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HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 175

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53RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2017

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DISCUSSION DRAFT

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AN ACT

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RELATING TO CORRECTIONS; ENACTING THE ISOLATED CONFINEMENT ACT;

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PROVIDING RESTRICTIONS ON THE USE OF ISOLATED CONFINEMENT;

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REQUIRING REPORTING.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.

[NEW MATERIAL] SHORT TITLE.--This act may be

cited as the "Isolated Confinement Act".
SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the

Isolated Confinement Act:

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A.

"correctional facility" means a jail, prison or

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other detention facility, whether operated by a government or

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private contractor, that is used for the confinement of adult

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or juvenile persons who are charged with or convicted of a

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violation of a law or ordinance;
B.

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"inmate" means an adult or juvenile person who

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is under sentence to or confined in a correctional facility;

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C.

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pursuant to disciplinary, administrative, inmate classification

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or other action, means confinement of an inmate in a cell or

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similar living quarters in a correctional facility for twenty-

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two or more hours each day; and

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D.

"serious mental disability" means having current

symptoms or receiving current treatment for:
(1)

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the following conditions that meet the

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diagnostic criteria published in the Diagnostic and Statistical

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Manual of Mental Disorders, fifth edition, also known as DSM-V,

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or the most recent edition of that publication, published by

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the American psychiatric association:
(a)

schizophrenia, and all subtypes of

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(b)

delusional disorder;

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(c)

schizophreniform disorder;

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(d)

schizoaffective disorder;

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(e)

brief psychotic disorder;

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(f)

substance-induced psychotic

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"isolated confinement", whether instituted

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schizophrenia;

disorder, excluding intoxication and withdrawal;
(g)

psychotic disorder not otherwise

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(h)

major depressive disorders; and

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(i)

bipolar disorder I and II;

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specified;

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(2)

includes being actively suicidal;

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(3)

diagnosis with a serious mental illness

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that is frequently characterized by breaks with reality or

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perceptions of reality that lead the person to significant

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functional impairment;
(4)

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diagnosis with an organic brain syndrome

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that results in a significant functional impairment if not

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treated;
(5)

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diagnosis with a severe personality

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disorder that is manifested by frequent episodes of psychosis

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or depression and that results in significant impairment; and
(6)

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diagnosis with a mental disorder that

diagnosis with intellectual disability

with significant functional impairment.
SECTION 3.

[NEW MATERIAL] RESTRICTIONS ON THE USE OF

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ISOLATED CONFINEMENT.--

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A.

Beginning July 1, 2017, an inmate who is younger

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than eighteen years of age shall not be placed in isolated

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confinement.
B.

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Beginning July 1, 2017, an inmate who is a

pregnant woman shall not be placed in isolated confinement.
C.

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Beginning January 1, 2018, an inmate who has a

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known serious mental disability shall not be placed in isolated

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confinement, except as provided in this subsection.

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warden, jail administrator or person in charge of a facility
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If a

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finds that an inmate with a serious mental disability needs to

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be placed in isolated confinement because of a situation that

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involves imminent threat of physical harm to the inmate or

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another person, the inmate may be placed in isolated

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confinement for no longer than forty-eight hours and the

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warden, jail administrator or person in charge of the facility

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shall:
(1)

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circumstances that necessitated the inmate's placement in
isolated confinement;
(2)

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prepare a written action plan describing

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how the facility will transition the inmate out of isolated

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confinement at the earliest opportunity; and
(3)

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make a written record of the facts and

notify the facility's medical professional

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in writing that the inmate was placed in isolated confinement

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in accordance with this subsection.

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SECTION 4.

[NEW MATERIAL] CORRECTIONAL FACILITIES--

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TRANSPARENCY AND REPORTING.--Beginning July 1, 2017, and every

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three months thereafter, every correctional facility shall:
A.

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produce a report that includes:
(1)

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the age, gender and ethnicity of every

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inmate who was placed in isolated confinement during the

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previous three months, including every inmate who is in

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isolated confinement at the time the report is produced;
(2)

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the reason isolated confinement was

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instituted for each inmate listed in the report; and

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(3)

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in and released from isolated confinement during the previous

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three months; and
B.

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submit a report prepared in accordance with

Subsection A of this section to:
(1)

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the legislature, if the correctional

facility is a prison; and
(2)

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the board of county commissioners of the

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county in which the correctional facility is located, if the

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facility is a jail.

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the dates on which each inmate was placed

SECTION 5.

[NEW MATERIAL] PRIVATE CORRECTIONAL

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FACILITIES--ANTICORRUPTION AND REPORTING.--Beginning July 1,

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2017, and every three months thereafter, every private

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correctional facility shall submit to the board of county

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commissioners of the county in which the private correctional

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facility is located and to the legislature a report of all

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monetary settlements that were paid to inmates or former

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inmates as a result of lawsuits filed by the inmates or former

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inmates against the private correctional facility or its

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employees.

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SECTION 6.

[NEW MATERIAL] REPORTS FILED WITH LEGISLATIVE

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LIBRARY.--On the date that a report is submitted to a board of

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county commissioners pursuant to Section 4 or 5 of the Isolated

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Confinement Act, a copy of the report shall be submitted to the
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legislative council service library.
SECTION 7.

provisions of this act is July 1, 2017.

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EFFECTIVE DATE.--The effective date of the

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