Solitary Confinement Reform Act of 2022
This bill limits the use of restrictive housing (such as solitary confinement) in certain prison facilities. These facilities are those under the jurisdiction of (1) the Bureau of Prisons, (2) the Department of Defense, or (3) a state or local government in which persons are held in custody pursuant to a contract or agreement with the federal government and the facility receives federal funds for law enforcement purposes.
For example, the bill specifies that inmates shall be housed in the least restrictive setting necessary for safety purposes. It also requires that inmates remain in restrictive housing for no longer than necessary to address each specific reason for such placement.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7424 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7424
To reduce instances of placement of inmates in restrictive housing, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2022
Mr. Gohmert introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reduce instances of placement of inmates in restrictive housing, and
for other purposes.
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 ``Solitary Confinement Reform Act of
2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Restrictive housing takes many forms, and the
experience in segregation can vary considerably depending on
certain external factors, such as the length of stay,
conditions of confinement, and degree of social isolation, as
well as factors specific to each confined person, such as age
and psychological resiliency.
(2) Confined individuals located in restrictive housing
broadly express severe psychological disturbances with lasting
detrimental consequences as a result of their experience in
security housing units. The Stanford Lab's interviews revealed
a range of common impairments and adverse consequences
associated with long-term, indefinite incarceration.
(3) The majority of confined members endorsed feeling mood
symptoms consistent with the Diagnostic and Statistical Manual
of Mental Disorders (DSM 5) diagnosis of Major Depressive
Disorder, including depressed mood, hopelessness, anger,
irritability, anhedonia, anger, fatigue, feelings of guilt,
loss of appetite, and insomnia.
(4) Nearly all members also endorsed a sense of anxiety
symptoms characteristic of DSM 5 diagnoses of panic disorder,
traumatic stress disorders, and/or obsessive-compulsive
disorders, such as nervousness, worry, increased heart rate and
respiration, sweating, muscle tension, hyperarousal, paranoia,
nightmares, intrusive thoughts, and fear of losing control.
(5) Psychiatric symptoms and diminished capacity for
socialization continue to cause psychological suffering and
problems with social function for most of the men now in
general population.
(6) Confined members cited emotional numbing and
desensitization as some of the most common responses to living
in SHU.
(7) This sense of emotional suppression and dysregulation
continues to be problematic for prisoners following the
transition to the general population. Class members also
reported significant alterations in cognition and perception.
(8) Problems with attention, concentration, and memory were
common, and described as persistent and worsening.
(9) Some of the most pronounced and enduring effects of
long-term isolation appeared to have resulted from relational
estrangement and social isolation; prisoners frequently
reported losing, over time, the motivation to seek social
connection.
SEC. 3. LIMITATIONS ON CONFINEMENT.
(a) In General.--Inmates shall be housed in the least restrictive
setting necessary to ensure their own safety, as well as the safety of
staff, other inmates, and the public.
(b) Reasoning.--The head of a covered facility shall clearly
articulate each specific reason for an inmate's placement and retention
in restrictive housing. Each such reason shall be supported by
objective evidence that such placement and retention is necessary--
(1) for prison safety or order;
(2) to prevent gang influence;
(3) for inmate or staff protection; and
(4) such other penological purpose as the head of such
facility may determine is appropriate.
(c) Penological Purpose.--Restrictive housing may only be used to
eliminate or mitigate a specific facility threat such as a fight
between inmates or the threat of imminent danger to inmates or staff.
(d) Limitation.--
(1) In general.--Inmates shall remain in restrictive
housing for no longer than necessary to address each specific
reason for such placement.
(2) Punishment.--Inmates may not be placed in restrictive
housing--
(A) as a form of punishment or deterrence;
(B) for low-level offenses that do not involve
physical violence to staff or inmates; or
(C) for more than 5 days as a part of a routine
investigation or more than 15 days as part of a non-
routine investigation, as determined by the Official
concerned, absent documented extenuating circumstances.
SEC. 4. REVIEW OF PLACEMENT.
(a) In General.--An institutional review panel of a covered
facility shall review the placement of an inmate in restrictive housing
not later than 15 days after such placement and not less than every 15
days thereafter until such time as the inmate is removed from
restrictive housing.
(b) Removal Plan.--The head of each covered facility shall make a
plan for the return of the inmate to less restrictive conditions and
shall share such plan with the inmate, unless sharing such plan would
put the health and safety of the inmate, staff, other inmates, or the
public at risk.
SEC. 5. EMPLOYEE TRAINING.
(a) In General.--The Official concerned shall ensure that the staff
of each facility is trained on use of force and restrictive housing
policies not less than quarterly.
(b) Housing Policy Training.--The Official concerned shall ensure
that the staff of each covered facility complies with restrictive
housing policies and that such policies are reflected in employee
evaluation systems.
(c) Standing Committees.--
(1) In general.--The Official concerned shall establish in
each covered facility a standing committee, consisting of high-
level correctional officials, active or retired, to regularly
evaluate existing restrictive housing policies.
(2) Duties.--Each standing committee shall--
(A) review use of force and abuse allegations to
include body cam footage and closed-circuit video
footage of any use of force or abuse allegation;
(B) submit redacted written recommendations on
preventing unlawful use of force or abuse to--
(i) the Department of Justice;
(ii) the Committees on the Judiciary of the
House of Representatives and the Senate; and
(iii) the Committees on Armed Services of
the House of Representatives and the Senate;
and
(C) assist covered facilities in developing safe
and effective alternatives to restrictive housing and
share with other covered facilities and State prison
facilities best practices for use of force to ensure
safety for staff and confined individuals.
SEC. 6. GRADUAL RETURN TO GENERAL POPULATION.
(a) In General.--Absent a compelling reason as determined by the
Official concerned, the head of a covered facility may not release
inmates directly from restrictive housing to the general inmate
population.
(b) Graduated System.--The head of a covered facility shall consult
with mental health professionals to ensure that shock of removal from
isolation will not cause harm to the confined individual or the general
inmate population.
SEC. 7. ENRICHMENT OPPORTUNITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, each Official concerned shall establish policies
to increase the minimum amount of time inmates in restrictive housing
spend outside their cells to 3 hours per day, including weekends and
holidays, and to offer enhanced in-cell opportunities.
(b) Minimum Restraint.--The Official concerned shall afford to
individuals in restrictive housing educational opportunities, using the
minimum amount of protective restraint necessary to ensure safety of
staff, population, and educational professionals.
(c) Out-of-Cell Time.--The Official concerned shall make available
to the inmates opportunities for recreation, education, clinically
appropriate treatment therapies, skill-building, and social interaction
with staff and other inmates.
(d) Lower-Risk Individuals.--The Official concerned shall ensure
that lower-risk individuals may conduct recreation time in such group
size as the facility determines appropriate.
(e) Expansion.--The Official concerned shall increase the ability
of covered facilities to divert inmates with serious mental illness to
mental health treatment programs or facilities when needed to serve the
interest of the facility and the inmate.
(f) Final Days of Imprisonment.--The Official concerned shall
establish policies to--
(1) prohibit the placement of inmates in restrictive
housing during the final 180 days of the term of imprisonment
of such inmate; and
(2) provide targeted re-entry programming for inmates who
require restrictive housing during the such final 180-day
period.
(g) Posting Policies.--The head of each covered facility shall post
the policies established under subsection (a) in an area of the
facility that is frequented by inmates and staff.
(h) Statistics.--The Official concerned shall publish system-wide
restrictive housing statistics on a monthly basis on the website of the
agency under that Official's jurisdiction and on websites for effected
covered facilities. The statistics shall include the total number of
inmates in restrictive housing, disaggregated by--
(1) the number of inmates who--
(A) remained in such housing for more than 90 days;
(B) remained in such housing for more than 180
days; and
(C) remained in such housing for more than 364
days; and
(2) the number of inmates in disciplinary segregation and
the number of inmates in administrative detention.
SEC. 8. CONFINEMENT REQUIREMENTS.
(a) In General.--The Official concerned and the head of any State
prison used for the detention of persons held under authority of any
Act of Congress, shall--
(1) submit data on restrictive housing to the Department of
Justice and the Committees on Armed Services and on the
Judiciary of the Senate and the House of Representatives on a
quarterly basis;
(2) finalize upgrades in data collection software to
improve tracking of restrictive housing inmates; and
(3) require body cams to be worn by correctional staff
interacting with confined population in restrictive housing for
any forced movement or physical interaction.
(b) Presumption.--In determining whether placement in restrictive
housing is appropriate, it shall be presumed that an inmate shall be
housed in the least restrictive setting necessary to ensure safety, and
that inmates in restrictive housing shall be returned to general
population as soon as it is safe to do so.
SEC. 9. VIOLATIONS.
(a) In General.--
(1) BOP violations.--In the case of a Bureau of Prisons
facility that violates the policy established by the Attorney
General under section 7, the Attorney General may--
(A) reduce the funding provided to the violating
facility by such amount as the Attorney General
determines appropriate and increase the amount provided
to facilities in compliance by an amount that is equal
to the amount of such reduction;
(B) suspend staff found to be involved in a
violation of such policy with or without pay; or
(C) terminate staff found to be involved in a
violation of such policy if such violation is
considered substantially detrimental to the goals of
such policy.
(2) DOD violations.--In the case of a prison facility of
the Department of Defense that violates the policy established
by the Secretary of Defense under section 7, the Secretary
may--
(A) reduce the funding provided to the violating
facility by such amount as the Secretary determines
appropriate and increase the amount provided to
facilities in compliance by an amount that is equal to
the amount of such reduction;
(B) suspend staff found to be involved in a
violation of such policy with or without pay; or
(C) terminate staff found to be involved in a
violation of such policy if such violation is
considered substantially detrimental to the goals of
such policy.
(3) Other prison facility violations.--In the case of a
covered facility described in section 11(1)(C) that violates
the policy established by the Director of the Bureau of Prisons
under section 7, the Attorney General may--
(A) in the case of--
(i) a facility described in clause (i) of
such section, decline to extend or renew any
contract or agreement with the prison facility
or condition such an extension or renewal on
compliance with such policy; or
(ii) a facility described in clause (ii) of
such section, reduce the funding provided to
the violating facility by such amount as the
Attorney General determines appropriate and
increase the amount provided to facilities in
compliance by an amount that is equal to the
amount of such reduction;
(B) call for the suspension of staff found to be
involved in a violation of such policy with or without
pay; or
(C) call for the termination of staff found to be
involved in a violation of such policy if such
violation is considered substantially detrimental goals
of such policy.
(b) Adjudication.--Any covered facility or employee accused of a
violation of the policy established by the Official concerned under
section 7 shall, after notice and an opportunity to be heard by the
standing committee of such facility and subject to approval by such
Official, be subject to the penalties under subsection (a).
(c) Conflict of Interest.--Any conflicted parties shall recuse
themselves from the proceeding before the standing committee and a new
impartial member shall be appointed to the committee to serve in this
capacity for the duration of the proceeding. Any conflict of interest
shall be disclosed in writing and preserved within the recommendation
notes.
SEC. 10. REVISION OF DEPARTMENT OF DEFENSE POLICIES AND GUIDANCE.
As soon as practicable after the date of the enactment of this Act,
the Secretary of Defense shall revise Department of Defense Instruction
1325.07 (Administration of Military Correctional Facilities and
Clemency and Parole Authority), and any related policies and guidance
of the Department, to conform to the requirements of this Act.
SEC. 11. DEFINITIONS.
In this Act:
(1) Covered facility.--The term ``covered facility''
means--
(A) a prison facility under the jurisdiction of the
Bureau of Prisons;
(B) a prison facility under the jurisdiction of the
Department of Defense; and
(C) any prison facility under the jurisdiction of a
State or unit of local government--
(i) in which persons are held in custody
pursuant to a contract or agreement with the
Federal Government; and
(ii) that receives Federal funds for law
enforcement purposes.
(2) Inmate.--The term ``inmate'' means an inmate serving a
term of imprisonment in a covered facility.
(3) Institutional review panel.--The term ``institutional
review panel'' means a panel composed of--
(A) the leadership of a covered facility; and
(B) medical professionals and mental health
professionals who are employed by and work outside of
such facility.
(4) Non-routine investigation.--The term ``non-routine
investigation'' means any investigation that addresses a grave
risk of safety and security of the facility, such as a riot,
killing, or terror attack.
(5) Official concerned.--The term ``Official concerned''
means--
(A) the Attorney General, acting through the
Director of the Bureau of Prisons, with respect to
prison facilities under the jurisdiction of the Bureau
of Prisons;
(B) the Secretary of Defense, with respect to
prison facilities under the jurisdiction of the
Department of Defense;
(C) the chief executive of a State or unit of local
government, with respect to prison facilities under the
jurisdiction of such State or unit of local government.
(6) Restrictive housing.--The term ``restrictive housing''
means any housing in which an inmate is removed from general
population housing to housing with little to no contact with
others for a disciplinary purpose.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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