Sec. 3. National solitary confinement study and reform commission
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/bill/116/hr/4488/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established a commission to be known as the National Solitary Confinement Study and Reform Commission. The Commission shall be composed of 9 members, of whom— 3 shall be appointed by the President; 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)).
Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. The President, the Speaker, and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult with one another prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.
Each member shall be appointed for the life of the Commission. The appointment of the members shall be made not later than 180 days after the date of enactment of this Act. A vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall be made not later than 60 days after the date on which the vacancy occurred. Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members.
The Commission shall meet at the call of the chairperson. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this Act or other applicable law.
The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on— Federal, State, and local governments; and communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. The study under paragraph
(1)shall include— a review of existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; an assessment of the relationship between solitary confinement and correctional facility conditions, and existing monitoring, regulatory, and enforcement practices; an assessment of the characteristics of prisoners and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood; an assessment of the impacts of solitary confinement on individuals, families, social institutions, and the economy generally; an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature; an assessment of the general relationship between solitary confinement and mental illness; an assessment of the relationship between solitary confinement and levels of training, supervision, and discipline of the staff of correctional facilities; and an assessment of existing Federal and State systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide. Not later than two years after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to— the President; the Congress; the Attorney General of the United States; the Secretary of Health and Human Services; the Director of the Federal Bureau of Prisons; the Administrator of the Office of Juvenile Justice and Delinquency Prevention; the chief executive of each State; and the head of the department of corrections of each State. The report under subparagraph
(A)shall include— the findings and conclusions of the Commission; the recommended national standards for reducing the use of solitary confinement described in subsection (e); and a summary of the materials relied on by the Commission in the preparation of the report. As part of the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities. The information provided under paragraph
(1)shall include recommended national standards relating to— how authorities can progress toward significantly limiting the utilization of solitary confinement so that a prisoner may be placed in solitary confinement only under extreme emergency circumstances, as a last resort, for as short a time as possible, subject to independent review, and pursuant to the authorization of a competent authority; methods that can be employed to ensure that the duration of solitary confinement of a prisoner at an institution can be limited to no more than 15 consecutive days in a 60-day period, except that if the head of a correctional facility makes an individualized determination that the prisoner cannot be safely returned to the general population, the head of the correctional facility may continue to segregate the prisoner from the general population without the use of solitary confinement and in accordance with the United Nations Standard Minimum Rules on the Treatment of Prisoners; ensuring that prior to being classified, assigned, or subject to long-term segregation, a prisoner shall be entitled to a meaningful hearing on the reason for and duration of the confinement and have access to legal counsel for such hearings; ensuring that indefinite sentencing of a prisoner to long-term segregation will not be allowed and that the prisoner will be afforded a meaningful review of the segregation at least once every 30 days that the prisoner remains in segregation and that correctional facility officials must record and provide a transcript of the review proceedings for the prisoner under review to the prisoner or the prisoner’s designee; ensuring that correctional facility officials design and implement programming that allows prisoners subject to long-term segregation to earn placement in less restrictive housing through positive behavior; ensuring that protective custody and other custody designations designed to protect vulnerable prisoners, regardless of the reason for vulnerability, are not characterized by solitary confinement or other type of isolation conditions, and that prisoners placed in protective custody have access to programs, privileges, education, and work opportunities commensurate with general population prisoners to the extent possible; ensuring that correctional facility officials improve access to mental health treatment for prisoners in solitary confinement; ensuring that correctional facility officials work toward systems wherein prisoners diagnosed by a qualified mental health professional with a serious mental illness are not held in long-term solitary confinement; ensuring that correctional facility officials do all that is feasible to make certain that prisoners are not held in solitary confinement for any duration; ensuring that correctional facility officials develop alternative methods to manage issues with prisoners other than solitary confinement; ensuring that correctional facility officers do all that is feasible to make certain that prisoners with mental health, physical, or cognitive disabilities are not held in solitary confinement for any duration; ensuring that correctional facility officers do all that is feasible to make certain that pregnant and post-partum women are not held in solitary confinement for any duration; ensuring that correctional facility officers work towards systems that limit the circumstances and conditions under which juveniles are placed in solitary confinement, in compliance with section 5043 of title 18, United States Code; and such other matters as may reasonably be related to the goal of reducing solitary confinement in correctional facilities. The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. In developing recommended national standards for the reduction of solitary confinement under subsection (e), the Commission shall consider any standards that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of correctional facilities that have developed or are developing standards related to solitary confinement. The Commission shall also consult with national associations representing the corrections profession, the legal profession, the medical profession, or any other pertinent professional body that has developed or is developing standards related to solitary confinement. The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section. Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. With the affirmative vote of 2⁄3 of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. Upon the request of the Commission, the Attorney General shall provide reasonable and appropriate office space, supplies, and administrative assistance. With a 2⁄3 affirmative vote, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this Act. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. Nothing in this subsection shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. The Commission shall be exempt from the Federal Advisory Committee Act.