MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Corrections
By: Representative Osborne
AN ACT TO CREATE THE "SOLITARY CONFINEMENT REFORM ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO LIMIT THE PLACEMENT OF INMATES IN SOLITARY CONFINEMENT IF SUCH INMATES WHO ARE INCARCERATED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; TO LIMIT THE USE OF SOLITARY CONFINEMENT FOR INMATES WHO HAVE UPCOMING RELEASE DATES; TO REQUIRE THE DEPARTMENT TO PROVIDE CERTAIN PROTECTIVE CUSTODY UNITS; TO PROVIDE THAT THE DEPARTMENT SHALL NOT PLACE VULNERABLE POPULATIONS IN SOLITARY CONFINEMENT IN MOST INSTANCES; TO REQUIRE THE DEPARTMENT TO PROVIDE SPECIAL HOUSING UNITS UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE THE DEPARTMENT TO PROVIDE SPECIAL MANAGEMENT UNITS TO LIMIT SEGREGATION FOR CERTAIN INMATES; TO REQUIRE THE DEPARTMENT TO PROVIDE ADMINISTRATIVE MAXIMUM FACILITIES FOR INMATES WHO REQUIRE LIMITED SEGREGATION UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE COMMISSIONER SHALL PROVIDE CERTAIN NOTICE TO INMATES CONCERNING PLACEMENT IN SOLITARY CONFINEMENT; TO PROVIDE THAT THOSE INMATES WHO ARE PLACED IN SOLITARY CONFINEMENT SHALL RECEIVE CERTAIN MENTAL HEALTH CARE FOR INMATES; TO REQUIRE EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH INMATES SHALL RECEIVE CERTAIN TRAINING; TO REQUIRE THE DEPARTMENT TO HAVE AN OFFICE OF THE CIVIL RIGHTS OMBUDSMAN; TO REQUIRE THE DEPARTMENT TO REASSESS THE PLACEMENT OF INMATES ACCORDING TO THIS ACT AFTER A CERTAIN PERIOD; TO REQUIRE CERTAIN DATA TRACKING REGARDING THE USE OF SOLITARY CONFINEMENT BY THE DEPARTMENT; TO REQUIRE THE DEPARTMENT TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF ESTABLISHING A RESOURCE CENTER ON SOLITARY CONFINEMENT REDUCTION AND REFORM CENTER IN ORDER TO REDUCE THE USE OF SOLITARY CONFINEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short Title.
This act shall be known and may be cited as the "Solitary Confinement Reform Act."
SECTION 2. Definitions.
For purposes of this act, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Administrative maximum facility" means a maximum security facility, including the administrative maximum facility in Walnut Grove, Mississippi, designed to house inmates who present an ongoing significant and serious threat to other inmates, staff and the public.
(b) "Administrative segregation" means a nonpunitive form of solitary confinement that removes an individual from the general population of a correctional facility for:
(i) Investigative, protective, or preventative reasons resulting in a substantial and immediate threat; or
(ii) Transitional reasons, including a pending transfer, pending classification, or other temporary administrative matter.
(c) "Appropriate level of care" means the appropriate treatment setting for mental health care that an inmate with mental illness requires, which may include outpatient care, emergency or crisis services, day treatment, supported residential housing, infirmary care, or inpatient psychiatric hospitalization services.
(d) "Commissioner" means the Commissioner of the Mississippi Department of Corrections.
(e) "Disciplinary hearing officer" means an employee of the Mississippi Department of Corrections or an independent hearing officer who is responsible for conducting disciplinary hearings for which solitary confinement may be a sanction.
(f) "Disciplinary segregation" means a punitive form of solitary confinement imposed only by a disciplinary hearing officer as a sanction for committing a significant and serious disciplinary infraction.
(g) "Intellectual disability" means a significant mental impairment characterized by significant limitations in both intellectual functioning and in adaptive behavior.
(h) "Multidisciplinary staff committee" means a committee:
(i) Made up of staff at the facility where an inmate resides who are responsible for reviewing the initial placement of the inmate in solitary confinement and any extensions of time in solitary confinement; and
(ii) Which shall include:
1. Not less than one (1) licensed mental health professional;
2. Not less than one (1) medical professional; and
3. Not less than one (1) member of the leadership of the facility.
(i) "Ongoing significant and serious threat" means an ongoing set of circumstances that require the highest level of security and staff supervision for an inmate who, by the behavior of the inmate:
(i) Has been identified as assaultive, predacious, riotous or a serious escape risk; and
(ii) Poses a great risk to other inmates, staff and the public.
(j) "Protection case" means an inmate who, by the request of the inmate or through a staff determination, requires protection, as described by Section 541.23(c)(3) of Title 28, Code of Federal Regulations or regulations of the Mississippi Department of Corrections, or any successor thereto.
(k) "Serious mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality or ability to cope with the ordinary demands of life.
(l) "Significant and serious disciplinary infraction" means:
(i) An act of violence that either:
1. Resulted in or was likely to result in serious injury or death to another; or
2. Occurred in connection with any act of nonconsensual sex;
(ii) An escape, attempted escape, or conspiracy to escape from within a security perimeter or custody, or both; or
(iii) Possession of weapons, possession of illegal narcotics with intent to distribute, or other similar, severe threats to the safety of the inmate, other inmates, staff or the public.
(m) "Solitary confinement" means confinement characterized by substantial isolation in a cell, alone or with other inmates, including administrative segregation, disciplinary segregation, and confinement in any facility designated by the Mississippi Department of Corrections as a special housing unit, special management unit or administrative maximum facility.
(n) "Special administrative measures" means reasonably necessary measures used to protect persons against the risk of death or serious bodily injury, upon written notification to the commissioner by a district attorney, or at the Mississippi Attorney General's direction, by the head of any law enforcement agency, or any law enforcement official that there is a substantial risk that the communications of an inmate or contacts by the inmate with other persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to any persons.
(o) "Special housing unit" means a housing unit in an institution of the Mississippi Department of Corrections in which inmates are securely separated from the general inmate population for disciplinary or administrative reason.
(p) "Special management unit" means a nonpunitive housing program with multiple, step-down phases for inmates whose history, behavior, or situation requires enhanced management approaches in order to ensure the safety of other inmates, the staff and the public.
(q) "Substantial and immediate threat" means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the safety of an inmate, other inmates, staff or the public.
SECTION 3. Use of solitary confinement.
The placement of an inmate in solitary confinement within the Mississippi Department of Corrections or any facility that contracts with the Mississippi Department of Corrections to provide housing for inmates in state or local custody shall be limited to situations in which such confinement:
(a) Is limited to the briefest term and the least restrictive conditions practicable, including not less than four (4) hours of out-of-cell time every day, unless the inmate poses a substantial and immediate threat;
(b) Is consistent with the rationale for placement and with the progress achieved by the inmate;
(c) Allows the inmate to participate in meaningful programming opportunities and privileges as consistent with those available in the general population as practicable, either individually or in a classroom setting;
(d) Allows the inmate to have as much meaningful interaction with others, such as other inmates, visitors, clergy, or licensed mental health professionals, as practicable; and
(e) Complies with the provisions of this section.
SECTION 4. Inmates with upcoming release dates.
(1) The commissioner shall establish the following for inmates with upcoming release dates:
(a) Policies to ensure that an inmate with an anticipated release date of one hundred eighty (180) days or less is not housed in solitary confinement, unless:
(i) Such confinement is limited to not more than five (5) days of administrative segregation relating to the upcoming release of the inmate; or
(ii) The inmate poses a substantial and immediate threat; and
(b) A transitional process for each inmate with an anticipated release date of one hundred eighty (180) days or less who is held in solitary confinement under this section, which shall include:
(i) Substantial re-socialization programming in a group setting;
(ii) Regular mental health counseling to assist with the transition; and
(iii) Re-entry planning services offered to inmates in a general population setting.
(2) The commissioner shall establish a transitional process for each inmate who has been held in solitary confinement for more than thirty (30) days and who will transition into a general population unit, which shall include:
(a) Substantial re-socialization programming in a group setting; and
(b) Regular mental health counseling to assist with the transition.
SECTION 5. Protective custody units.
The commissioner shall:
(a) Shall establish within the Mississippi Department of Corrections system additional general population protective custody units that provide sheltered general population housing to protect inmates from harm that they may otherwise be exposed to in a typical general population housing unit;
(b) Shall establish policies to ensure that an inmate who is considered a protection case shall, upon request of the inmate, be placed in a general population protective custody unit;
(c) Shall create an adequate number of general population protective custody units to:
(i) Accommodate the requests of inmates who are considered to be protection cases; and
(ii) Ensure that inmates who are considered to be protection cases are placed in facilities as close to their homes as practicable; and
(d) May not place an inmate who is considered to be a protection case in solitary confinement due to the status of the inmate as a protection case unless:
(i) The inmate requests to be placed in solitary confinement, in which case, at the request of the inmate the inmate shall be transferred to a general population protective custody unit or, if appropriate, a different general population unit; or
(ii) Such confinement is limited to:
1. Not more than five (5) days of administrative segregation; and
2. Is necessary to protect the inmate during preparation for transfer to a general population protective custody unit or a different general population unit.
SECTION 6. Vulnerable populations.
The Mississippi Department of Corrections or any facility that contracts with the Mississippi Department of Corrections shall not place an inmate in solitary confinement if:
(a) The inmate has a serious mental illness, has an intellectual disability, has a physical disability that a licensed medical professional finds is likely to be exacerbated by placement in solitary confinement, is pregnant or in the first eight (8) weeks of the postpartum recovery period after giving birth, or has been determined by a licensed mental health professional to likely be significantly adversely affected by placement in solitary confinement, unless:
(i) The inmate poses a substantial and immediate threat;
(ii) All other options to de-escalate the situation have been exhausted, including less restrictive techniques such as:
1. Penalizing the inmate through loss of privileges;
2. Speaking with the inmate in an attempt to de-escalate the situation; and
3. A licensed mental health professional providing an appropriate level of care;
(iii) Such confinement is limited to the briefest term and the least restrictive conditions practicable, including access to medical and mental health treatment;
(iv) Such confinement is reviewed by a multidisciplinary staff committee for appropriateness every twenty-four (24) hours; and
(v) As soon as practicable, but not later than five (5) days after such confinement begins, the inmate is diverted, upon release from solitary confinement, to:
1. A general population unit;
2. A protective custody unit described in Section 3 of this act; or
3. A mental health treatment program as described in this subsection;
(b) The inmate is lesbian, gay, bisexual, transgender (as defined in Section 115.5 of Title 28, Code of Federal Regulations, or any successor thereto), intersex (as defined in Section 115.5 of Title 28, Code of Federal Regulations, or any successor thereto), or gender nonconforming (as defined in Section 115.5 of Title 28, Code of Federal Regulations, or any successor thereto), when such placement is solely on the basis of such identification or status; or
(c) The inmate is HIV positive, if the placement is solely on the basis of the HIV positive status of the inmate.
SECTION 7. Special housing units.
The commissioner shall:
(a) Limit administrative segregation as follows:
(i) To situations in which such segregation is necessary to:
1. Control a substantial and immediate threat that cannot be addressed through alternative housing; or
2. Temporarily house an inmate pending transfer, pending classification, or pending resolution of another temporary administrative matter; and
3. To a duration of not more than fifteen (15) consecutive days, and not more than twenty (20) days in a sixty-day period, unless:
a. The inmate requests to remain in administrative segregation under Section 5(d)(i); or
b. In order to address the continued existence of a substantial and immediate threat, a multidisciplinary staff committee approves a temporary extension, which:
A. May not be longer than fifteen (15) days; and
B. Shall be reviewed by the multidisciplinary staff committee every three (3) days during the period of the extension, in order to confirm the continued existence of the substantial and immediate threat;
(b) Limit disciplinary segregation to the following:
(i) To situations in which such segregation is necessary to punish an inmate who has been found to have committed a significant and serious disciplinary infraction by a disciplinary hearing officer and alternative sanctions would not adequately regulate the behavior of the inmate; and
(ii) To a duration of not more than thirty (30) consecutive days, and not more than forty (40) days in a sixty-day period, unless a multidisciplinary staff committee, in consultation with the disciplinary hearing officer who presided over the inmate's disciplinary hearing, determines that the significant and serious disciplinary infraction of which the inmate was found guilty is of such an egregious and violent nature that a longer sanction is appropriate and approves a longer sanction, which:
1. May be not more than sixty (60) days in a special housing unit if the inmate has never before been found guilty of a similar significant and serious disciplinary infraction; or
2. May be not more than ninety (90) days in a special housing unit if the inmate has previously been found guilty of a similar significant and serious disciplinary infraction;
(c) Ensure that any time spent in administrative segregation during an investigation into an alleged offense is credited as time served for a disciplinary segregation sentence;
(d) Ensure that concurrent sentences are imposed for disciplinary violations arising from the same episode; and
(e) Ensure that an inmate may be released from disciplinary segregation for good behavior before completing the term of the inmate, unless the inmate poses a substantial and immediate threat to the safety of other inmates, staff, or the public.
SECTION 8. Special management units.
The commissioner shall do the following:
(a) Limit segregation in a special management unit to situations in which such segregation is necessary to temporarily house an inmate whose history, behavior, or circumstances require enhanced management approaches that cannot be addressed through alternative housing;
(b) Evaluate whether further reductions to the minimum and maximum number of months an inmate may spend in a special management unit are appropriate on an annual basis;
(c) Ensure that each inmate understands the status of the inmate in the special management unit program and how the inmate may progress through the program; and
(d) Further reduce the minimum and maximum number of months an inmate may spend in a special management unit if the commissioner determines such reductions are appropriate after evaluations are performed under paragraph (b).
SECTION 9. Administrative maximum facilities.
The commissioner shall do the following:
(a) Limit segregation in an administrative maximum facility to situations in which such segregation is necessary to:
(i) Implement special administrative measures, as directed by medical or mental health professionals; or
(ii) House an inmate who poses an ongoing significant and serious threat to the safety of other inmates, staff, or the public that cannot be addressed through alternative housing; and
(b) Issue final approval of referral of any inmate who poses an ongoing significant and serious threat for placement in an administrative segregated housing or facility.
SECTION 10. Right to review placement in solitary confinement.
The commissioner shall ensure that each inmate placed in solitary confinement has access to the following:
(a) Written notice thoroughly detailing the basis for placement or continued placement in solitary confinement not later than six (6) hours after the beginning of such placement, including:
(i) Thorough documentation explaining why such confinement is permissible and necessary under Section 3; and
(ii) If an exception under paragraph Section 3 is used to justify placement in solitary confinement or to justify increased restrictive conditions in solitary confinement, thorough documentation explaining why such an exception applied;
(b) A timely, thorough, and continuous review process that:
(i) Occurs within not less than three (3) days of placement in solitary confinement, and thereafter at least:
1. On a weekly basis for inmates in special housing units;
2. On a monthly basis for inmates in special management units; and
3. On a monthly basis for inmates at an administrative maximum facility;
(ii) Includes private, face-to-face interviews with a multidisciplinary staff committee; and
(iii) Examines whether:
1. Placement in solitary confinement was and remains necessary;
2. The conditions of confinement comply with this section; and
3. Whether any exception under Section 3 is used to justify placement in solitary confinement or to justify increased restrictive conditions in solitary confinement was and remains warranted;
(c) A process to appeal the initial placement or continued placement of the inmate in solitary confinement;
(d) Prompt and timely written notice of the appeal procedures to the inmate and his/her legal counsel if represented by an attorney; and
(e) Copies of all documents, files, and records relating to the inmate's placement in solitary confinement, unless such documents contain contraband, classified information, or sensitive security-related information.
SECTION 11. Mental health care for inmates in solitary confinement.
(1) Not later than six (6) hours after an inmate in the custody of the Mississippi Department of Corrections or any facility that contracts with the Mississippi Department of Corrections to provide housing for inmates in state or local custody is placed in solitary confinement, the inmate shall receive a comprehensive, face-to-face mental health evaluation by a licensed mental health professional in a confidential setting.
(2) An inmate diagnosed with a serious mental illness after an evaluation required under subsection (1) of this section:
(a) Shall not be placed in solitary confinement; and
(b) May be diverted to a mental health treatment program within the Bureau of Prisons that provides an appropriate level of care to address the inmate's mental health needs.
(3) After each fourteen-calendar-day period an inmate is held in continuous placement in solitary confinement the following shall occur:
(a) A licensed mental health professional shall conduct a comprehensive, face-to-face, out-of-cell mental health evaluation of the inmate in a confidential setting; and
(b) The director shall adjust the placement of the inmate in accordance with this subsection.
(4) The commissioner shall operate mental health treatment programs in order to ensure that inmates of all security levels with serious mental illness have access to an appropriate level of care.
SECTION 12. Training for Mississippi Department of Corrections Staff.
(1) All employees of the Mississippi Department of Corrections or any facility that contracts with the Mississippi Department of Corrections to provide housing for inmates in state or local custody who interact with inmates on a regular basis shall be required to complete training in:
(a) The recognition of symptoms of mental illness;
(b) The potential risks and side effects of psychiatric medications;
(c) De-escalation techniques for safely managing individuals with mental illness;
(d) Consequences of untreated mental illness;
(e) The long- and short-term psychological effects of solitary confinement; and
(f) De-escalation and communication techniques to divert inmates from situations that may lead to the inmate being placed in solitary confinement.
(2) An employee of the Mississippi Department of Corrections shall immediately notify a member of the medical or mental health staff if the employee:
(a) Observes an inmate with signs of mental illness, unless such employee has knowledge that the inmate's signs of mental illness have previously been reported; or
(b) Observes an inmate with signs of mental health crisis.
SECTION 13. Civil rights ombudsman.
(1) Within the Mississippi Department of Corrections, there shall be a position of the civil rights ombudsman (referred to in this section as the "ombudsman") and an Office of the Civil Rights Ombudsman.
(2) The ombudsman shall be appointed by the Mississippi Attorney General and shall report directly to the commissioner. The ombudsman shall have a background in corrections and civil rights and shall have expertise on the effects of prolonged solitary confinement.
(3) The commissioner shall ensure that each Mississippi Department of Corrections facility or any facility that contracts with the Department of Corrections provides multiple internal ways for inmates and others to promptly report civil rights violations and violations of this section to the ombudsman, including:
(a) Not less than two (2) procedures for inmates and others to report civil rights violations and violations of this section to an entity or office that is not part of the facility, and that is able to receive and immediately forward inmate reports to the ombudsman, allowing the inmate to remain anonymous upon request; and
(b) Not less than two (2) procedures for inmates and others to report civil rights abuses and violations of this section to the ombudsman in a confidential manner, allowing the inmate to remain anonymous upon request.
(4) The commissioner shall ensure that each Mississippi Department of Corrections facility or any facility that contracts with the Mississippi Department of Corrections provides inmates with the following:
(a) Notice of how to report civil rights violations and violations of this section in accordance with subsection (3), including:
(i) Notice prominently posted in the living and common areas of each such facility;
(ii) Individual notice to inmates at initial intake into the Mississippi Department of Corrections, when transferred to a new facility, and when placed in solitary confinement;
(iii) Notice to inmates with disabilities in accessible formats; and
(iv) Written or verbal notice in a language the inmate understands; and
(b) Notice of permissible practices related to solitary confinement in the Mississippi Department of Corrections, including the requirements of this section.
(5) The ombudsman shall:
(a) Review all complaints the ombudsman receives;
(b) Investigate all complaints that allege a civil rights violation or violation of this section;
(c) Refer all possible violations of law to the Mississippi Attorney General;
(d) Refer to the commissioner allegations of misconduct involving Mississippi Department of Corrections staff;
(e) Identify areas in which the commissioner can improve the Mississippi Department of Corrections' policies and practices to ensure that the civil rights of inmates are protected;
(f) Identify areas in which the commissioner can improve the Mississippi Department of Corrections to mitigate problems and address issues the ombudsman identifies, regarding the abuse of solitary confinement policies and practices to reduce the use of solitary confinement; and
(g) Propose changes to the policies and practices of the Mississippi Department of Corrections.
(6) The ombudsman shall have unrestricted access to Mississippi Department of Corrections facilities and any facility that contracts with the Mississippi Department of Corrections and shall be able to speak privately with inmates and staff.
(7) (a) Not later than December 31 of each year, the ombudsman shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the activities of the Office of the Ombudsman for the fiscal year ending in such calendar year.
(b) Each report submitted under paragraph (a) shall:
(i) Contain full and substantive analysis, in addition to statistical information;
(ii) Identify the recommendations the Office of the Ombudsman has made on addressing reported civil rights violations and violations of this section and reducing the use and improving the practices of solitary confinement in the Mississippi Department of Corrections;
(iii) Contain a summary of problems relating to reported civil rights violations and violations of this section, including a detailed description of the nature of such problems and a breakdown of where the problems occur among Mississippi Department of Corrections facilities and facilities that contract with the Mississippi Department of Corrections;
(iv) Contain an inventory of the items described in subparagraphs (ii) and (iii) for which action has been taken and the result of such action;
(v) Contain an inventory of the items described in subparagraphs (ii) and (iii) for which action remains to be completed and the period during which each item has remained on such inventory;
(vi) Contain an inventory of the items described in subparagraphs (ii) and (iii) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Mississippi Department of Corrections who is responsible for such inaction;
(vii) Contain recommendations for such legislative or administrative action as may be appropriate to resolve problems identified in subparagraph (iii); and
(viii) Include such other information as the ombudsman determines necessary.
(c) Each report required under this paragraph shall be provided directly to the committees described in paragraph (a) without any prior review, comment, or amendment from the commissioner or any other officer or employee of the Mississippi Department of Corrections.
(8) The ombudsman shall meet regularly with the commissioner to identify problems with reported civil rights violations and the solitary confinement policies and practices of the Mississippi Department of Corrections, including overuse of solitary confinement, and to present recommendations for such administrative action as may be appropriate to resolve problems relating to reported civil rights violations and the solitary confinement policies and practices of the Mississippi Department of Corrections.
(9) The commissioner shall establish procedures requiring that, not later than three (3) months after the date on which a recommendation is submitted to the commissioner by the ombudsman, the commissioner or other appropriate employee of the Mississippi Department of Corrections shall issue a formal response to the recommendation.
(10) Inmate reports sent to the ombudsman shall not be considered an administrative remedy under Section 7(a) of the Civil Rights of Institutionalized Persons Act (42 USC 1977 e (a)), Mississippi Laws of policies and procedures of the Mississippi Department of Corrections.
SECTION 14. Reassessment of inmate mental health.
Not later than one hundred eighty (180) days after the effective date of this act, the commissioner shall:
(a) Assemble a team of licensed mental health professionals, which may include licensed mental health professionals who are not employed by the Mississippi Department of Corrections, to conduct a comprehensive mental health reevaluation for each inmate held in solitary confinement for more than thirty (30) days as of the date of enactment of this act, including a confidential, face-to-face, out-of-cell interview by a licensed mental health professional; and
(b) Adjust the placement of each inmate in accordance with this act.
SECTION 15. Required meetings with the ombudsman and the Mississippi Department of Corrections.
The Mississippi Department of Corrections shall:
(a) Meet regularly with the ombudsman appointed under this law to identify how the Mississippi Department of Corrections can address reported civil rights violations and reduce the use of solitary confinement and correct problems in the solitary confinement policies and practices of the Mississippi Department of Corrections;
(b) Conduct a prompt and thorough investigation of each referral from the ombudsman and after each such investigation take appropriate disciplinary action against any Mississippi Department of Corrections employee who is found to have engaged in misconduct or to have violated Mississippi Department of Corrections policy, and notify the ombudsman of the outcome of each such investigation; and
(c) Establish procedures requiring a formal response by the Mississippi Department of Corrections to any recommendation of the ombudsman in the annual report submitted under this section not later than ninety (90) days after the date on which the report is submitted to the Mississippi Legislature.
SECTION 16. Data tracking of use of solitary confinement.
(1) Not later than March 31 of each year, the commissioner shall prepare and transmit to the Committee on Corrections of the Mississippi House of Representatives and the Mississippi Senate the Judiciary A and B Committees of the Mississippi House of Representatives and the Mississippi Senate an annual assessment of the use of solitary confinement by the Mississippi Department of Corrections.
(2) Each assessment submitted under subsection (1) shall include the following:
(a) The policies and regulations of the Mississippi Department of Corrections, including any changes in policies and regulations, for determining which inmates are placed in each form of solitary confinement, or housing in which an inmate is separated from the general population in use during the reporting period, and a detailed description of each form of solitary confinement in use, including all maximum and high security facilities, all special housing units, all special management units, all administrative maximum facilities;
(b) The number of inmates in the custody of the Mississippi Department of Corrections who are housed in each type of solitary confinement for any period and the percentage of all inmates who have spent at least some time in each form of solitary confinement during the reporting period;
(c) The demographics of all inmates housed in each type of solitary confinement described in subparagraph (a), including race, ethnicity, religion, age, and gender;
(d) The policies and regulations of the Mississippi Department of Corrections, including any updates in policies and regulations, for subsequent reviews or appeals of the placement of an inmate into or out of solitary confinement;
(e) The number of reviews of and challenges to each type of solitary confinement placement described in subparagraph (a) conducted during the reporting period and the number of reviews or appeals that directly resulted in a change of placement;
(f) The general conditions and restrictions for each type of solitary confinement described in subparagraph (a), including the number of hours spent in isolation, or restraint, for each, and the percentage of time these conditions involve single-inmate housing;
(g) The mean and median length of stay in each form of solitary confinement described in subparagraph (a), based on all individuals released from solitary confinement during the reporting period, including maximum and high security facilities, special housing units, special management units, the administrative maximum facilities, including and any other unit used for solitary confinement and any maximum length of stay during the reporting period;
(h) The number of inmates who, after a stay of five (5) or more days in solitary confinement, were released directly from solitary confinement to the public during the reporting period;
(i) The cost for each form of solitary confinement described in subparagraph (a) in use during the reporting period, including as compared with the average daily cost of housing an inmate in the general population;
(j) Statistics for inmate assaults on correctional officers and staff of the Mississippi Department of Corrections inmate-on-inmate assaults, and staff-on-inmate use of force incidents in the various forms of solitary confinement described in subparagraph (a) and statistics for such assaults in the general population;
(k) The policies for mental health screening, mental health treatment, and subsequent mental health reviews for all inmates, including any update to the policies, and any additional screening, treatment, and monitoring for inmates in solitary confinement;
(l) A statement of the types of mental health staff that conducted mental health assessments for the Mississippi Department of Corrections during the reporting period, a description of the different positions in the mental health staff of the Mississippi Department of Corrections, and the number of part- and full-time psychologists and psychiatrists employed by the Mississippi Department of Corrections during the reporting period;
(m) Data on mental health and medical indicators for all inmates in solitary confinement, including:
(i) The number of inmates requiring medication for mental health conditions;
(ii) The number diagnosed with an intellectual disability;
(iii) The number diagnosed with serious mental illness;
(iv) The number of suicides;
(v) The number of attempted suicides and number of inmates placed on suicide watch;
(vi) The number of instances of self-harm committed by inmates;
(vii) The number of inmates with physical disabilities, including blind, deaf and mobility-impaired inmates;
(viii) The number of instances of forced feeding of inmates; and
(ix) Any other relevant data.
SECTION 17. Resource Center on Solitary Confinement Reduction and Reform.
(1) As used in this section the term "eligible entity" means an entity, or a partnership of entities, that has demonstrated expertise in the following fields:
(a) Solitary confinement, including the reduction and reform of its use; and
(b) Providing technical assistance to corrections agencies on how to reduce and reform solitary confinement.
(2) Not later than one hundred eighty (180) days after the date of enactment of this act, the Mississippi Department of Corrections shall enter into a cooperative agreement, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for state and local, systems, which shall conduct activities such as the following:
(a) Provide on-site technical assistance and consultation to state, and local corrections agencies to safely reduce the use of solitary confinement;
(b) Act as a clearinghouse for research, data, and information on the safe reduction of solitary confinement in prisons and other custodial settings, including facilitating the exchange of information between federal, state, and local practitioners, national experts, and researchers;
(c) Create a minimum of ten (10) learning sites in state, and local jurisdictions that have already reduced their use of solitary confinement and work with other federal, state, and local agencies to participate in training, consultation, and other forms of assistance and partnership with these learning sites;
(d) Conduct evaluations of jurisdictions that have decreased their use of solitary confinement to determine best practices;
(e) Conduct research on the effectiveness of alternatives to solitary confinement, such as step-down or transitional programs, strategies to reintegrate inmates into general population, the role of officers and staff culture in reform efforts, and other research relevant to the safe reduction of solitary confinement;
(f) Develop and disseminate a toolkit for systems to reduce the excessive use of solitary confinement;
(g) Develop and disseminate an online self-assessment tool for state and local jurisdictions to assess their own use of solitary confinement and identify strategies to reduce its use; and
(h) Conduct public webinars to highlight new and promising practices.
(3) The program under this section shall be administered by the Mississippi Department of Corrections or its designee.
(4) On an annual basis, the coordinating center shall report to the Corrections Committees and the Judiciary A and B Committees of the Mississippi Senate and Judiciary A and B of the Mississippi House of Representatives on its activities and any changes in solitary confinement policy at the state or local level that have resulted from its activities.
SECTION 18. There is authorized to be appropriated the Mississippi Department of Corrections such sums as may be necessary to carry out this act.
SECTION 19. The commissioner of the Mississippi Department of Corrections shall prescribe rules, in accordance with Mississippi law, and shall prescribe rules to carry out this act.
SECTION 20. This act shall take effect and be in force from and after July 1, 2024.