No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4972 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4972
To end the use of solitary confinement and other forms of restrictive
housing in all Federal agencies and entities they contract with.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Ms. Bush (for herself, Mr. Bowman, Mr. Espaillat, Ms. Tlaib, Mrs.
Watson Coleman, Ms. Kamlager-Dove, Ms. Norton, Ms. Ocasio-Cortez, Mrs.
Ramirez, Ms. Barragan, Mr. Cleaver, Ms. Velazquez, Ms. Pressley, and
Ms. Lee of Pennsylvania) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To end the use of solitary confinement and other forms of restrictive
housing in all Federal agencies and entities they contract with.
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 ``End Solitary Confinement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the use of solitary confinement as a carceral practice
causes devastating harm and constitutes a form of torture;
(2) solitary confinement of any length of time, measured in
days or even hours, can cause self-mutilation, suicide, heart
disease, anxiety, depression, psychosis, mental and physical
deterioration, and a significantly heightened risk of death;
(3) over 120,000 people are estimated to be in solitary
confinement on any given day in Federal, State, local, and
immigration detention facilities;
(4) solitary confinement and other forms of restrictive
housing and practices are disproportionately inflicted on
Black, Latinx, Native, and other people of color, as well as
transgender and gender nonconforming people, people with mental
health needs, and young people;
(5) survivors of solitary confinement often carry
significant trauma and other physical and psychological harm
with them for the rest of their lives;
(6) solitary confinement has directly caused the deaths of
far too many people, and has increased violence and harm in
prisons, detention facilities, and communities;
(7) solitary confinement derives from, and helps
perpetuate, a horrific and brutal incarceration system that is
rooted in racism and focuses on extreme punishment and abuse,
rather than on providing opportunities for growth, healing,
redemption, and transformation;
(8) the United States is an outlier among advanced
democracies in its use of solitary confinement;
(9) evidence shows that out-of-cell, prosocial engagement
and programming increase safety, well-being, and reentry
outcomes;
(10) solitary confinement is expensive, and cost analyses
at the Federal and State levels indicate that its elimination
would save taxpayers billions of dollars; and
(11) solitary confinement is costly to taxpayers, does not
make communities safer, jeopardizes the safety of incarcerated
people and correctional staff, constitutes inhumane and
degrading treatment, and has no place in a civilized society.
SEC. 3. ENDING SOLITARY CONFINEMENT AND ESTABLISHING MINIMUM STANDARDS.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. Ending solitary confinement and establishing minimum
standards
``(a) Prohibition on the Use of Solitary Confinement and
Establishment of Minimum Standards.--
``(1) In general.--Except in the circumstances described in
paragraph (2)(B), placement of a person incarcerated in a
Federal facility in solitary confinement shall be prohibited.
``(2) Minimum standards for out-of-cell time and meaningful
human engagement.--
``(A) Congregate interaction required.--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--
``(i) 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;
``(ii) at least 1 hour daily of out-of-cell
congregate recreation; and
``(iii) 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.
``(B) Prohibition on solitary confinement.--A
person incarcerated in a Federal facility shall not be
placed in solitary confinement unless such placement is
necessary--
``(i) at night for count or sleep, not to
exceed 8 hours in any 24-hour period;
``(ii) 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;
``(iii) 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;
``(iv) 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
``(v) 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.
``(C) Deescalation.--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.
``(D) Prohibition on involuntary confinement.--No
person may be involuntarily confined in their cell
under subparagraph (B)(iv) who--
``(i) is aged 25 or younger;
``(ii) is aged 55 or older;
``(iii) has a disability, as defined in
section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102);
``(iv) has any diagnosed mental health
need;
``(v) is pregnant, in the first 8 weeks of
the postpartum recovery period, or caring for a
child in a facility program; or
``(vi) has identified as or is known or
perceived by any facility staff to be lesbian,
gay, bisexual, transgender, intersex, or gender
nonconforming.
``(E) Requirements for separation.--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--
``(i) comply with subparagraphs (A) and (F)
of this paragraph, and paragraphs (3), (4), and
(5) of this subsection; and
``(ii) 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.
``(F) Prohibition on limitation of services.--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.
``(3) Due process requirements.--
``(A) Hearing regulations.--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).
``(B) Review of placement.--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.
``(C) No placement based on previous incident.--No
person may be placed in an alternative unit for an act
or incident for which they were previously placed in
such unit.
``(4) Placement hearings.--
``(A) Placement in alternative 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:
``(i) Causing or attempting to cause
serious physical injury or death to another
person.
``(ii) Compelling or attempting to compel
another person, by force or threat of force, to
engage in a sexual act.
``(iii) 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.
``(iv) 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.
``(B) Neutral decision maker required.--Each
placement hearing shall be conducted by a neutral
decision maker.
``(C) Department of justice.--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.
``(D) Department of homeland security.--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.
``(E) Department of health and human services.--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.
``(F) Evidence presented.--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.
``(G) Representation.--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:
``(i) 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.
``(ii) 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.
``(iii) 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.
``(H) Notice.--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.
``(I) Written determination.--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.
``(5) Use of restraints.--
``(A) In general.--No person incarcerated in a
Federal facility shall be placed in restraints unless
subject to the following provisions:
``(B) Exceptions.--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.
``(C) Least restrictive form.--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.
``(D) Placement hearing required.--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.
``(E) Subsequent use of restraints.--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.
``(6) Special administrative measures.--Special
administrative measures shall be prohibited in all Federal
facilities.
``(b) Report Required.--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:
``(1) 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.
``(2) 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.
``(3) 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.
``(4) 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.
``(5) 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.
``(c) Private Cause of Action.--
``(1) In general.--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.
``(2) No liability for certain lockdowns.--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--
``(A) 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;
``(B) 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;
``(C) the head of the applicable Federal agency
approved of the lockdown if the lockdown exceeded 8
hours and the approval occurred at that time;
``(D) 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
``(E) 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.
``(3) 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.''.
(b) Clerical Amendment.--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.''.
SEC. 4. OVERSIGHT.
(a) In General.--Chapter 301 of title 18, United States Code, is
further amended by adding at the end the following:
``Sec. 4016. Oversight
``(a) Community Monitoring Body.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General, in
consultation with the Assistant Attorney General for Civil Rights at
the Department of Justice, Officer for Civil Rights and Civil Liberties
at the Department of Homeland Security, and Director of the Office for
Civil Rights at the Department of Health and Human Services, shall
establish a community monitoring body that shall operate independently
of the Attorney General and of any other unit or division within the
Department of Justice and any other Federal agency.
``(b) Appointment.--The Attorney General, in consultation with the
Assistant Attorney General for Civil Rights at the Department of
Justice, Officer for Civil Rights and Civil Liberties at the Department
of Homeland Security, and Director of the Office for Civil Rights at
the Department of Health and Human Services, and after obtaining input
and recommendations from community organizations that provide
educational services and legal support to incarcerated persons or
otherwise advocate for the rights of incarcerated people and an end to
solitary confinement, shall appoint no less than 15 people to serve as
members of the community monitoring body.
``(c) Membership.--Each member of the community monitoring body
shall be a person who has survived solitary confinement, has had loved
ones in solitary confinement or lost loved ones because of solitary
confinement, is a faith leader, medical or mental health professional,
or is a civil rights or human rights advocate. All members shall have
had some experience engaging in advocacy, service provision, or program
operation aimed at enhancing the rights and treatment of people
incarcerated. No less than half of all members shall be people who have
been incarcerated or have had family members incarcerated.
``(d) Membership Term.--Members of the community monitoring body
shall be appointed for a term of 5 years, with the possibility of 1
reappointment by the Attorney General for a total of 10 years. Each
member shall be reimbursed by the Department of Justice for their per
diem expenses in connection with service on the community monitoring
body.
``(e) Assistance.--The community monitoring body shall have the
ability to designate any person to assist the work of the community
monitoring body.
``(f) Access.--Notwithstanding any other provision of law, the
community monitoring body and its designees shall have the ability to
make unannounced visits to Federal agencies and Federal facilities, and
have access to every area of every Federal facility and all
nonclassified, nonprivileged data from every Federal agency.
``(g) In-Person Interviews.--The community monitoring body and its
designees shall have the ability to conduct in-person interviews and
correspond and communicate with incarcerated persons and Federal agency
and Federal facility staff freely, privately, and confidentially, upon
consent of the incarcerated person or staff.
``(h) Meetings.--Administrators of each Federal agency and facility
shall meet privately with the community monitoring body or its
designees upon request.
``(i) Confidential Communications.--(1) All people incarcerated in
Federal facilities shall have the right and access to confidentially
communicate with the community monitoring body and its designees,
including while the community monitoring body or its designees are at a
Federal facility and through free phone calls, free mail
correspondence, and free email correspondence. These communications
shall be afforded the same levels of protection, confidentiality, and
privilege as attorney-client correspondence.
``(2) No person shall face any form of retaliation or adverse
impact for having contact with, or being perceived to have had contact
with, the community monitoring body or its designees.
``(3) An incarcerated person shall not be required to raise a
complaint with the community monitoring body before seeking other
remedies in connection with that complaint.
``(j) Electronic Equipment.--The community monitoring body and its
designees shall have the right to bring and use electronic equipment in
any Federal facility, including video cameras, photographic cameras,
audio recording devices, mobile telephones, computers, and tablets, for
the purposes of recording, documentation, administration of surveys,
and other related purposes.
``(k) Access to Certain Information.--(1) The community monitoring
body and its designees shall have the right to receive, access,
inspect, and copy all relevant non-classified, non-privileged
information, records, and documents in the possession or control of any
Federal facility, Federal agency, or employee of any Federal facility
or Federal agency.
``(2) The community monitoring body and its designees shall receive
any such records within 7 days of a request to the head of a Federal
facility or Federal agency. Where the records requested by the
community monitoring body or its designees pertain to a death of an
incarcerated person, threats of bodily harm including sexual or
physical assaults, or the denial of necessary medical treatment, the
records shall be provided within 48 hours unless members of the
community monitoring body or their designees consent to an extension of
the deadline.
``(l) Recommendations.--The community monitoring body may make
periodic recommendations to any Federal agency or Federal facility, as
well as to the President, Attorney General, Secretary of Homeland
Security, Secretary of Health and Human Services, House Committee on
the Judiciary, House Committee on Oversight and Accountability, Senate
Committee on the Judiciary, Senate Committee on Homeland Security and
Governmental Affairs, and other government entities. For any
recommendations made by the community monitoring body to each Federal
agency or Federal facility, such agency or facility shall report to the
community monitoring body within 90 days whether it has designed and
implemented a remedial action plan to address the recommendations, and
transmit any such remedial action plan to the community monitoring
body. The community monitoring body may publish its findings and
recommendations on its website.
``(m) Access for Certain Individuals.--Representatives of the news
media, public defenders, Legal Orientation Program representatives,
elected Federal, State, and local representatives, and their designees,
shall have the ability to--
``(1) make unannounced visits to Federal agencies and
Federal facilities and access every area of every Federal
facility, except that access to enter the cell of a person
incarcerated in the Federal facility shall only be granted with
the consent of the person housed in that cell, and to enter a
bathroom or shower area when such areas are unoccupied by
people incarcerated in the Federal facility;
``(2) receive in a timely manner, pursuant to the Freedom
of Information Act (5 U.S.C. 552), or any successor thereto,
all requested data from every Federal agency that has people in
its care or custody; and
``(3) correspond with and interview, with the ability to
take notes and use electronic and other recording devices,
incarcerated persons freely, privately, and confidentially upon
their consent.
``(n) Inspectors General.--Nothing in this section shall be
construed to modify, supersede, or otherwise affect the authority of
any Inspector General to access all records, reports, audits, reviews,
documents, papers, recommendations, or other materials, as authorized
by law.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, is amended by inserting after the item
relating to section 4015 as added by section 3 the following:
``4016. Oversight.''.
SEC. 5. CREATING STATE INCENTIVES TO END SOLITARY CONFINEMENT.
(a) In General.--Chapter 301 of title 18, United States Code, is
further amended by inserting after section 4016, as amended in section
4, the following:
``Sec. 4017. Creating State incentives to end solitary confinement
``(a) In General.--Any State or local entity receiving any Federal
funds from section 500 of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10151 et seq.) shall annually certify to the
Attorney General with comprehensive documentation that the State or
local entity has in effect (or shall have in effect, not later than 6
months after the date of enactment of this Act) laws, policies, and
programs that substantially comply with section 3 of this Act to fully
and meaningfully end solitary confinement and ensure all people in the
States' and localities' prisons, jails, and detention centers, have
access to at least 14 hours of out-of-cell congregate interaction in a
shared space, without physical barriers, that is conducive to
meaningful group interaction.
``(b) Penalty.--Beginning in the first fiscal year that begins
after the date of enactment of this Act, in the case of a State or
local entity that is not in substantial compliance with section 3 of
the End Solitary Confinement Act, or an amendment made by such Act, the
Attorney General shall reduce by at least 10 percent the total amount
that such State or unit of local government would otherwise receive
from section 500 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.), except that funding for public
defenders, community-based mental health care, community-based drug
treatment, community-based violence interruption, and other similar
community-based non-carceral and non-policing services shall be
exempted from any reductions.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, is amended by inserting after the item
relating to section 4016 as added by section 4 the following:
``4017. Creating State incentives to end solitary confinement.''.
SEC. 6. DEFINITIONS.
(a) In General.--Chapter 301 of title 18, United States Code, is
further amended by inserting after section 401,7 as amended in section
5, the following:
``Sec. 4018. Certain definitions.
``In sections 4015, 4016, and 4017:
``(1) Alternative unit.--The term `alternative unit' means
any unit that is separate from the general facility population
or is in any way more restrictive than the general facility
population in terms of access to programming, services, or
other aspects of daily life.
``(2) Attempting.--The term `attempting' means having the
intent to carry out a particular act and completing significant
steps in the advancement of the attempt. Evidence of withdrawal
or abandonment of a plan to carry out the act shall negate a
finding of intent.
``(3) Federal agency.--The term `Federal agency' means the
Federal Bureau of Prisons, U.S. Immigration and Customs
Enforcement, Department of Homeland Security, U.S. Customs and
Border Protection, Office of Refugee Resettlement, United
States Marshals Service, Department of Health and Human
Services, any other Federal agency that has people in its care
or custody, and any Federal, State, local, or private entity
that has contracted with any of these or other Federal agencies
for holding or providing services to people in their care or
custody.
``(4) Federal facility.--The term `Federal facility' means
a Federal Bureau of Prisons facility, U.S. Immigration and
Customs Enforcement facility, Department of Homeland Security
facility, U.S. Customs and Border Protection facility, Office
of Refugee Resettlement facility, United States Marshals
Service facility, Department of Health and Human Services
facility, any other facility operated by a Federal agency that
has people in its care or custody, and any Federal, State,
local, or private facility that has contracted with any Federal
agencies for incarcerating people in their care or custody or
providing services to incarcerated people in their care or
custody.
``(5) Health care staff.--The term `health care staff'
means people who are employed, contracted, or volunteer to
provide medical, mental, and behavioral health care services at
a Federal facility.
``(6) Incarcerated.--The term `incarcerated' means being
held in a Federal facility for any reason.
``(7) Mental health need.--The term `mental health need'
means having any current mental health diagnosis by any medical
or mental health professional, or having had any such mental
health diagnosis in the previous two years.
``(8) Multidisciplinary team.--The term `multidisciplinary
team' means a group of staff or other people working or
operating in a Federal facility who have different professional
backgrounds and roles in the facility, and which shall include
program and health care staff.
``(9) Placement hearing.--The term `placement hearing'
means an administrative hearing to determine whether a person
may be placed in an alternative unit in a Federal facility.
``(10) Protective custody.--The term `protective custody'
means any housing of a person for their own protection.
``(11) Representative of the news media.--The term
`representative of the news media' means any person or entity
that gathers information of potential interest to a segment of
the public, uses its editorial skills to turn the raw materials
into a distinct work, and distributes that work to an audience.
``(12) Solitary confinement.--The term `solitary
confinement' means being confined in a cell or other space
without access to meaningful group interaction in a shared
space.
``(13) Special administrative measures.--The term `special
administrative measures' means the special administrative
measures under section 501.3 of title 28 of the Code of Federal
Regulations, or any successor thereto.
``(14) Supervisory medical provider.--The term `supervisory
medical provider' means a practicing doctor, nurse
practitioner, or physician assistant who has supervisory
responsibilities over other medical staff in a Federal
facility.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, is amended by inserting after the item
relating to section 4018 as added by section 5 the following:
``4018. Certain definitions.''.
SEC. 7. REMOVAL OF LIMITATION ON RECOVERY ON CERTAIN SUITS BY
INCARCERATED PEOPLE.
Section 7(e) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(e)) is amended to read as follows:
``(e) Limitation on Recovery.--No Federal civil action may be
brought by a prisoner confined in a jail, prison, or other correctional
facility, for mental or emotional injury suffered while in custody
without a prior showing of physical injury, the commission of a sexual
act (as defined in section 2246 of title 18), or placement in solitary
confinement or an alternative unit (as defined in section 4015 of title
18).''.
SEC. 8. REVISIONS TO STANDARD OPERATING PROCEDURES AND STANDARDS.
Each Federal agency shall incorporate the requirements of this Act
into the relevant standards and procedures governing confinement and
shall monitor compliance with the requirements of this Act.
SEC. 9. APPROPRIATIONS AND PROHIBITION ON USE OF FUNDS.
No sums appropriated to carry out the provisions of this Act may be
used for any--
(1) Buildings and Facilities Appropriations for the Bureau
of Prisons;
(2) Procurement, Construction, and Improvements
Appropriations for the Department of Homeland Security,
including Immigration and Customs Enforcement and Customs and
Border Protection;
(3) Constructions Appropriations for the U.S. Marshal
Service; Buildings and Facilities Appropriations for the
Department of Health and Human Services, including the
Administration for Children and Families and the Office of
Refugee Resettlement;
(4) Federal agency to construct facilities where people
will be incarcerated or to construct or renovate buildings or
spaces within facilities where people are or will be
incarcerated; and
(5) Federal agency to construct, install, or introduce any
weapons, any objects or devices or mechanisms restricting a
person's or people's movement in any way, or any other objects
or mechanisms that limit movement or create more restrictive
environments.
SEC. 10. SEVERABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remainder of this Act, or
the application of that provision to persons or circumstances other
than those as to which it is held invalid, is not affected thereby.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take full effect
no later than 60 days after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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