Bill Text: MI SB1192 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Corrections: prisoners; certain uses of segregation by department; establish regulations. Amends secs. 51 & 52 of 1953 PA 232 (MCL 791.251 & 791.252) & adds secs. 64a, 64b, 64c & 64d. TIE BAR WITH: SB 1193'26
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-10-01 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB1192 Detail]
Download: Michigan-2025-SB1192-Introduced.html
SENATE BILL NO. 1192
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 51 and 52 (MCL 791.251 and 791.252), section 51 as amended by 1998 PA 269, and by adding sections 64a, 64b, 64c, and 64d.
the people of the state of michigan enact:
Sec. 51. (1) There is created within the department a hearings division. The division is under the direction and supervision of the hearings administrator who is appointed by the director of the department.
(2) Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing the department conducts that may result in the loss by a prisoner of a right, including but not limited to any 1 or more of the following matters:
(a) An infraction of a prison rule or department policy or procedure that may result in punitive segregation, solitary confinement.
(b) An infraction of a prison rule that may result in the loss of disciplinary credits, or the loss of good time.
(c) (b) A security classification that may result in the placement of a prisoner in administrative segregation.solitary confinement.
(d) (c) A special designation that permanently excludes, by department policy or rule, a person under the jurisdiction of the department from community placement.
(e) (d) Visitor restrictions.
(f) Telephone restrictions.
(g) (e) High or very high assaultive risk classifications.
(3) Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing that may result in the accumulation of disciplinary time.
(4) The hearings division is not responsible for a prisoner hearing that is conducted for prisoners transferred under section 11a to an institution of another state pursuant to the interstate corrections compact.
(5) The hearings division is not responsible for a prisoner hearing that is conducted as a result of a minor misconduct charge that would not cause a loss of good time or disciplinary credits, or result in placement in punitive segregation.solitary confinement.
(6) Each hearings officer of the department is under the direction and supervision of the hearings division. Each hearings officer hired by the department after October 1, 1979 , shall must be an attorney.
Sec. 52. (1) The following procedures shall apply to each prisoner hearing conducted pursuant to under section 51(2):
(a) The parties shall must be given an opportunity for an evidentiary hearing without undue delay.not later than 5 days after being issued a misconduct or notice.
(b) The parties shall must be given reasonable notice of the hearing.
(c) If a party fails to appear at a hearing after proper service of notice, the hearings officer, if an adjournment is not granted, may proceed with the hearing and make a decision in the absence of the party.
(d) Each party shall must be given an opportunity to present evidence and oral and written arguments on issues of fact. The department shall provide the accommodations and supports that are necessary for the prisoner to meaningfully participate in the hearing, including, but not limited to, assistive technology or an interpreter for a prisoner with a disability or limited English proficiency.
(e) A prisoner may not cross-examine a witness, but may submit rebuttal evidence. A prisoner may also submit written questions to the hearings officer to be asked of a witness or witnesses. The hearings officer may present these questions to and must attempt to receive answers from the witness or witnesses. The questions presented and the evidence received in response to these questions shall become a part of the record. A hearings officer may refuse to present the prisoner's questions to the witness or witnesses. If the hearings officer does not present the questions to the witness or witnesses, the reason for the decision not to present the questions shall must be entered into the record.
(f) The hearings officer may administer an oath or affirmation to a witness in a matter before the officer, certify to official acts, and take depositions.
(g) The hearings officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. The reason for the exclusion of the evidence shall must be entered into the record. An objection to an offer of evidence may be made and shall must be noted in the record. The hearings officer, for the purpose of expediting a hearing and if the interest of the parties are not substantially prejudiced by the action, may provide for the submission of all or part of the evidence in written form.
(h) Evidence, including records and documents in possession of the department of which the hearings officer wishes to avail himself or herself, shall must be offered and made a part of the record. A hearings officer may deny access to the evidence to a party if the hearings officer determines that access may be dangerous to a witness or disruptive of normal prison operations. The reason for the denial shall must be entered into the record.
(i) The hearings conducted under this chapter shall must be conducted in an impartial manner. On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a hearings officer, the department shall determine the matter as a part of the record of the hearing, and the determination shall be is subject to judicial review at the conclusion of the hearing. If a hearings officer is disqualified or it is impracticable for the hearings officer to continue the hearing, another hearings officer may be assigned to continue the hearing unless it is shown that substantial prejudice to a party will result from the continuation.
(j) Except as otherwise authorized by subdivision (e), a hearings officer, after the notice of the hearing is given, shall not communicate, directly or indirectly, in connection with an issue of fact, with a person or party, except on notice and opportunity for all parties to participate. A hearings officer may communicate with other members of the department and may have the aid and advice of department employees other than employees which that have been or are engaged in investigating or prosecuting functions in connection with the hearing or a factually related matter which that may be the subject of a hearing.
(k) A final decision or order of a hearings officer in a hearing shall must be made, within a reasonable period, not later than 5 days after the hearing, in writing or stated in the record and shall must include findings of fact , and shall state any sanction to be imposed against a prisoner as a direct result of a hearing conducted under this chapter. The final decision shall must be made on the basis of a preponderance of the evidence presented. Findings of fact shall must be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall must be accompanied by a concise and explicit statement of the underlying facts supporting them. A decision or order shall not be must be made except upon on the consideration of the record as a whole or a portion of the record as may be cited by a party to the proceeding and as supported by and pursuant to competent, material, and substantial evidence. A copy of the decision or order shall must be delivered or mailed immediately to the prisoner. The final disposition shall must be posted for the information of the reporting officer.
(2) In addition to the procedures under subsection (1), a prisoner hearing conducted under section 51(2)(a) must allow a prisoner to have an advocate or health care provider selected by the prisoner present during the hearing.
(3) As used in this section, "advocate" means an attorney, a paralegal, another prisoner who is trained as a paralegal, a law student, or a staff specialist with the department, including, but not limited to, a recipient rights specialist or guardian specialist.
Sec. 64a. (1) The department or an authorized representative may place a qualified prisoner in solitary confinement only if the placement in solitary confinement complies with this section and sections 64b to 64c.
(2) The department or an authorized representative shall not place a qualified prisoner in solitary confinement for 1 or both of the following reasons:
(a) Except as required to prevent the spread of communicable disease or infection, for a medical reason. A medical provider may conduct any medical examination required to verify that the prisoner has a communicable disease or infection. A record of medical examination under this subdivision must be provided to the legislative corrections ombudsman.
(b) To protect the prisoner from the rest of the population in the correctional facility or to protect the prisoner from another individual who is abusive to the prisoner.
(3) If a qualified prisoner is placed in solitary confinement, the qualified prisoner may contest the determination that the prisoner is not a member of a vulnerable population by requesting a review of the determination by the director of mental health services for the department. The correctional facility that receives a request for a review under this subsection shall report the request to the office of the legislative corrections ombudsman not more than 72 hours after the prisoner makes the request. The director of mental health services for the department shall conduct a review on a request made under this subsection and determine whether the prisoner is a member of a vulnerable population not more than 72 hours after the prisoner makes the request. The director of mental health services for the department shall notify the correctional facility in which the prisoner is housed, the prisoner who requested the review, the legislative corrections ombudsman, and a protection and advocacy organization of the determination following review. The legislative corrections ombudsman shall notify the prisoner who requested the review of the legislative corrections ombudsman's determination following the review.
(4) The department or an authorized representative may not place a qualified prisoner in solitary confinement for more than 15 consecutive days. The department or an authorized representative may place a qualified prisoner from the general facility population into an alternative unit for up to 30 days only if the qualified prisoner has been found guilty of 2 or more serious physical assaults that result in a physical injury in the previous 30 days. The department or the authorized representative shall document the reason for the qualified prisoner's extended placement in the alternative unit. Not more than 12 hours after the qualified prisoner's extended placement begins, the department or authorized representative shall notify the legislative corrections ombudsman and the safety and wellness committee created under section 64e and allow access to the qualified prisoner. A prisoner who has been prescribed psychotropic medication is not a qualified prisoner and must not be placed in an alternative unit for more than 15 days. A qualified prisoner subject to extended placement under this subsection must be offered all the following every day:
(a) Out-of-cell group programming in a group setting.
(b) Yard time in a group setting.
(c) A shower.
(d) Complete paperwork of the extended placement.
(e) Access to communication, including visits, telephone, secure electronic messaging, and video visits.
(5) The department or an authorized representative may place a qualified prisoner in solitary confinement for punitive reasons subject to all of the following restrictions:
(a) The department or an authorized representative must not place the qualified prisoner in solitary confinement for more than 10 days for a violation of a department policy or procedure.
(b) The department or an authorized representative must not place the qualified prisoner in solitary confinement for more than 15 days for 2 or more violations of a department policy or procedure arising from a single incident. Nothing in this subsection allows the department to place a qualified prisoner in solitary confinement for more than 15 consecutive days or more than 45 cumulative days in any 180-day period in violation of subsection (4).
(c) If the department or an authorized representative places a qualified prisoner in solitary confinement within 48 hours of releasing that prisoner from a previous placement in solitary confinement, not more than 24 hours after the second placement of the qualified prisoner in solitary confinement, the department or an authorized representative must do all of the following:
(i) Obtain an out-of-cell medical evaluation conducted by a medical provider and a mental health evaluation conducted by a qualified mental health professional.
(ii) Provide in writing a date the qualified prisoner's placement in solitary confinement will end.
(iii) Establish a supported transition plan for the qualified prisoner to be placed out of solitary confinement.
(iv) Report the evaluations to the office of the legislative corrections ombudsman not more than 24 hours after an evaluation under subparagraph (i) is conducted.
(v) The department must document each continued time period.
(d) The department or an authorized representative shall utilize a presumption against finding the qualified prisoner committed a violation and against the pursuit of placement in punitive solitary confinement.
(6) If the department or authorized representative does not provide the qualified prisoner placed in solitary confinement under subsection (5) with the written date required under subsection (5)(c), the correctional facility shall release the prisoner from placement in solitary confinement.
(7) The department or an authorized representative shall not place a prisoner who is a member of a vulnerable population in solitary confinement but may place the prisoner in an alternative unit as described in subsection (10).
(8) If the department or authorized representative places a prisoner who is a member of a vulnerable population in an alternative unit under subsection (7), the department or authorized representative must utilize a step-down program or therapeutic space.
(9) The department or an authorized representative shall not do any of the following to a prisoner because the prisoner is placed in an alternative unit under subsection (7) or placed in solitary confinement:
(a) Limit providing services, treatment, or basic needs to the prisoner, including, but not limited to, appropriate outerwear of coats, gloves, and hats; access to a functioning shower, toilet, and sink; food; water; toilet paper; women's hygiene products; and bedding.
(b) Punish the prisoner by placing any restriction on the prisoner's diet.
(c) Limit access to adequate medical and mental health care, including, but not limited to, prescription medication and any medically necessary food between meals.
(d) Limit access to personal hygiene items or an opportunity to shower and shave to less than 3 times each week.
(e) Limit access to legal counsel, a representative for legal counsel, or legal documents.
(f) Except as provided in this subdivision, limit access to in-cell programming, including, but not limited to, the use of a tablet, education materials, GED materials, books, and writing materials. Writing utensils including, but not limited to, pens and pencils may be restricted in accordance with department policy that allows out-of-cell time to read and write in a secured setting weekly while on restriction.
(10) A unit used to house a prisoner in an alternative unit or in solitary confinement must include a therapeutic space and meet all of the following requirements:
(a) Be clean and properly ventilated, including, but not limited to, providing access to direct airflow through a window, ventilation unit, or fan.
(b) Provide time periods with light and darkness reflecting normal daytime and nighttime hours.
(c) Be temperature controlled between 65 and 76 degrees Fahrenheit.
(d) Be equipped with properly clean and functioning sanitary fixtures.
(e) Have a permanent national standardized weight chart with legible information on the signs of dehydration and malnutrition posted in a visible location.
(f) Be able to readily read the date, day of the week, and time of day.
(g) Utilize therapeutic lighting.
(11) The department or authorized representative shall allow a prisoner placed in an alternative unit under subsection (7) or placed in solitary confinement to receive 1 in-person visit each week, 1 video call each week, and 2 telephone calls each week, unless the department or authorized representative appropriately documents a need for restricting visitation allowed under this subsection. A restriction under this subsection is subject to a prisoner hearing as provided under section 51. A prisoner placed in an alternative unit under subsection (7) must be provided with access to not less than 8 hours of daily congregate out-of-cell time, including, but not limited to, time to participate in programming, recreation, and other congregate activities that provide an option for a group setting with several other individuals in a shared space without physical barriers between individuals.
(12) If a prisoner has a guardian appointed by the court and is placed in an alternative placement under subsection (7) or placed in solitary confinement, the department or authorized representative shall notify all of the following of the placement not more than 12 hours after the placement:
(a) The office of the legislative corrections ombudsman.
(b) A protection and advocacy organization.
(c) The guardian.
(13) The legislative corrections ombudsman shall collect data from the reports received under subsection (5)(c)(iv) and notices received under subsection (12) and prepare and provide a quarterly report of the data to the legislature. The legislative corrections ombudsman shall publish the quarterly reports on the legislative corrections ombudsman's website.
(14) If a qualified prisoner, while placed in solitary confinement, loses 10% or more of the prisoner's body weight, the department or an authorized representative shall notify the office of the legislative corrections ombudsman, a recipient rights specialist, a protection and advocacy organization, and, if applicable, the prisoner's guardian. The notice must be made by telephone and email not more than 12 hours after the department or authorized representative becomes aware of the weight loss described under this subsection. The notice and receipt of notice must be documented.
(15) Not more than 90 days after the effective date of the amendatory act that added this section, a prisoner who is in solitary confinement on the effective date of the amendatory act that added this section must have a medical examination by a medical provider and an out-of-cell mental health review by a qualified mental health professional for potential applicability of this section and sections 64b and 64c.
(16) The department shall maintain a list of all prisoners who are a member of a vulnerable population.
(17) As used in this section and sections 64b to 64e:
(a) "Authorized representative" means an employee of the department or a person that is under contract with the department.
(b) "Critical incident" means an action that includes any of the following:
(i) A prisoner assault on a staff member that results in a physical injury to staff member.
(ii) An escape or attempted escape.
(iii) A prisoner disturbance that causes facility operation concerns.
(iv) The implementation of a phase plan or similar significant restriction on activity within a facility, a drug overdose, or suspected overdose that results in inpatient hospitalization.
(v) An unexpected death of a prisoner.
(vi) All forms of restraint of a prisoner except routine force as determined by department policy.
(c) "Disability" means a physical or mental impairment that substantially limits 1 or more major life activities.
(d) "Individual treatment plan" means a treatment plan that is developed according to the bureau of health care services mental health services program manual.
(e) "Medical and mental health care" means medical and mental health care at a level that is comparable with medical and mental health care offered in the community, using current evidence-based assessments, medical treatment, and mental health therapy and treatment.
(f) "Medical provider" means an individual licensed or otherwise authorized to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 18838; an individual licensed as a registered professional nurse under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242, who has been issued a specialty certification as a nurse practitioner by the Michigan board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210; or a physician's assistant.
(g) "Member of a vulnerable population" means a prisoner who meets 1 or more of the following:
(i) Is 21 years of age or younger.
(ii) Is 65 years of age or older.
(iii) Has a mental illness or is on an active caseload for outpatient mental health services.
(iv) Has a history of psychiatric hospitalization.
(v) Has recently exhibited conduct, including, but not limited to, serious self-mutilation or a suicide attempt, indicating the need for further assessment to determine the presence of mental illness and necessary treatment.
(vi) Has a developmental disability, as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a cognitive disability.
(vii) Has participated in a special education program, has received special education services, or is housed in an adaptive skills unit.
(viii) Has a serious medical condition that cannot be effectively treated in solitary confinement, including, but not limited to, a traumatic brain injury, a chronic and progressive medical condition, or a terminal illness.
(ix) Is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy.
(x) Has an auditory or visual impairment.
(xi) Is perceived to be or is lesbian, gay, bisexual, transgender, or intersex.
(h) "Mental illness" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.
(i) "Person-centered planning" means a process required under section 712 of the mental health code, 1974 PA 258, MCL 330.1712, for planning and supporting the individual receiving services that builds on the individual's capacity to engage in activities that promote community life and that honors the individual's preferences, choices, and abilities.
(j) "Physician's assistant" means an individual who is licensed as a physician's assistant under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.
(k) "Protection and advocacy organization" means an independent, private, nonprofit, and nonpartisan protection and advocacy organization authorized by federal laws and the laws of this state to advocate for and protect the legal rights of people with disabilities in this state.
(l) "Protective custody" means a housing unit where an individual is held in a correctional facility that provides safety for the individual who is in need of protection and does not restrict the standard property or the basic allowances designated to the general population.
(m) "Qualified mental health professional" means either of the following:
(i) A physician, psychologist, psychiatrist, registered professional nurse licensed or otherwise authorized to engage in the practice of nursing, licensed professional counselor, or licensed master's social worker, who is a mental health professional as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(ii) A physician's assistant who has training and experience in the areas of mental illness or mental disabilities.
(n) "Qualified prisoner" means a prisoner who is not a member of a vulnerable population.
(o) "Solitary confinement" means a confinement setting in which a prisoner is isolated from the general population in a cell or by other means for 16 hours or more in a day regardless of the terms used to describe the confinement.
(p) "Supported transition plan" means a written plan that gradually decreases the constraints and restrictions, and increases out-of-cell time, privileges, programming, and group activities of a prisoner in solitary confinement. A supported transition plan considers the goals and accommodations needed by the prisoner to transition into confinement with the general population of prisoners based on the prisoner's strengths, functional skills, preferences, and interests, including, but not limited to, opportunities to gain knowledge and skills needed to continue being confined with the general population.
(q) "Therapeutic lighting" means natural light or artificial light at controlled wavelengths that mimics natural light.
(r) "Therapeutic space" means a cell designed as an alternative to solitary confinement that includes person-centered activities, positive sensory integration, and mental health services that are compatible with those in the community.
Sec. 64b. (1) The department or an authorized representative shall evaluate a qualified prisoner who is placed in solitary confinement under section 64a not less than twice every hour. If a qualified prisoner placed in solitary confinement demonstrates behavior that indicates the prisoner may be a member of a vulnerable population or has suicidal ideation or an intent to self-harm, the department or an authorized representative shall evaluate the prisoner every 15 minutes while the qualified prisoner awaits placement in an existing mental health space under subsection (4)(b). Each evaluation under this subsection must be documented by the use of a body camera on the authorized representative of the department performing the evaluation. Documentation under this subsection must be saved for 6 years.
(2) If a qualified prisoner is placed in solitary confinement for more than 12 hours, the qualified prisoner must have a medical provider conduct an out-of-cell physical health examination and a qualified mental health professional conduct a mental health examination. The out-of-cell physical health examination must be conducted not later than 24 hours after the qualified prisoner's presence in solitary confinement for more than 12 hours and must include all of the following:
(a) Documentation that the prisoner's health record was reviewed to determine if the prisoner has any significant physical or mental conditions or diseases that could be negatively impacted by placement in solitary confinement.
(b) A written or verbal health record from the prisoner that must be documented in the prisoner's health record.
(c) Assessment and documentation of vital signs; blood pressure; temperature; weight; heart and respiration rates; condition of abdomen, neck, head, skin, and extremities; and neurological, cardiac, and lung functioning.
(3) If the qualified prisoner remains placed in solitary confinement after the examination under subsection (2), a medical provider and a qualified mental health professional shall conduct out-of-cell reassessments of the prisoner every 3 days to monitor the prisoner's physical and mental health status, and shall assess and document the prisoner's weight every 3 days. For every 48 hours that the prisoner remains placed in solitary confinement, a qualified mental health professional shall offer therapy to the prisoner for 1 hour.
(4) A qualified mental health professional who conducts a mental health examination of a qualified prisoner shall recommend the qualified prisoner be removed from solitary confinement and placed in an existing mental health space if the qualified mental health professional determines the prisoner is a member of a vulnerable population or if the prisoner meets any of the following circumstances:
(a) The prisoner has been diagnosed with a traumatic brain injury, or has physical or cognitive impairments.
(b) The prisoner has been determined to be at risk of suicide or self-harm.
(c) The prisoner's mental or emotional condition has deteriorated substantially while placed in solitary confinement.
(d) The prisoner has lost more than 10% of the prisoner's body weight since being placed in solitary confinement.
(e) The prisoner has not eaten for 48 hours or is on a stated hunger strike.
(5) If a recommendation for the removal from solitary confinement and placement in a therapeutic space is made under subsection (4), the prisoner must be removed from solitary confinement not later than 12 hours after the time that the recommendation is made, and the placement in the therapeutic space must begin not more than 72 hours after the recommendation. A recommendation under subsection (4) is the sole responsibility of the examining qualified mental health professional and is not subject to the authority of the administrative or custodial staff of a correctional facility or the department. A mental health service under this subsection must not utilize close observation or observation cells unless the use is adopted within a mental health service plan. The correctional facility shall create a written therapeutic orientation plan for a prisoner before the correctional facility begins a mental health service required under this section. The correctional facility shall allow a prisoner access to the prisoner's personal property while the prisoner is receiving a mental health service under this subsection.
(6) If a qualified prisoner is placed in solitary confinement, the administrator of the correctional facility shall keep a clear and consistent digital log that details the time and the reason the qualified prisoner is placed in solitary confinement, delineated by each occurrence, and the cumulative days the qualified prisoner is placed in solitary confinement during the prisoner's incarceration. The log required under this subsection must be updated daily and provided to the department each month.
(7) The department shall publish a monthly report on the department's website that aggregates the data received by each correctional facility under subsection (6). The report required under this subsection must include all of the following information categorized by each correctional facility and type of placement between solitary confinement or alternative unit:
(a) The total number of prisoners placed in all forms of solitary confinement and alternative units by month and the cumulative number of days each prisoner has been in placement that is not general population.
(b) The cumulative number of days that any prisoner is placed in solitary confinement.
(c) Demographic data pertaining to each prisoner placed in solitary confinement, including, but not limited to, age, race, and gender, and any disability, mental illness, or medical condition.
(d) The number of prisoners placed in solitary confinement who also have restrictions on visitation, telephone use, food, water, or access to programming.
(e) Documented reasons a prisoner has a restriction on access to programming described under subdivision (d).
(f) The number of critical incidents, including, but not limited to, self-harm or suicide attempts related to a prisoner placed in solitary confinement.
(g) The number and cause of any deaths occurring while a prisoner is placed in solitary confinement and any supporting documents.
(h) The number of times any form of restraint is utilized longer than 6 hours.
(i) The type of restraint used under subdivision (h).
(8) The department shall annually combine the reports published under subsection (7) and publish the information as an annual report on the department's website.
(9) The administrator of a correctional facility who subjects a housing unit within the correctional facility to lockdown for more than 24 hours shall provide, no later than 15 days after the lockdown begins, a report of all of the following information to the director:
(a) The housing units subjected to the lockdown.
(b) The specific reasons the lockdown is necessary.
(c) An explanation of why a less restrictive intervention is insufficient to accomplish the safety goals of the correctional facility.
(10) The department shall publish a report received under subsection (9) on the department's website no more than 15 days after the department receives that report.
(11) If a lockdown of a unit or correctional facility is not less than 3 days in length and involves a prisoner with a known mental illness, the lockdown must be reported to the office of the legislative corrections ombudsman and a protection and advocacy organization.
(12) A lockdown must not be greater than 20 cumulative days in length in any 180-day period.
(13) As used in this section, "lockdown" means a situation in which the correctional facility limits prisoner access to out-of-cell time to 4 hours or less in a day for 2 consecutive days.
Sec. 64c. (1) If a prisoner fears for the prisoner's own safety, the department or an authorized representative shall, in consultation with the prisoner and considering the level of dangerousness of a situation and lethality indicators, develop a plan to prevent the abuse of or violence toward the prisoner and to facilitate the immediate and long-term safety of the prisoner. The plan developed under this section may include appropriate protective custody, including, but not limited to, transferring the prisoner to a single cell, therapeutic space, or a more appropriate custody unit. If the prisoner will be placed in protective custody under this section, the prisoner must provide either a clear and thorough written statement documenting that the prisoner consents to the protective custody, or the department or authorized representative shall record the prisoner's verbal consent to the protective custody if the prisoner is unable to provide written consent. Consent under this section is valid for 1 year. A prisoner in protective custody under this section must be provided full access to out-of-cell time; volunteer, educational, and core programming; family contact; and other services that are available to prisoners who are not in protective custody. A prisoner who is confined in protective custody under this section must be allowed not less than 8 hours to do all of the following:
(a) Be outside of the cell each day with access to congregate programming and activities.
(b) Make telephone and video calls.
(c) Have contact visits.
(d) Make standard store orders and order Securepak.
(2) The department or an authorized representative shall create a written plan for the implementation of protective custody under this section to use for prisoner safety.
Sec. 64d. (1) All forms of restraints are a critical incident and require verified working still cameras in the prisoner's cell and body cameras to be running before and throughout the process of restraints being placed on an individual. All uses of restraint must be recorded and reported to the legislative corrections ombudsman and a protection and advocacy organization not more than 72 hours after the use of restraints begins being initiated and quarterly to the legislature. Reports under this subsection must include all of the following information:
(a) The type of restraint.
(b) The facility where the restraint was used, unit type, length of time of use of restraints, and members of staff who authorized the use of restraint.
(c) If the prisoner is a member of a vulnerable population as defined in section 64a.
(d) If the prisoner has a known disability or serious mental health or medical condition.
(2) Not later than 180 days after the effective day of the amendatory act that added this section, the department shall develop a written policy to limit the technique of restraining a prisoner using forced flexion restraint positioning. Forced flexion restraint positioning may not be used for more than 2 hours before the restraints must be removed and an alternative restraint method may be applied, including, but not limited to, a restraint chair or bed. A prisoner in forced flexion restraint positioning must be physically observed by staff at least 1 time every 15 minutes. Physical observation means an in-person visual check of the prisoner's breathing, color, and responsiveness. Viewing the prisoner on a camera or video monitor does not satisfy the requirement under this subsection.
(3) The entire duration of any forced flexion restraint positioning, including the initial application of restraints, all subsequent safety and medical checks, and the final removal of restraints, must be captured on continuous, unedited, high-definition video with clear audio. The department shall ensure that any cell or location where a prisoner is held in forced flexion restraint positioning has a verified working fixed mounted camera capable of continuous, unedited, high-definition recording with clear audio for the entire duration the prisoner remains restrained.
(4) All uses of forced flexion restraint positioning must be reported quarterly and in writing to the legislature, legislative corrections ombudsman, and a protection and advocacy organization. The department shall post the report on its publicly available website. The report must be broken down by prison, race of the prisoners restrained, and the number of hours the prisoners were held in forced flexion restraint positioning.
(5) The department shall retain all of the following for not less than 3 years after the restraint event:
(a) All body camera and video footage.
(b) Documentation, including, but not limited to, restraint logs, housing unit logs, health service logs, and control center logs.
(6) If a prisoner refuses to leave a cell, the department or an authorized representative shall use a cell extraction only if other de-escalation techniques are unsuccessful to remove the prisoner from the cell. The department or authorized representative shall not use a chemical agent on a prisoner who is restrained, unresponsive, or incapacitated, has a prior mental health diagnosis, or has a current mental health diagnosis.
(7) If cell extraction is used, the department shall document the de-escalation techniques that were attempted before the cell extraction and an explanation of why the de-escalation techniques failed.
(8) As used in this section, "forced flexion restraint" means a restraint system that anchors or restricts the lower extremities of an individual and keeps the individual in a bent position that physically prevents the full straightening of the individual's legs at the hips or knees, including, but not limited to, kneeling or the fetal position.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1193 of the 103rd Legislature is enacted into law.
