Sec. 4. Adoption and effect of national standards
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/bill/116/hr/4488/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than two years after receiving the report specified in section (3)(d)(3), the Attorney General shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities. The standards referred to in paragraph
(1)shall be based upon the independent judgment of the Attorney General, after giving consideration to the recommended national standards provided by the Commission under section 3(e), and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider. The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. The Attorney General may, however, provide a list of improvements for consideration by correctional facilities. Not later than 90 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. The national standards referred to in subsection
(a)shall apply to the Federal Bureau of Prisons immediately upon adoption of the final rule under subsection (a)(1). Beginning in the second fiscal year that begins after the date on which the Attorney General issues the final rule under subsection (a)(1), in the case of a State or unit of local government that is not in compliance with the national standards described in subsection (a)(1), the Attorney General shall reduce by 5 percent the amount that such State or unit of local government would otherwise receive under subpart 1 of part E of the Omnibus Crime and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.).
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Sec. 4
Adoption and effect of national standards
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