Sec. 2. Definitions
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In this Act: The term appropriate level of care means the appropriate treatment setting for mental health care that a detained noncitizen 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. The term intellectual disability means a significant mental impairment characterized by significant limitations in intellectual functioning and adaptive behavior.
The term longer-term separation means a nonpunitive form of separation that removes a detained noncitizen from the general population of a detention center or other facility in which the noncitizen is being detained for— investigative, protective, or preventative reasons because of a substantial and immediate threat to the safety or security of the detained noncitizen, other detained noncitizens, staff, or the public; or temporary administrative reasons. The term multidisciplinary staff committee means a committee— composed of staff at the facility at which a detained noncitizen resides who are responsible for reviewing the initial placement of the noncitizen in longer-term separation and any extensions of time in longer-term separation; and that includes— not fewer than 2 licensed mental health professionals; not fewer than 2 medical professionals; and not fewer than 1 member of the leadership of the facility.
The term noncitizen has the meaning given the term alien in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). The term protection case means a detained noncitizen who, by the request of the noncitizen or through a staff determination, requires protection. The term Secretary means the Secretary of Homeland Security. The term serious mental illness means— a finding by a qualified mental health professional that the detained noncitizen is at serious risk of substantially deteriorating mentally or emotionally while confined in solitary confinement or longer-term separation, or already has so deteriorated while confined in solitary confinement or longer-term separation, such that diversion or removal is deemed to be clinically appropriate by a qualified mental health professional; or a current or recent diagnosis by a qualified mental health professional of 1 or more of the following disorders and any comparable disorders described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders:
Schizophrenia or another psychotic disorder. Major depressive disorder. Any type of bipolar disorder. A neurodevelopmental disorder, dementia, or other cognitive disorder, including autism spectrum disorder. Any disorder commonly characterized by breaks with reality or perceptions of reality. Any type of anxiety disorders. Trauma or stressor related disorder. Severe personality disorders. The term solitary confinement means confinement in a cell, other housing location, or other space that is not shared space conducive to meaningful group interaction, whether alone or with 1 or more other detained noncitizens.
The term substantial and immediate threat means a set of circumstances that require immediate action in order to combat a significant threat to the safety of a detained noncitizen, other detained noncitizens, staff, or the public. The term U.S. Customs and Border Protection facility means— a detention facility owned and administered by U.S. Customs and Border Protection; or a Federal, State, local, or private facility that has contracted (directly or indirectly) with U.S. Customs and Border Protection to detain noncitizens in Federal custody, and regardless of any time limits that exist for the duration of the detention in such a facility.
The term U.S. Immigration and Customs Enforcement facility means— a detention facility owned and administered by U.S. Immigration and Customs Enforcement; or a Federal, State, local, or private facility that has contracted (directly or indirectly) with U.S. Immigration and Customs Enforcement to detain noncitizens in Federal custody, including a facility of the United States Marshals Service that houses detained noncitizens, and regardless of any time limits that exist for the duration of the detention in such a facility.
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U.S. Code