Committee rejects defining 'solitary confinement'; directs annual report on segregation use

The Joint Standing Committee on Criminal Justice and Public Safety considered LD 405, a proposal that would have defined "solitary confinement" for jails and correctional facilities and tied a statutory reporting trigger to the practice. Committee members heard testimony from advocates, a corrections-policy analyst and sheriffs about the scope and effects of segregation and related special-management housing practices in Maine facilities.

Jan Collins, who testified for reform interests, told the committee that the bill did not prevent necessary separations for safety but would enable the Legislature to establish guardrails. "This bill does not in any way prescribe that...it does not say you can't separate people," Collins said, adding that definitions allow policymakers to determine appropriate limits and carve-outs. Sheriffs and corrections officials urged caution. Penobscot County Sheriff Troy Warren told the committee that county jails already track and check individuals in restrictive housing and warned that a poorly drafted statutory change could produce unhelpful or misleading data.

A central practical disagreement was whether adding a statutory definition of "solitary confinement" would improve oversight or would create legal and operational confusion because Maine law already uses the term "segregation" in multiple places. Committee staff noted the existing statutory structure: segregation is already defined and described in Title 34-A and used in bail-room disciplinary sections; a lone statutory reference still contains the phrase "solitary confinement" as an apparent leftover.

Representative Lukner offered a motion to remove the single statutory reference to "solitary confinement" (a narrow technical change). Representative Ardel led discussion urging that the committee instead require reporting to understand current practice. The committee first voted on the motion to remove the word; that motion failed on a roll call (5 for, 6 against, 2 absent). After further discussion the committee considered an alternate approach proposed by Representative Luckner: require the Department of Corrections and county jails to submit an annual, de-identified report on instances when a person was held in segregation for 22 hours or more in a 24-hour period, listing the number of individuals, number of days and the stated reason. The committee adopted that direction as its report language and specified an annual reporting cycle with a first compilation deadline discussed in the meeting (standard reporting date in committee practice: December 3).

What the record shows: The committee declined to add a statutory definition that would have inserted the term "solitary confinement" into existing corrections law. Instead the committee instructed the Department of Corrections and county jails to compile and deliver an annual report about the use of segregation that meets the committee's parameters: instances where a person was isolated 22 hours or more in a 24-hour period; the count of affected individuals; the length (days) for such placements; and the reason (medical, safety, disciplinary, other). The committee discussed confidentiality and medical privacy; the request was framed to require de-identified data.

Ending: Committee members said they wanted reliable, consistent information so policymakers can evaluate whether legal or policy changes are needed. The department and county jails signaled willingness to work with the committee and with an interagency/professional standards process to clarify definitions and reporting mechanisms before a future legislative decision.