Solitary Confinement Study and Reform Act of 2014 - Establishes the National Solitary Confinement Study and Reform Commission, which 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: (1) federal, state, and local governments; and (2) communities and social institutions.
Directs the Commission to report report its findings within two years after its initial meeting, including recommended national standards for significantly reducing the use of solitary confinement in the nation's prisons, jails, and juvenile detention facilities. Prohibits the Commission from proposing a standard that would impose substantial additional costs.
Directs the Attorney General, within two years after receiving the Commission's report, to: (1) publish a final rule adopting national standards for the reduction of solitary confinement; and (2) transmit the standards adopted to the appropriate state and local authorities who oversee operations in prisons, jails, or juvenile detention facilities. Makes the standards applicable to the Federal Bureau of Prisons immediately upon adoption of the final rule.
Provides for a 15% reduction in the funds a state would otherwise receive in a fiscal year under a criminal justice or juvenile justice grant program administered by the Attorney General unless the chief executive of the state or pertinent local government official: (1) certifies adoption of and compliance with such national standards, or (2) assures that not less than 5% of such amount shall be used only to enable the adoption of and compliance with such standards. Directs the Attorney General to publish an annual report listing each grantee that is not in compliance with the standards.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4618
To develop and implement national standards for the use of solitary
confinement in the Nation's prisons, jails, and juvenile detention
facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2014
Mr. Richmond (for himself, Mr. Conyers, Mr. Rangel, Mr. Danny K. Davis
of Illinois, Mr. Grijalva, Mr. Cardenas, Mr. Ellison, Ms. Kaptur, Ms.
Bass, Ms. Kelly of Illinois, Mr. Polis, Mr. Hastings of Florida, Ms.
Moore, Ms. Wilson of Florida, Ms. Jackson Lee, Ms. Norton, Mr. Honda,
and Mr. Thompson of Mississippi) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To develop and implement national standards for the use of solitary
confinement in the Nation's prisons, jails, and juvenile detention
facilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Solitary Confinement Study and
Reform Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) develop and implement national standards for the use of
solitary confinement to ensure that it is used infrequently and
only under extreme circumstances;
(2) establish a more humane and constitutionally sound
practice of segregated detention or solitary confinement in the
Nation's prisons;
(3) accelerate the development of best practices and make
reforming solitary confinement a top priority in each prison,
jail, and juvenile detention system at the Federal and State
levels;
(4) increase the available data and information on the
incidence of solitary confinement, consequently improving the
management and administration of correctional and juvenile
justice facilities;
(5) standardize the definitions used for collecting data on
the incidence of solitary confinement;
(6) increase the accountability of prison, jail, and
juvenile corrections officials who fail to design and implement
humane and constitutionally sound solitary confinement
practices;
(7) protect the Eighth Amendment rights of Federal, State,
and local prisoners and juvenile detainees; and
(8) reduce the costs that solitary confinement imposes on
interstate commerce.
SEC. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Solitary Confinement Study and Reform Commission.
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 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;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B);
(D) 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
(E) 1 member appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D).
(2) Persons eligible.--Each member of the Commission shall
be an individual who has knowledge or expertise in matters to
be studied by the Commission.
(3) Consultation required.--The President, the Speaker and
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.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members shall be made not later than 180 days after the date of
enactment of this Act.
(6) Vacancies.--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.
(c) Operation.--
(1) Chairperson.--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.
(2) Meetings.--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.
(3) Quorum.--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.
(4) Rules.--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.
(d) Comprehensive Study of the Impacts of Solitary Confinement.--
(1) In general.--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--
(A) Federal, State, and local governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within
such communities and social institutions.
(2) Matters included.--The study under paragraph (1) shall
include--
(A) 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;
(B) an assessment of the relationship between
solitary confinement and prison, jail, and juvenile
detention facility conditions and existing monitoring,
regulatory, and enforcement practices;
(C) an assessment of the characteristics of
prisoners and detainees most likely to be referred to
solitary confinement and the effectiveness of various
types of treatment or programs to reduce such
likelihood;
(D) an assessment of the impacts of solitary
confinement on individuals, families, social
institutions, and the economy generally;
(E) an identification of additional scientific and
social science research needed on the prevalence of
solitary confinement in Federal, State, and local
prisons, jails, and juvenile detention centers as well
as a full assessment of existing literature;
(F) an assessment of the general relationship
between solitary confinement and mental illness;
(G) an assessment of the relationship between
solitary confinement and levels of training,
supervision, and discipline of corrections staff; and
(H) an assessment of existing Federal and State
systems for collecting and reporting the number and
duration of solitary confinement incidents in prisons,
jails, and juvenile detention facilities nationwide.
(3) Report.--
(A) Distribution.--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--
(i) the President;
(ii) the Congress;
(iii) the Attorney General of the United
States;
(iv) the Secretary of Health and Human
Services;
(v) the Director of the Federal Bureau of
Prisons;
(vi) the Administrator of the Office of
Juvenile Justice and Delinquency Prevention;
(vii) the chief executive of each State;
and
(viii) the head of the department of
corrections of each State.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) the findings and conclusions of the
Commission;
(ii) the recommended national standards for
reducing the use of solitary confinement
described in subsection (e); and
(iii) a summary of the materials relied on
by the Commission in the preparation of the
report.
(e) Recommendations.--
(1) In general.--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 the Nation's prisons, jails, and
juvenile detention facilities.
(2) Matters included.--The information provided under
paragraph (1) shall include recommended national standards
relating to--
(A) how authorities can progress toward
significantly limiting the utilization of solitary
confinement so that a prisoner or detainee may be
placed in solitary confinement only when the safety or
security of the facility or another person is at
imminent risk, during an ongoing disciplinary
investigation concerning an adult prisoner, or to
punish an adult prisoner for an extremely serious
disciplinary infraction;
(B) methods that can be employed to ensure that the
duration of solitary confinement of a prisoner at an
institution can be limited to fewer than 30 days in any
45-day period, except in a case in which the head of a
corrections facility makes an individualized
determination that prolonged solitary confinement of
the prisoner for a serious disciplinary infraction is
necessary for the order or security of the institution
or a prisoner requests such placement;
(C) ensuring that prior to being classified,
assigned, or subject to long-term solitary confinement,
an adult 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;
(D) ensuring that indefinite sentencing of an adult
prisoner to long-term solitary confinement will not be
allowed and that the prisoner will be afforded a
meaningful review of the confinement at least once
every 30 days that the prisoner remains in solitary
confinement and that 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;
(E) ensuring that corrections authorities design
and implement programming that allows adult prisoners
subject to long-term solitary confinement to earn
placement in less restrictive housing through positive
behavior;
(F) limiting the use of involuntary solitary
confinement for the purpose of protective custody
solely because of a personal characteristic that makes
the prisoner particularly vulnerable to harm, including
age, gender identity, race, or religion;
(G) ensuring that corrections authorities improve
access to mental health treatment for prisoners and
juvenile detainees in solitary confinement;
(H) ensuring that corrections authorities work
toward systems wherein prisoners and juvenile detainees
diagnosed by a qualified mental health professional
with a serious mental illness shall not be held in
long-term solitary confinement;
(I) ensuring that corrections authorities do all
that is feasible to make certain that prisoners and
juvenile detainees younger than 18 years of age shall
not be held in solitary confinement for any duration,
except under extreme emergency circumstances;
(J) ensuring that corrections authorities develop
alternative methods to manage issues with juvenile
detainees and prisoners under 18 other than solitary
confinement; and
(K) such other matters as may reasonably be related
to the goal of reducing solitary confinement in the
Nation's prisons.
(3) Limitation.--The Commission shall not propose a
recommended standard that would impose substantial additional
costs compared to the costs presently expended by Federal,
State, and local corrections authorities and shall seek to
propose standards that reduce the costs of incarceration to
these authorities.
(f) Consultation With Accreditation Organizations.--In developing
recommended national standards for the reduction of solitary
confinement, 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
Federal, State, local, or private corrections facilities, that have
developed or are currently 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 currently developing standards related to
solitary confinement.
(g) Hearings.--
(1) In general.--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.
(2) Witness expenses.--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.
(h) Information From Federal or State Agencies.--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.
(i) Personnel Matters.--
(1) Travel expenses.--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.
(2) Detail of federal employees.--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.
(3) Procurement of temporary and intermittent services.--
Upon the request of the Commission, the Attorney General shall
provide reasonable and appropriate office space, supplies, and
administrative assistance.
(j) Contracts for Research.--
(1) National institute of justice.--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.
(2) Other organizations.--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.
(k) Termination.--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.
(l) Exemption.--The Commission shall be exempt from the Federal
Advisory Committee Act.
SEC. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) Publication of Standards.--
(1) Final rule.--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 the Nation's prisons,
jails, and juvenile detention centers.
(2) Independent judgment.--The standards referred to in
paragraph (1) shall be based upon the independent judgment of
the Attorney General, after giving due 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.
(3) Limitation.--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, State, and local corrections authorities.
The Attorney General may, however, provide a list of
improvements for consideration by correctional facilities.
(4) Transmission to states.--Within 90 days of 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 prisons, jails, or juvenile detention
facilities.
(b) Applicability to Federal Bureau of Prisons.--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).
(c) Eligibility for Federal Funds.--
(1) Adoption of national standards.--For each fiscal year,
any amount that a State would otherwise receive for prison,
jail, and juvenile detention purposes for that fiscal year
under a grant program covered by paragraph (2) shall be reduced
by 15 percent unless the chief executive of the State or
pertinent local government official submits to the Attorney
General--
(A) a certification that the State or local
government has adopted, and is in full compliance with,
the national standards described in subsection (a)(1);
or
(B) an assurance that not less than 5 percent of
such amount shall be used only for the purpose of
enabling the State or local government to adopt, and
achieve full compliance with, those national standards,
so as to ensure that a certification under subparagraph
(A) may be submitted in future years.
(2) Covered programs.--
(A) In general.--A grant program is covered by this
subsection if--
(i) the program is carried out by or under
the authority of the Attorney General; and
(ii) the program may provide amounts to
States or local governments for criminal
justice or juvenile justice purposes.
(B) List.--For each fiscal year, the Attorney
General shall prepare a list identifying each program
that meets the criteria of subparagraph (A) and make
such list available to each State and local government.
(3) Report on noncompliance.--Not later than September 30
of each year, the Attorney General shall publish a report
listing each grantee that is not in compliance with the
national standards adopted pursuant to subsection (a)(1).
(4) Redistribution of amounts.--Amounts under a grant
program not granted by reason of a reduction under paragraph
(1) shall be granted to one or more entities not subject to
such reduction or such prohibition, subject to the other laws
governing that program.
(5) Implementation.--The Attorney General shall establish
procedures to implement this subsection, including procedures
for effectively applying this subsection to discretionary grant
programs.
(6) Effective date.--The programs covered under paragraph
(2) shall be subject to decreases under this Act in the second
fiscal year that commences after the date the Attorney General
issues the final rule under subsection (a)(1).
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Commission.--The term ``Commission'' means the National
Solitary Confinement Study and Reform Commission established
under section 3 of this Act.
(3) Long-term.--The term ``long-term'' means any period
lasting more than 30 days, consecutive or nonconsecutive, in
any 45-day period.
(4) Qualified mental health professional.--The term
``qualified mental health professional'' means a psychiatrist,
psychologist, psychiatric social worker, licensed professional
counselor, psychiatric nurse, or another individual who, by
virtue of education, credentials, and experience, is permitted
by law to evaluate and provide mental health care.
(5) Serious mental illness.--The term ``serious mental
illness'' means a substantial disorder that--
(A) significantly impairs judgment, behavior, or
capacity to recognize reality or cope with the ordinary
demands of life; and
(B) is manifested by substantial pain or
disability, the status of being actively suicidal, a
severe cognitive disorder that results in significant
functional impairment, or a severe personality disorder
that results in significant functional impairment.
(6) Solitary confinement.--The term ``solitary
confinement'' means confinement of a prisoner or juvenile
detainee in a cell or other place, alone or with other persons,
for approximately 22 hours or more per day with severely
restricted activity, movement, and social interaction.
(7) Corrections.--The term ``corrections'' includes
prisons, jails, and juvenile detention facilities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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