a period of more than 15 days and a summary of the reasons for such placement. Section 14 additionally requires that an offender, while subject to disciplinary segregation, be allowed either visitation or access to a telephone. Section 14 also removes certain provisions relating to the length of stay of offenders placed in disciplinary segregation and, instead, with certain exceptions, limits the maximum number of days that an offender may be placed in disciplinary segregation to not more than 15 consecutive days.

Statutes affected:
As Introduced: 209.011, 209.369
Reprint 1: 209.011, 209.1315, 209.249, 209.369
Reprint 2: 209.011, 209.1315, 209.249, 209.369
As Enrolled: 209.011, 209.1315, 209.249, 209.369
BDR: 209.011, 209.369