Sec. 3. Ending solitary confinement and establishing minimum standards
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Chapter 301 of title 18, United States Code, is amended by adding at the end the following: Except in the circumstances described in paragraph (2)(B), placement of a person incarcerated in a Federal facility in solitary confinement shall be prohibited. Except as provided in subparagraphs (B)(iii), (B)(iv), and (B)(v), all persons incarcerated in a Federal facility, regardless of housing unit or detention status, shall have access to at least 14 hours per day of out-of-cell congregate interaction in a shared space, without physical barriers, that is conducive to meaningful group interaction, including access to— at least 7 hours daily of structured out-of-cell, congregate programming led by a staff member, incarcerated person, or community member, including access to educational, vocational, volunteer, mental health, violence prevention, alcohol and substance use treatment, financial, religious, and reentry programming; at least 1 hour daily of out-of-cell congregate recreation; and other unstructured out-of-cell congregate activities, including time in a day room or equivalent space, meals, library and law library, legal visits, social and legal telephone calls, contact social visitation without physical barriers, and personal property and commissary.
A person incarcerated in a Federal facility shall not be placed in solitary confinement unless such placement is necessary— at night for count or sleep, not to exceed 8 hours in any 24-hour period; during the day for count or required facility business that can only be carried out while a person incarcerated in a Federal facility is placed in a cell, not to exceed 2 hours in any 24-hour period; for purposes of medical quarantine or medical isolation, only if done in a medical unit overseen by health care staff, for as limited a time as medically necessary as determined by health care staff, and with comparable access as individuals incarcerated in the general population to phone calls, emails, and programming at a physical distance determined appropriate by health care staff; in an emergency situation as a last resort, only if necessary to deescalate immediate circumstances that pose a specific and significant risk of imminent serious physical injury to an individual, staff, or other incarcerated persons, and for as short a time as necessary to deescalate such circumstances, not to exceed 4 hours total immediately following such emergency situation, 4 hours total in any 24-hour period, or 12 hours total in any 7-day period, and subject to subparagraphs
(C)and (D); or as part of a Federal agency-wide, facility-wide, or partial facility-wide lockdown, only if a head of a facility or agency has determined such lockdown is necessary to deescalate an emergency that involves several incarcerated persons and poses a specific and significant risk of imminent serious physical injury to the staff or incarcerated persons, only when there are no less restrictive means to address an emergency, as a last resort after exhausting less restrictive measures, confined to as narrow an area as possible and to as limited number of people as possible, reviewed every hour by the head of the facility or agency, with notification provided to the agency regional or field office, or equivalent office responsible for oversight of the facility, beginning at the time the lockdown reaches 2 hours, and lifted as quickly as possible, not to exceed 4 hours total from the start of the lockdown, 4 hours total in any 24-hour period, or 12 hours total in any 7-day period. For placements pursuant to subparagraph (B)(iv), facility staff shall meet with the person at least once an hour to attempt deescalation, work toward their release from such confinement, and determine whether it is necessary to continue to hold the person in such confinement, and for all placements pursuant to subparagraphs (B)(iv) and (B)(v), health care staff must conduct a thorough medical, mental health, social, and behavioral assessment upon admission to such placement, conduct meaningful check-ins every 15 minutes to engage with the person in custody, evaluate and treat any urgent health needs, and attempt any deescalation. If health care staff determines the person should be removed from such confinement for assessment or treatment purposes, or because of a negative impact of such confinement, the person shall be removed to an appropriate setting as determined by health care staff. No person may be involuntarily confined in their cell under subparagraph (B)(iv) who— is aged 25 or younger; is aged 55 or older; has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); has any diagnosed mental health need; is pregnant, in the first 8 weeks of the postpartum recovery period, or caring for a child in a facility program; or has identified as or is known or perceived by any facility staff to be lesbian, gay, bisexual, transgender, intersex, or gender nonconforming. If a Federal facility determines that an individual must be separated from the general facility population, including any placement in protective custody, for any reasons other than, or in a manner other than as provided under subparagraphs (B)(iii), (B)(iv), and (B)(v) of this section, such separation in an alternative unit must— comply with subparagraphs
(A)and
(F)of this paragraph, and paragraphs (3), (4), and
(5)of this subsection; and provide access to out-of-cell, congregate, trauma-informed, therapeutic programming aimed at promoting personal development, addressing underlying causes of problematic behavior resulting in the alternative unit placement, and helping prepare for discharge from the unit to the general population and to the community. In all Federal facilities, no limitation on services, programming, treatment, contact visitation, phone calls, email, mail, or basic needs such as clothing, food, or bedding shall be imposed as a form of punishment, discipline, or for any other reason. No involuntary restricted diets or any other involuntary change in diet shall be imposed as a form of punishment, discipline, or for any other reason. Nor shall approved personal property be confiscated as a form of punishment, discipline, or for any other reason. The reasons and procedures for placement in protective custody shall be subject to the regulations, rules, standards, and procedures (or any successors thereof) applicable to each Federal agency. All hearings under such regulations shall comply with paragraph (4). The conditions for all people in protective custody shall comply with subparagraphs (A), (E), and
(F)of paragraph (2), and paragraph (5). The placement of an incarcerated individual in an alternative unit shall be meaningfully reviewed at least within the first 15 days after placement and at least every 15 days thereafter by a multidisciplinary team, including program and health care staff, to determine whether the incarcerated person’s release to the general facility population continues to present a specific and significant risk of imminent serious physical injury to the individual, staff, or other incarcerated persons. If a person is not discharged from such housing at such a review, they shall promptly receive in writing the reasons for the determination and the program, treatment, service, or corrective action required before discharge. The incarcerated person shall be given access to the programs, treatment, and services specified, and shall be permitted to be discharged from such housing if the person so chooses and does not engage in behavior that presents a specific and significant risk of imminent serious physical injury to the individual, staff, or other incarcerated persons during the subsequent 15 days. Other than for purposes of protective custody, or upon the individual’s written request, no person may be held in an alternative unit for more than 60 days in any 6-month period. No person may be placed in an alternative unit for an act or incident for which they were previously placed in such unit. Other than separation of individuals in protective custody or for purposes of confinement under paragraphs (2)(B)(iii), (2)(B)(iv), and (2)(B)(v), no person incarcerated in a Federal facility may be placed in an alternative unit unless and until it is determined in writing following a placement hearing that clear and convincing evidence shows the person committed one of the following acts at the time placement is sought, and the specific circumstances of the acts were so heinous or destructive that placement of the individual in general facility housing creates a specific and significant risk of imminent serious physical injury to staff or other incarcerated persons: Causing or attempting to cause serious physical injury or death to another person. Compelling or attempting to compel another person, by force or threat of force, to engage in a sexual act. Leading, organizing, inciting, or attempting to cause a riot, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or serious physical harm to another person. Escaping, attempting to escape or facilitating an escape from a facility or escaping, attempting to escape or facilitating an escape while under supervision outside such facility. Each placement hearing shall be conducted by a neutral decision maker. For all placement hearings involving placement in Federal Bureau of Prisons facilities or facilities contracting with the Federal Bureau of Prisons or United States Marshals Service for incarcerating people in their care or custody, the neutral decision maker shall be appointed by the Assistant Attorney General for Civil Rights, employed by the Department of Justice but independent of any division or unit within the Department of Justice that has people in its care or custody or engages in any prosecuting activities, any other Federal agency, and any prosecuting entity. For all placement hearings involving placement in U.S. Immigration and Customs Enforcement, Department of Homeland Security, or U.S. Customs and Border Protection facilities, or facilities contracting with U.S. Immigration and Customs Enforcement, the Department of Homeland Security, or U.S. Customs and Border Protection for incarcerating people in their care or custody, the neutral decision maker shall be appointed by the Officer for Civil Rights and Civil Liberties, employed by the Department of Homeland Security but independent of the Office for Civil Rights and Civil Liberties, any division or unit within the Department of Homeland Security that has people in its care or custody or engages in any prosecuting activities, any other Federal agency, and any prosecuting entity. For all placement hearings involving placement in Department of Health and Human Services facilities or facilities contracting with the Department of Health and Human Services for incarcerating people in their care or custody, the neutral decision maker shall be appointed by the Director of the Office for Civil Rights, employed by the Department of Health and Human Services but independent of the Office for Civil Rights, any division or unit within the Department of Health and Human Services that has people in its care or custody, any other Federal agency, and any prosecuting entity. At any placement hearing, the incarcerated person shall be permitted to offer documentary and testimonial evidence, cross-examine witnesses, and present any mitigating evidence, justification evidence, or other relevant evidence helpful in aiding the incarcerated person’s defense. At such a hearing, the incarcerated person shall be permitted to represent themselves or be represented by any attorney, law student, paralegal, community advocate, or other incarcerated person of their choosing. If a person does not have their own representative, they shall be offered the assistance of a representative as follows: For all placement hearings described in subparagraph (C), if an incarcerated person does not select their own representative, an appointed representative shall be selected by the Assistant Attorney General for Civil Rights, employed by the Department of Justice, and independent of any division or unit within the Department of Justice that has people in its care or custody or engages in any prosecuting activities, any other Federal agency, and any prosecuting entity. For all placement hearings described in subparagraph (D), if an incarcerated person does not select their own representative, an appointed representative shall be selected by the Officer for Civil Rights and Civil Liberties, employed by the Department of Homeland Security, and independent of the Office for Civil Rights and Civil Liberties, any division or unit within the Department of Homeland Security that has people in its care or custody or engages in any prosecuting activities, any other Federal agency, and any prosecuting entity. For all placement hearings described in subparagraph (E), if an incarcerated person does not select their own representative, any appointed representative shall be selected by the Director of the Office for Civil Rights, employed by the Department of Health and Human Services, and independent of the Office for Civil Rights, any division or unit within the Department of Health and Human Services that has people in its care or custody, any other Federal agency, and any prosecuting entity. Not less than 2 days prior to any placement hearing, both the incarcerated person and their chosen representative shall be provided detailed written notice of the reason for proposed placement in an alternative unit including all relevant evidence, during which time the person shall not, other than for purposes of protective custody, be placed in such alternative unit. The individual and their chosen representative shall be provided adequate time to prepare for such hearings and afforded adjournments as appropriate. Any refusal by an incarcerated person to attend such hearings shall be videotaped and made part of the evidentiary record that shall be maintained by the relevant federal agency. Failure to provide the notice described herein or to enter into the record videotaped evidence of an alleged refusal to attend by an incarcerated person shall constitute a basis for resolving the hearing in that person’s favor. The neutral decision maker shall issue a written determination within 5 business days of the conclusion of the placement hearing. Any finding that an incarcerated person meets the criteria of placement in an alternative unit in subparagraph
(A)shall be supported by clear and convincing evidence. The determination shall specify the finding, a summary of each witness’s testimony and an explanation of whether their testimony was credited or rejected, the evidence relied upon in reaching the finding, and the placement imposed, if any. A copy of the determination shall be provided to the incarcerated person and their chosen representative within 24 hours of the issuance of the determination. No person incarcerated in a Federal facility shall be placed in restraints unless subject to the following provisions: Subparagraph
(A)shall not apply if facility staff make an individualized determination at the time of, or immediately following, an incident precipitating placement in restraints that such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the individual, other incarcerated persons, or staff based on concrete evidence of such risk. The least restrictive form of restraints shall be used for no longer than necessary to abate such specific and significant risk of imminent serious physical injury, and in no circumstances shall continue beyond 4 hours unless a supervisory medical provider determines that such restraints are necessary to prevent such risk. Restraints shall not be used on the same individual on consecutive days unless a placement hearing with protections established under paragraphs
(3)and
(4)establishes such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the individual, other incarcerated persons, or staff based on concrete evidence of such risk, and subject to the same limitations each day as set forth in this paragraph. Any repeated use of restraints approved at such a due process hearing shall be no longer than 3 days, subject to the same limitations each day as set forth in this paragraph, meaningfully reviewed by a supervisory medical provider at least daily, and discontinued once restraints are no longer necessary to prevent a specific and significant risk of imminent serious physical injury to the individual, other incarcerated persons, or staff. Once an approved use of restraints has been discontinued, any subsequent use of restraints on that person shall only be permitted to address a new incident and upon the same requirements under this paragraph. Special administrative measures shall be prohibited in all Federal facilities. Within 15 days of the end of each quarter of the fiscal year, each Federal agency shall report on the website of such Federal agency the following: The total number of incidents at each facility operated by the Federal agency during the preceding quarter of self-harm, suicide attempts, and suicide, disaggregated by race, age, gender identity, documented mental health status, documented disability, pregnancy or postpartum status, identification as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming, type of housing unit including confinement under subsections (a)(2)(B)(iii), (a)(2)(B)(iv), (a)(2)(B)(v), any alternative units, and length of time in such housing unit. The total number of placements at each facility during the preceding quarter, separately listed, in confinement under subsections (a)(2)(B)(iii), (a)(2)(B)(iv), and (a)(2)(B)(v), in protective custody under subsection (a)(2)(E), and in any other alternative units under subsection (a)(2)(E) during that quarter. The total number of people at each facility on the last day of each quarter, separately listed, in confinement under subsections (a)(2)(B)(iii), (a)(2)(B)(iv), and (a)(2)(B)(v), in protective custody under subsection (a)(2)(E), and in any other alternative units under (a)(2)(E), disaggregated by race, age, gender identity, documented mental health status, documented disability, pregnancy or postpartum status, identification as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming, and reason for placement. The total number of placements at each facility during the preceding quarter, separately listed, for which confinement under subsections (a)(2)(B)(iv) and (a)(2)(B)(v) lasted for less than 1 hour, between 1 and 2 hours, between 2 and 3 hours, between 3 and 4 hours, and for longer than 4 hours, with a listing of the length of time of each placement that exceeded 4 hours. The total number of people at each facility who had reached a total period of time during the preceding quarter, separately listed, in confinement under (a)(2)(B)(iii), in protective custody under subsection (a)(2)(E), and in any other alternative units under (a)(2)(E) of less than 7 days, between 8 days and 15 days, between 16 days and 30 days, between 31 days and 45 days, between 46 days and 60 days, and for longer than 60 days, with a listing of the length of time of each person who had reached a period of time during the preceding quarter that exceeded a total of 60 days in such confinement or housing. Any person who is injured by a violation of subsection
(a)may bring a civil action in the appropriate United States district court against any person, entity, or any other relevant party who violated such subsection for declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place if that facility, building, or unit is in repeated and systemic noncompliance with this Act, and for such money damages as the court determines appropriate, including for emotional pain and suffering. The court may, in addition, award reasonable attorney’s fees and costs of the action to a prevailing plaintiff. No Federal agency shall be liable for a Federal agency-wide, facility-wide, or partial facility-wide lockdown that exceeded the 4-hour limit in subsection (a)(2)(B)(v) if the agency can demonstrate that— the lockdown, and the length of the time of the lockdown, was necessary to address unexpected, extraordinary circumstances involving the detonation of an explosive device, an acute mass contamination or contagion situation, a violent riot, revolt, or insurrection involving a large number of people that resulted in the taking of a hostage, major property damage, or serious physical harm to a person, or other similar emergency of the same magnitude involving a large group of people; the head of facility who authorized the lockdown complied with all notification requirements, and received approval from the agency regional or field office, or equivalent office responsible for oversight of the facility, at the time the lockdown lasted longer than 4 hours; the head of the applicable Federal agency approved of the lockdown if the lockdown exceeded 8 hours and the approval occurred at that time; the lockdown was ended as quickly as possible, did not last longer than necessary to address the unexpected, extraordinary circumstances, and did not exceed 24 hours; and the lockdown was not used as a substitute for medical isolation or quarantine nor individual lock-ins pursuant to subsections (a)(2)(B)(iii) and (a)(2)(B)(iv), nor as a way to circumvent the time limits or protections for people held under those subsections. Any person who is injured by a violation of the U.S. Constitution by a Federal official or person contracting with a Federal agency in a Federal facility may bring a civil action in the appropriate United States district court against any person, entity, or relevant party who violated such constitutional provision for declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place, and for such money damages as the court determines appropriate, including for emotional pain and suffering. The court may, in addition, award reasonable attorney’s fees and costs of the action to a prevailing plaintiff. . The table of contents for chapter 301 of title 18, United States Code, is amended by inserting after the item relating to section 4014 the following: 4015. Ending solitary confinement and establishing minimum standards. .
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Sec. 3
Ending solitary confinement and establishing minimum standards
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