SPONSOR:	Rep. J. Johnson & Sen. Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE JOINT RESOLUTION NO. 5 AS AMENDED BY HOUSE AMENDMENT NO. 1

COMMISSIONING AN INDEPENDENT EXAMINER TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS CONCERNING THE USE OF RESTRICTIVE HOUSING IN DELAWARE CORRECTIONAL FACILITIES.

WHEREAS, Delaware correctional facilities utilize various forms of restrictive housing, including administrative segregation, disciplinary segregation, protective custody and close psychiatric observation, which housing is sometimes referred to as "solitary confinement"; and

WHEREAS, a growing body of research shows that extended periods of solitary confinement may contribute to mental health issues and could present barriers to reentry; and

WHEREAS, the use of restrictive housing in Delaware is not well understood by the public and is largely unaddressed by Delaware law;

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives and the Senate of the 148th General Assembly of the State of Delaware, with the approval of the Governor, that, subject to the availability of appropriated funds for that purpose, the Delaware Department of Correction and the House Corrections Committee shall appoint an independent third party with substantial correctional and mental health experience (the "Expert") from or affiliated with the National Institute of Corrections, the American Correctional Association, the Association of State Correctional Administrators or a similar organization to study and make findings and recommendations concerning the use of restrictive housing in Delaware correctional facilities.

BE IT FURTHER RESOLVED that the Expert shall be appointed and retained pursuant to a professional services agreement with the Delaware Department of Corrections ("DDOC") as soon as possible.

BE IT FURTHER RESOLVED that DDOC shall provide staff and support for the Expert as provided in the professional services agreement.

BE IT FURTHER RESOLVED that the Expert shall be compensated and receive reimbursement as provided in the professional services agreement.

BE IT FURTHER RESOLVED that on or before December 31, 2015, the Expert shall report his or her findings and recommendations (the "Report") to the DDOC,the Chair of the House Corrections Committee, the Chair of the Senate Adult and Juvenile Corrections Committee, and the Governor.

BE IT FURTHER RESOLVED that the Report shall contain detailed findings concerning:

a) The various types and uses of restrictive housing used in Delaware correctional facilities;

b) The DDOC policies and practices relating to restrictive housing, including whether and to what extent detainees and sentenced offenders have access to programs, services and mental health treatment in restrictive housing;

c) The various types and uses of restrictive housing in a sampling of comparable correctional facilities situated in other states;

d) The policies and practices of correctional agencies or facilities in a sampling of other states relating to restrictive housing;

e) The correctional and penological interests furthered by the use of restrictive housing;

f) The existence of medical reports, literature and other materials prepared by mental health or other professionals concerning the negative effects restrictive housing may have on persons diagnosed with serious mental health issues and whether and to what extent those effects present barriers to reentry;

g) Alternatives to the use of restrictive housing; and

h) The structural, financial, operational, staffing and other limitations on the DDOC's ability to implement alternatives to the use of restrictive housing.

BE IT FURTHER RESOLVED that the Report shall contain detailed recommendations for changes to Delaware law or DDOC policy and practices based on the Expert's findings.

BE IT FURTHER RESOLVED that, other than the Report, any information or documents received, produced, composed, drafted or otherwise compiled or collected by the Expert shall not be considered "public records" as defined in §10002 of Title 29.