Bill Summary – FastDemocracy

67th Legislature                                                                                                       HB 658.1
                                                     HOUSE BILL NO. 658
        INTRODUCED BY G. FRAZER, D. BEDEY, M. BERTOGLIO, E. BUTTREY, W. GALT, F. GARNER, J.
        GILLETTE, S. GREEF, L. JONES, K. KELKER, E. KERR-CARPENTER, D. LOGE, B. MITCHELL, M.
         NOLAND, S. NOVAK, J. PATELIS, B. PHALEN, B. PUTNAM, L. REKSTEN, T. RUNNING WOLF, L.
                                  SHELDON-GALLOWAY, M. STROMSWOLD, J. TREBAS
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO RESTRICTIVE HOUSING;
   REVISING WHEN AN INMATE IN A RESTRICTIVE HOUSING UNIT MUST RECEIVE CERTAIN
   APPRAISALS; REVISING WHEN INFORMATION OBTAINED DURING AN APPRAISAL MAY BE
   DISSEMINATED; REVISING DEFINITIONS; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 53-
   30-702 AND 53-30-708, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 53-30-702, MCA, is amended to read:
              "53-30-702. Definitions. As used in this part, the following definitions apply:
              (1)   "Administrative segregation" means a nonpunitive housing status for inmates whose continued
   presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the
   facility's security or orderly operation.
              (2)   "Administrator" means the official, regardless of local title, who is ultimately responsible for the
   operation and management of a division, facility, or program.
              (3)   "Department" means the department of corrections provided for in 2-15-2301.
              (4)   "Disability" means a physical or mental impairment that substantially limits one or more of a
   person's major life activities, a person who has a record of such an impairment, or a person who is regarded as
   having such an impairment.
              (5)   "Disciplinary detention" means a form of separation from the general population in which an
   inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a
   disciplinary committee or other authorized group for short periods of time.
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67th Legislature                                                                                                       HB 658.1
              (6)   "Facility" means a state prison defined in 53-30-101(3)(c)(i) through (3)(c)(iii) and (3)(c)(v) or a
   youth correctional facility pursuant to 52-5-101.
              (7)   "Mental disorder" means exhibiting impaired emotional, cognitive, or behavioral functioning that
   interferes seriously with an individual's ability to function adequately except with supportive treatment or
   services. The individual also must:
              (a)   currently have or have had within the past year a diagnosed mental disorder; and
              (b)   currently exhibit significant signs and symptoms of a mental disorder.
              (8)   "Postpartum" means the first 6 weeks after delivery.
              (9)   "Prehearing confinement" means a short-term, nonpunitive housing status that is used to safely
   and securely control high-risk or at-risk inmates.
              (10) "Protective custody" means a form of separation from the general population for an inmate who
   requests or requires protection from other inmates for reasons of health or safety.
              (11) "Qualified mental health professional" includes psychiatrists, psychologists, psychiatric social
   workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education,
   credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients.
              (12) "Restrictive housing" means a placement that requires an inmate to be confined to a cell for at
   least 22 hours a day for the safe and secure operation of the facility. The term includes administrative
   segregation, protective custody, and disciplinary detention if the conditions of confinement require inmates to
   be confined to a cell for at least 22 hours a day.
              (13) (a) "Severe mental illness" means a substantial organic or psychiatric disorder of thought, mood,
   perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the
   basic demands of life.
              (b)   Intellectual disability, epilepsy, other developmental disabilities, alcohol or substance abuse, or
   brief periods of intoxication or criminal behavior do not alone constitute severe mental illness. The individual
   must also:
              (i)   currently have or have had within the past year a diagnosed mental disorder; and
              (ii) currently exhibit significant signs and symptoms of a mental disorder.
              (13)(14) "Step-down program" means an individualized program that includes a system of review and
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67th Legislature                                                                                                    HB 658.1
   establishes criteria to prepare an inmate for transition to the general population or the community and that
   involves a coordinated, multidisciplinary team approach that includes mental health, case management, and
   security practitioners.
              (14)(15) "Temporary confinement" has the same meaning as "prehearing confinement" as defined in
   this section."
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              Section 2. Section 53-30-708, MCA, is amended to read:
              "53-30-708. Mental health status review. (1) When a housing or management unit exists for adult or
   youth inmates with mental health issues, a mental disorder, or mental illness, procedures adopted pursuant to
   53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and
   scheduled case reviews by qualified mental health professionals in accordance with policies established by the
   department.
              (2)   Upon notification that an inmate has been placed in restrictive housing, a qualified health care
   professional will review the inmate's health record. If an existing medical, mental health, or dental need requires
   accommodation, custody staff must be notified.
              (3)   When reviewing the health records of an inmate with a mental disorder, health staff shall assess
   the risk of exacerbation of mental disorder and who has been placed in restrictive housing, a qualified health
   care professional shall notify mental health staff. This review and notification must be documented in the
   inmate's health record.
              (3)(4)   The procedures established pursuant to 53-30-703(7) must provide that an inmate entering
   restrictive housing must be seen and assessed by a qualified mental health professional or health care
   professional, in accordance with the national commission on correctional health care standards. Each contact
   must be documented on in the inmate's log record, and the notation must contain, at a minimum, a status report
   and the date and time of the contact. Individual logs documentation must be filed in the inmate's medical and
   mental health records.
              (4)(5)   A qualified mental health professional shall complete a mental health appraisal within 72 hours
   of the period set by American correctional association standards after an inmate's placement in restrictive
   housing. The appraisal may include a mental health screening review that has been completed by health care
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67th Legislature                                                                                                 HB 658.1
   personnel at the time the inmate is placed in restrictive housing. If confinement continues beyond 30 days, a
   qualified mental health professional shall complete a behavioral health assessment at least every 14 days an
   updated mental health appraisal with the frequency set by American correctional association standards for an
   inmate with a diagnosed behavioral or mental health disorder and more frequently if clinically indicated. For an
   inmate without a behavioral mental health disorder, the assessment appraisal must be completed every 14
   days with the frequency set by American correctional association standards and more frequently if clinically
   indicated. The behavioral mental health assessment appraisal must be conducted in a manner that ensures
   confidentiality. Dissemination of any information obtained in the mental health appraisal must be for the limited
   purpose of institutional safety and security.
              (5)(6)   An inmate diagnosed with a serious severe mental disorder illness may not be placed in
   restrictive housing for more than 14 days unless a multidisciplinary service team determines there is an
   immediate and present danger to others or to the safety of the institution. If an inmate with a serious severe
   mental disorder illness is placed in restrictive housing, the inmate must be provided with an active individualized
   treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to
   facilitate the transition of the inmate back into the general population."
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              NEW SECTION. Section 3.       Appropriation. There is appropriated from the general fund $900 to the
   department of corrections for the biennium beginning July 1, 2021, for the purposes of installing an additional
   camera in the restrictive housing unit at the Montana state prison.
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              NEW SECTION. Section 4.       Effective date. [This act] is effective July 1, 2021.
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Statutes affected: 
HB0658_1.pdf: 53-30-702, 53-30-708
HB0658_X.pdf: 53-30-702, 53-30-708
Enrolled: 53-30-702, 53-30-708
Introduced: 53-30-702, 53-30-708