Bill > S1086

This bill introduces a new mechanism for judicial oversight of prisoners held in restrictive housing or conditions more restrictive than the general prison population. Specifically, the bill allows a prisoner, their legal representative, or a staff person acting on the prisoner's behalf to petition a district court for transfer to a less restrictive environment if the prisoner has been in such conditions for more than 72 hours within a 144-hour period. The court must order the transfer if the conditions are not reasonably calculated to promote safety or are inconsistent with the interests of justice. The bill also mandates that detention facilities must inform prisoners of their right to petition and, if requested, file a petition on the prisoner's behalf within 12 hours. If a petition is filed in a court without proper jurisdiction, that court's clerk must forward the petition to the appropriate court. The legislation aims to provide an additional layer of judicial review to prevent prolonged restrictive housing and ensure that prisoners are not subjected to overly restrictive conditions without proper justification, thus potentially protecting prisoners' rights and well-being.

Justice

https://malegislature.gov/Bills/194/S1086