Section 39: Restrictive housing; use authorized; conditions of confinement; mental health screening and evaluation; promulgation of clinical standard
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/ma/part-i/title-xviii/chapter-127/39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 39.
(a)Subject to the limits of this section and section 39A, the superintendent of a state correctional facility or the administrator of a county correctional facility may authorize the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the prisoner's retention in general population poses an unacceptable risk:
(i)to the safety of others;
(ii)of damage or destruction of property; or
(iii)to the operation of a correctional facility.
(b)In addition to meeting all standards established by the regulations of the department of public health, restrictive housing units shall provide:
(i)meals that meet the same standards established by the commissioner for general population prisoners;
(ii)access to showers not less than 3 days per week;
(iii)rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for each offense;
(iv)access to reading and writing materials unless clinically contraindicated;
(v)access to a radio or television if confinement exceeds 30 days;
(vi)periodic mental and psychiatric examinations under the supervision of the department of mental health;
(vii)medical and psychiatric treatment as clinically indicated under the supervision of the department of mental health;
(viii)the same access to canteen purchases and privileges to retain property in a prisoner's cell as prisoners in the general population at the same facility; provided, however, that such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for each offense or where inconsistent with the security of the unit;
(ix)the same access to disability accommodations as prisoners in general population, except where inconsistent with the security of the unit; and
(x)other rights and privileges as may be established or recognized by the commissioner.
(c)Before placement in restrictive housing, a prisoner shall be screened by a qualified mental health professional to determine if the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by the department of correction and the qualified mental health professional's clinical judgment.
(d)A qualified mental health professional shall make rounds in every restrictive housing unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is warranted in the clinician's professional judgment. Prisoners shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the department of correction and the qualified mental health professional's clinical judgment to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated.
(e)The department of correction shall promulgate clinical standards, in consultation with the department of mental health.