SPONSOR:	Rep. J. Johnson & Rep. Kowalko & Sen. Townsend
	Reps. Barbieri, Baumbach, Bolden, Keeley, Lynn, Mulrooney, Outten; Sens. Blevins, Peterson

HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY

HOUSE BILL NO. 36

AN ACT TO AMEND TITLES 11 AND 31 OF THE DELAWARE CODE RELATING TO SOLITARY CONFINEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Section 3902, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3902 Solitary confinement.

In every case of sentence to imprisonment for a term exceeding 3 months, the court may by the sentence direct that a certain portion of the term of imprisonment, not exceeding 3 months 4 weeks, shall be in solitary confinement; and any person so sentenced shall not be allowed to work during that portion of the term of imprisonment.

Section 2.Amend Section 6535, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6535 Discipline.

(a) The Department shall promulgate rules and regulations for the maintenance of good order and discipline in the facilities and institutions of the Department, including procedures for dealing with violations. Prisoners of the Department shall have access to those portions of the disciplinary rules that apply to them, at places and times deemed reasonable and appropriate by the Commissioner. There shall be a record of charges of infractions by inmates, any punishments imposed and of medical inspections made.

(b) No person may be placed in solitary confinement as punishment for a disciplinary violation for more than 15 consecutive days or 20 total days in any 60-day period.

(c) No person who has been diagnosed with a serious mental illness may be punished for a disciplinary violation by use of solitary confinement.

Section 3.Amend Section 5106, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5106 Powers and duties of the Department.

(a) The Department shall:

(7) Establish such rules and regulations relative to the religious and moral education, training, employment, discipline, management, government, instruction, safekeeping and the disposition of the juveniles; provided however, that under no circumstances may solitary confinement be employed on a juvenile for management or discipline;

SYNOPSIS

This bill would place limits on the use of solitary confinement, a topic which is largely unaddressed in current Delaware law.A growing body of research shows that long-term solitary confinement may contribute to significant mental health issues and reentry problems.Of particular concern is the impact of the practice on juveniles and the mentally ill.Therefore, this Act would limit the amount of time that a person may be ordered into solitary confinement as part of their sentence to 4 weeks, rather than 3 months.Additionally, the bill would not allow the Department of Corrections to use solitary confinement as a punishment for disciplinary violations for more than 15 consecutive days or 20 days out of any 60 day period.Finally, this legislation would prohibit the use of solitary confinement as a disciplinary tool for the mentally ill or juveniles.