Bill would limit solitary confinement and require health checks in Michigan prisons

The department would have to follow limits and safeguards when placing prisoners in solitary confinement or an alternative unit. A qualified prisoner is one who is not in a vulnerable group, which includes people who meet listed age, health, disability, pregnancy, or other criteria. Solitary confinement means isolation from the general population for 16 hours or more in a day. Prisoners in a vulnerable group could not be placed in solitary confinement, but could be placed in an alternative unit using a step-down program or therapeutic space. Solitary confinement could last no more than 15 consecutive days. An alternative unit placement for up to 30 days would be allowed only after at least two serious physical assaults causing injury in the previous 30 days.

The department would have to check on prisoners in solitary confinement, arrange health exams, and keep placement records. These rules cover qualified prisoners placed in solitary confinement, meaning isolation from the general population for 16 hours or more in a day. A mental health professional would have to recommend removal for listed health or safety concerns, and facility staff could not overrule that recommendation. The department would publish monthly placement reports. Checks would occur at least twice each hour. After more than 12 hours in solitary confinement, exams would be due within 24 hours; if the placement continues, health checks would repeat every three days.

The department would have to record and report restraints and limit the use of forced-flexion restraints. The reporting rules cover all prisoner restraints, with added limits and recording rules for forced-flexion restraints. Forced-flexion restraint holds a person bent so they cannot fully straighten their legs. Staff could use a cell extraction only after other de-escalation methods fail. They could not use chemical agents on a restrained, unresponsive, or incapacitated prisoner, or on a prisoner with a current or past mental health diagnosis. The department would have 180 days after the act takes effect to develop a policy limiting forced-flexion restraints. The act would take effect only if Senate Bill 1193 is enacted.

The department would have to make safety plans for prisoners who fear for their safety and obtain consent before placing them in protective custody. This applies when a prisoner says they fear for their own safety and the department considers protective custody. A prisoner must give written consent, or staff must record the prisoner's verbal consent if the prisoner cannot provide written consent. A protective-custody plan could include a transfer to a single cell, therapeutic space, or another suitable unit. Consent for protective custody would be valid for one year. A prisoner in protective custody would have at least eight hours each day for out-of-cell activities, calls, visits, and store orders.