BOC REVERSES COURSE: Allows Solitary Stays for over 60 days in Some Circumstances

16 Dec BOC REVERSES COURSE: Allows Solitary Stays for over 60 days in Some Circumstances

The Board Voted to Increase in Punitive Segregation Sentences for Serious Assault on Staff –

Standard § 1-17 (d)(1) includes an exception to the 30 day limit on punitive segregation sentences for “a serious assault on staff as described in paragraph (4) of this subdivision.”

Standard § 1-17 (d)(2) includes an exception to the 7 days out of punitive segregation after serving 30 days in punitive segregation. The exception is “where an inmate is serving a punitive segregation sentence for a serious assault on staff as described in paragraph (4) of this subdivision.”

Standard § 1-17 (d)(4) defines the serious assault on staff that may result in a sentence of up to 60 days in punitive segregation as “an assault on staff that causes staff to suffer one or more serious injuries, as listed under the Department’s definition of “A” Use of Force incidents.”

o Standard § 1-17 (d)(4)(i) requires that the Chief of Department or a designee approve or disapprove, in writing, any sentence for assault on staff that is more than 30 days. The written approval or disapproval must be sent immediately to the Board and the relevant Correctional Health Authority.

o Standard § 1-17 (d)(4)(ii) includes the exception to the 30 day rule – an inmate serving a punitive segregation sentence for a serious assault on staff is not required to be released for 7 days after serving 30 days

o Standard § 1-17 (d)(4)(iii) requires a review after 45 days when an inmate is in punitive segregation for a serious assault on staff for longer than 45 days. The Chief or a designee is required to review the sentence and placement in punitive segregation. The review is to determine “whether the inmate could safely be placed in an available alternative housing unit for the remainder of the sentence.” The decision must be in writing and include the supporting reasoning. The written decision must be immediately sent to the inmate, the Board and the Correctional Health Authority.

The BOC voted to Approve an Exception to the Limit of 60 days Punitive Segregation in any 6 Month Period

Standard § 1-17 (d)(3) provides that a person may be held in punitive segregation for longer than 60 days in any 6 month period when the person has continued to engage in persistent, serious acts of violence, other than self-harm” and placement anywhere else “would endanger inmates or staff.”

o Standard § 1-17 (d)(3)(i) grants the Department permission to hold the person in punitive segregation after the 60 days have elapsed.

o Standard § 1-17 (d)(3)(ii) requires that such extensions are approved by the Chief of Department in writing. The writing must include: “(1) the reasons why placement in a less restrictive setting has been deemed inappropriate or unavailable, and (2) why retaining the inmate in punitive segregation is necessary to ensure the safety of inmates or staff. “

o Standard § 1-17 (d)(3)(iii) requires that the written approval by the Chief is immediately provided to the Board and the “relevant Correctional Health Authority.”

Download and read the entire minutes from the December 16, 2015 BOC meeting in which these Rule Changes INCREASING the Limits under which detainees may be held in Solitary Confinement or other Restrictive Units here: BOCMinutes_20151216