Part of the issue, and it's a very well-known principle of administrative law, is that you have to match what is potentially at stake, which is a loss of liberty or freedom, to the degree of fairness.
If you look at disciplinary segregation, for example, which this bill would eliminate, you have a really odd situation, because you would have the highest level of due process—which is a hearing before an ICP, an independent chairperson; access to a lawyer; the ability to cross-examine witnesses; and a requirement for a high burden of proof—yet there's no significant loss of liberties, so on that side, it is pretty peculiar that you would maintain the ICP for disciplinary purposes when there's nothing that can be lost, since 30 days in segregation can no longer be imposed by the ICP.
Therefore, I think there's a really good opportunity here to maybe use the pool of ICPs to provide the oversight on something that is “segregation lite”. You still need that due process, and a high level, if you want those SIUs to flourish across the entire system, and then have all maximum security and significant portions of medium security institutions basically become SIUs. You need that independence to validate decisions made by a warden, and those decisions, as you said, if they are valid, could then be validated by an external oversight mechanism.