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Legislative Year: 2023 Change
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Bill Detail: HB23-1013

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Title Use Of Restrictive Practices In Prisons
Status House Committee on Judiciary Refer Amended to Appropriations (01/31/2023)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors J. Amabile (D)
Senate Sponsors R. Fields (D)
R. Rodriguez (D)
House Committee Judiciary
Senate Committee
Date Introduced 01/09/2023
Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems.
The bill prohibits the use of a clinical restraint
on an individual, unless:
  • The use is to prevent the individual from committing
imminent and serious harm to the individual's self or
another person, based on immediately present evidence and
circumstances;
  • All less restrictive interventions have been exhausted; and
  • The clinical restraint is ordered by a licensed mental health
provider.
The bill requires facilities that utilize clinical restraints to
implement procedures to ensure frequent and consistent monitoring for
the individual subjected to the clinical restraint and uniform
documentation procedures concerning the use of the clinical restraint.
The bill limits the amount of time an individual may be subjected
to a clinical restraint per each restraint episode and within a calendar year.
The bill prohibits the use of an involuntary medication on an
individual, unless:
  • The individual is determined to be dangerous to the
individual's self or another person and the treatment is in
the individual's medical interest;
  • All less restrictive alternative interventions have been
exhausted; and
  • The involuntary medication is administered after
exhaustion of procedural requirements that ensure a
hearing, opportunity for review, and right to counsel.
The bill requires the department of corrections (department) to
submit an annual report to the judiciary committees of the senate and
house of representatives with data concerning the use of clinical restraints
and involuntary medication in the preceding calendar year.
The bill requires the department to include specific data
concerning the placement of individuals in settings with heightened
restrictions in its annual administrative segregation report.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (01/30/2023) (most recent)  
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