[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4121 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4121
To reform the use of solitary confinement and other forms of
restrictive housing in the Bureau of Prisons and the United States
Marshals Service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2024
Mr. Durbin (for himself, Mr. Coons, and Mr. Schatz) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To reform the use of solitary confinement and other forms of
restrictive housing in the Bureau of Prisons and the United States
Marshals Service, 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''.
SEC. 2. SOLITARY CONFINEMENT REFORMS.
(a) Amendment.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4052. Solitary confinement
``(a) Definitions.--In this section:
``(1) Administrative maximum facility.--The term
`administrative maximum facility' means a maximum-security
facility, including the United States Penitentiary
Administrative Maximum facility in Florence, Colorado, designed
to house inmates who present an ongoing significant and serious
threat to other inmates, staff, and the public.
``(2) Administrative segregation.--The term `administrative
segregation' means a nonpunitive form of separation of an
inmate from the general population of a correctional facility
for--
``(A) investigative, protective, or preventative
reasons resulting from a substantial and immediate
threat; or
``(B) transitional reasons, including a pending
transfer, pending classification, or other temporary
administrative matter.
``(3) Appropriate level of care.--The term `appropriate
level of care' means the appropriate treatment setting for
mental health care that an inmate with mental illness requires,
which may include outpatient care, emergency or crisis
services, day treatment, supported residential housing,
infirmary care, or inpatient psychiatric hospitalization
services.
``(4) Covered facility.--The term `covered facility'
means--
``(A) with respect to the Bureau of Prisons, a
facility under the administration of the Bureau of
Prisons, or a facility under contract with the Bureau
of Prisons to provide housing for inmates in Federal
custody; or
``(B) a facility under contract with the United
States Marshals Service to provide housing for inmates
in Federal custody.
``(5) Disciplinary hearing officer.--The term `disciplinary
hearing officer' means an individual who--
``(A) in the case of--
``(i) the Bureau of Prisons or the United
States Marshals Service, is an employee who is
a supervisory or administrative officer who is
employed in the office of the regional
director, central office, or district office;
or
``(ii) a facility that contracts with the
Bureau of Prisons or the United States Marshals
Service, is the designee of the Director of the
Bureau of Prisons or the Director of the United
States Marshals Service; and
``(B) is responsible for conducting disciplinary
hearings for which solitary confinement may be a
sanction, as described in section 541.8 of title 28,
Code of Federal Regulations, or any successor thereto.
``(6) Disciplinary segregation.--The term `disciplinary
segregation' means a form of separation from the general
population of a facility imposed only by a disciplinary hearing
officer as a response to an inmate committing a significant and
serious disciplinary infraction.
``(7) Intellectual disability.--The term `intellectual
disability' means a mental impairment characterized by
significant limitations in both intellectual functioning and
adaptive behavior.
``(8) Mental illness.--The term `mental illness' means a
diagnosable mental, behavioral, or emotional disorder that--
``(A) is of sufficient duration to meet diagnostic
criteria within the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; and
``(B) has resulted in functional impairment that
substantially interferes with or limits 1 or more major
life activities.
``(9) Multidisciplinary staff committee.--The term
`multidisciplinary staff committee' means a committee--
``(A) comprised of staff at the facility where an
inmate resides who are responsible for reviewing the
initial placement of the inmate in solitary confinement
and any extensions of time in solitary confinement; and
``(B) which shall include--
``(i) not less than 1 licensed mental
health professional;
``(ii) not less than 1 medical
professional; and
``(iii) not less than 1 member of the
leadership of the facility.
``(10) Ombudsman.--The term `Ombudsman' means the Ombudsman
for the Civil Rights of Incarcerated People established in
subsection (e).
``(11) Ongoing significant and serious threat.--The term
`ongoing significant and serious threat' means an ongoing set
of circumstances that requires the highest level of security
and staff supervision for an inmate who--
``(A) has engaged in assaultive, predacious, or
riotous behavior, or seriously attempted escape; and
``(B) poses a specific risk of physical injury to
other inmates, staff, or the public.
``(12) Protection case.--The term `protection case' means
an inmate who, by the request of the inmate or through a staff
determination, requires protection, as described by section
541.23(c)(3) of title 28, Code of Federal Regulations, or any
successor thereto.
``(13) Serious mental illness.--The term `serious mental
illness' means a substantial disorder of thought or mood that
significantly impairs judgment, behavior, capacity to recognize
reality, or ability to cope with the ordinary demands of life.
``(14) Significant and serious disciplinary infraction.--
The term `significant and serious disciplinary infraction'
means--
``(A) an act of violence that either--
``(i) resulted in or was likely to result
in serious injury or death to another; or
``(ii) occurred in connection with any act
of nonconsensual sex;
``(B) an escape, attempted escape, or conspiracy to
escape from within a security perimeter or custody, or
both;
``(C) possession of weapons; or
``(D) possession of illegal narcotics with intent
to distribute.
``(15) Solitary confinement.--The term `solitary
confinement' means confinement characterized by substantial
isolation in a cell, alone or with other inmates, including
administrative segregation, disciplinary segregation, and
confinement in any facility designated by the Bureau of Prisons
or the United States Marshals Service as a special housing
unit, a special management unit, an administrative maximum
facility, or any other housing area that is separate from or in
any way more restrictive than the general population of the
facility in terms of hours out of cell, programming, services,
congregate engagement with other people, visits,
communications, items, or any other aspect of daily living.
``(16) Special administrative measures.--The term `special
administrative measures' means measures used to--
``(A) prevent disclosure of classified information
upon written certification to the Attorney General by
the head of an element of the intelligence community
(as defined under section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) that the unauthorized
disclosure of such information would pose a threat to
national security and that there is a danger that the
inmate will disclose such information, as described by
section 501.2 of title 28, Code of Federal Regulations,
or any successor thereto; or
``(B) protect persons against the risk of death or
serious bodily injury, upon written notification to the
Director of the Bureau of Prisons by the Attorney
General or, at the Attorney General's direction, by the
head of a Federal law enforcement agency, or the head
of an element of the intelligence community (as defined
under section 3 of the National Security Act of 1947
(50 U.S.C. 3003)), that there is a substantial risk
that the communications of an inmate or contacts by the
inmate with other persons could result in death or
serious bodily injury to persons, or substantial damage
to property that would entail the risk of death or
serious bodily injury to persons, as described by
section 501.3 of title 28, Code of Federal Regulations,
or any successor thereto.
``(17) Special housing unit.--The term `special housing
unit' means a housing unit in a covered facility, in which
inmates are securely separated from the general inmate
population for disciplinary or administrative reasons, as
described in section 541.21 of title 28, Code of Federal
Regulations, or any successor thereto.
``(18) Special management unit.--The term `special
management unit' means a nonpunitive housing program with
multiple, step-down phases for inmates whose history, behavior,
or situation requires enhanced management approaches in order
to ensure the safety of other inmates, the staff, and the
public.
``(19) Substantial and immediate threat.--The term
`substantial and immediate threat' means any set of temporary
and unforeseen circumstances that require immediate action in
order to combat a threat to the physical safety of an inmate,
other inmates, staff, or the public.
``(b) Use of Solitary Confinement.--
``(1) In general.--The placement of a Federal inmate in
solitary confinement within a covered facility shall be limited
to situations in which such confinement--
``(A) is limited to the briefest term and the least
restrictive conditions practicable, including not less
than 4 hours of out-of-cell time every day, which may
include work assignments, staff-led programs, peer-led
programs, volunteer programs, time in a day room or
recreation area with at least several other people,
meals, or other similar congregate activities with at
least several other people in a group setting conducive
to meaningful human interaction, unless the inmate
poses a substantial and immediate threat;
``(B) is consistent with the rationale for
placement and with the progress achieved by the inmate;
``(C) allows the inmate to participate in
meaningful work assignments and programming
opportunities and privileges as consistent with those
available in the general population as practicable,
either individually or in a congregate setting;
``(D) allows the inmate to have as much meaningful
interaction with others, such as other inmates,
visitors, clergy, licensed mental and physical health
professionals, or through social and legal telephone
calls, as practicable;
``(E) allows the inmate access to all routine and
emergency medical services; and
``(F) complies with the provisions of this section.
``(2) Transitional process for inmates in solitary
confinement.--
``(A) Inmates with upcoming release dates.--The
Director of the Bureau of Prisons shall establish--
``(i) policies to ensure that an inmate
with an anticipated release date of 180 days or
less is not housed in solitary confinement,
unless--
``(I) such confinement is limited
to not more than 5 days of
administrative segregation relating to
the upcoming release of the inmate; or
``(II) the inmate poses a
substantial and immediate threat; and
``(ii) a transitional process for each
inmate with an anticipated release date of 180
days or less who is held in solitary
confinement under clause (i)(II), which shall
include--
``(I) substantial re-socialization
programming in a group setting;
``(II) regular mental health
counseling to assist with the
transition; and
``(III) re-entry planning services
offered to inmates in a general
population setting.
``(B) Inmates in long-term solitary confinement.--
The Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each
establish a transitional process for each inmate who
has been held in solitary confinement for more than 30
days and who will transition into a general population
unit, which shall include--
``(i) substantial re-socialization
programming in a group setting; and
``(ii) regular mental health counseling to
assist with the transition.
``(3) Protective custody units.--The Director of the Bureau
of Prisons and the Director of the United States Marshals
Service--
``(A) shall establish within the Federal prison
system additional general population protective custody
units that provide sheltered general population housing
to protect inmates from harm that they may otherwise be
exposed to in a typical general population housing
unit;
``(B) shall establish policies to ensure that an
inmate who is considered a protection case shall, upon
request of the inmate, be placed in a general
population protective custody unit;
``(C) shall create an adequate number of general
population protective custody units to--
``(i) accommodate the requests of inmates
who are considered to be protection cases; and
``(ii) ensure that inmates who are
considered to be protection cases are placed in
facilities as close to their homes as
practicable;
``(D) may not place an inmate who is considered to
be a protection case in solitary confinement due to the
status of the inmate as a protection case unless--
``(i) the inmate requests to be placed in
solitary confinement, in which case, at the
request of the inmate, the inmate shall be
transferred to a general population protective
custody unit or, if appropriate, a different
general population unit; or
``(ii) such confinement is limited to--
``(I) not more than 5 days of
administrative segregation; and
``(II) is necessary to protect the
inmate during preparation for transfer
to a general population protective
custody unit or a different general
population unit; and
``(E) shall provide any inmate in protective
custody access to all of the equivalent programs,
services, amenities, including access to communication,
and conditions as people in the general population of
the facility.
``(4) Vulnerable populations.--A covered facility may not
place an inmate in solitary confinement if--
``(A) the inmate is 21 years of age or younger, is
60 years of age or older, has a serious mental illness
or disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)), has
been determined by a licensed mental health
professional to likely be significantly adversely
affected by placement in solitary confinement, is
pregnant or in the first 8 weeks of the postpartum
recovery period after giving birth, or is caring for a
child in a facility program, unless--
``(i) the inmate poses a substantial and
immediate threat;
``(ii) all other options to de-escalate the
situation have been exhausted, including less
restrictive techniques such as--
``(I) penalizing the inmate through
loss of privileges;
``(II) speaking with the inmate in
an attempt to de-escalate the
situation; and
``(III) a licensed mental health
professional providing an appropriate
level of care;
``(iii) such confinement is limited to the
briefest term and the least restrictive
conditions practicable, including access to
medical and mental health treatment;
``(iv) such confinement is reviewed by a
multidisciplinary staff committee for
appropriateness every 24 hours; and
``(v) as soon as practicable, but not later
than 5 days after such confinement begins, the
inmate is diverted, upon release from solitary
confinement, to--
``(I) a general population unit;
``(II) a protective custody unit
described in paragraph (3); or
``(III) a mental health treatment
program as described in subsection
(c)(2);
``(B) the inmate is lesbian, gay, bisexual,
transgender (as defined in section 115.5 of title 28,
Code of Federal Regulations, or any successor thereto),
intersex (as defined in section 115.5 of title 28, Code
of Federal Regulations, or any successor thereto), or
gender nonconforming (as defined in section 115.5 of
title 28, Code of Federal Regulations, or any successor
thereto), if the placement is solely on the basis of
such identification or status; or
``(C) the inmate is HIV positive, if the placement
is solely on the basis of the HIV positive status of
the inmate.
``(5) Limitations on the use of restraints and other
requirements.--The Director of the Bureau of Prisons and the
Director of the United States Marshals Service, or any facility
that contracts with the Bureau of Prisons or the United States
Marshals Service, shall ensure that--
``(A) no inmate, including individuals in solitary
confinement, shall be placed in restraints during out-
of-cell time, unless--
``(i) determined to be necessary for
safety, security, or mitigation of flight risk
during the transportation of an inmate;
``(ii) an individualized determination is
made at the time that restraints are necessary
to prevent a specific, significant, and
unreasonable risk of imminent serious physical
injury to other inmates or staff based on
concrete and reasonable evidence of such risk;
and
``(iii) the least restrictive form of
restraints shall be used for no longer than
necessary to abate such imminent harm, provided
that--
``(I) restraints may not be used
for more than 2 hours unless a
determination is made that there is an
ongoing significant and serious threat
of imminent serious physical injury to
other inmates or staff, at which time
the regional director shall be notified
about the continued use of restraints;
``(II) any continued use of
restraints shall be meaningfully
reviewed at least every 12 hours and
discontinued once restraints are no
longer necessary to prevent an ongoing
significant and serious threat of
imminent serious physical injury to
other inmates or staff and at each 12-
hour interval, the regional director
shall be notified about the continued
use of restraints; and
``(III) restraints shall not be
used for more than 3 days, unless the
Director of the Bureau of Prisons or
the Director of the United States
Marshals Service, as applicable, or a
designee--
``(aa) provides prior
approval for the use of
restraints for more than 3
days;
``(bb) makes a written
finding that the continued use
of restraints is necessary to
prevent an ongoing significant
and serious risk of imminent
serious physical injury to
other inmates or staff; and
``(cc) if restraints
continue to be used for more
than 5 days, at least every 3
days, reviews and approves the
continued use of restraints;
and
``(B) no limitation on access to services,
treatment, visiting, or basic needs, such as provision
of clothing, food, and bedding, shall be imposed as a
form of punishment or for any other reason except where
there is an ongoing significant and serious threat to
the physical safety of the inmate, other inmates, or
staff;
``(C) no restricted diet or any other change in
diet shall be imposed as a form of punishment; and
``(D) an inmate shall--
``(i) always have access to any authorized
personal property belonging to the inmate; and
``(ii) regardless of the unit the inmate is
housed in or the status the inmate has been
assigned, always have access to the commissary
and to contact visitation with visitors, except
where there is a specific significant risk to
the physical safety of the inmate, other
inmates, staff, or the public.
``(6) Special housing units.--The Director of the Bureau of
Prisons, the Director of the United States Marshals Service,
and any facility that contracts with the Bureau of Prisons or
the United States Marshals Service shall--
``(A) limit administrative segregation--
``(i) to situations in which such
segregation is necessary to--
``(I) control a substantial and
immediate threat that cannot be
addressed through alternative housing;
or
``(II) temporarily house an inmate
pending transfer, pending
classification, or pending resolution
of another temporary administrative
matter; and
``(ii) to a duration of not more than 15
consecutive days, and not more than 20 days in
a 60-day period, unless--
``(I) the inmate requests to remain
in administrative segregation under
paragraph (3)(D)(i); or
``(II) in order to address the
continued existence of a substantial
and immediate threat, a
multidisciplinary staff committee
approves a temporary extension, which--
``(aa) may not be longer
than 15 days; and
``(bb) shall be reviewed by
the multidisciplinary staff
committee every 3 days during
the period of the extension, in
order to confirm the continued
existence of the substantial
and immediate threat;
``(B) limit disciplinary segregation--
``(i) to situations in which such
segregation is necessary to address an inmate
who has been found to have committed a
significant and serious disciplinary infraction
by a disciplinary hearing officer and poses an
ongoing significant and serious threat, and
alternative sanctions would not adequately
regulate the behavior of the inmate;
``(ii) in the case of a prohibited act
categorized as a 400-level prohibited act under
section 541.3 of title 28, Code of Federal
Regulations, or any successor thereto, by
prohibiting the use of disciplinary
segregation;
``(iii) in the case of a prohibited act
categorized as a 300-level prohibited act under
section 541.3 of title 28, Code of Federal
Regulations, or any successor thereto, by--
``(I) prohibiting the use of
disciplinary segregation for the first
such prohibited act; and
``(II) limiting disciplinary
segregation to a duration of not more
than 15 days, for a second or
subsequent such prohibited act;
``(iv) in the case of a prohibited act
categorized as a 200-level prohibited act under
section 541.3 of title 28, Code of Federal
Regulations, or any successor thereto, by--
``(I) limiting disciplinary
segregation to a duration of not more
than 30 days, for the first such
prohibited act; and
``(II) limiting disciplinary
segregation to a duration of not more
than 60 days, for a second or
subsequent such prohibited act;
``(v) in the case of a prohibited act
categorized as a 100-level prohibited act under
section 541.3 of title 28, Code of Federal
Regulations, or any successor thereto, by--
``(I) limiting disciplinary
segregation to a duration of not more
than 60 days, for the first such
prohibited act; and
``(II) limiting disciplinary
segregation to a duration of not more
than 90 days, for a second or
subsequent such prohibited act; and
``(vi) in addition to any other limitation
under this subparagraph, limiting disciplinary
segregation to a duration of not more than 30
consecutive days, and not more than 40 days in
any 60-day period, unless a multidisciplinary
staff committee, in consultation with the
disciplinary hearing officer who presided over
the disciplinary hearing for the inmate,
determines that the significant and serious
disciplinary infraction which the inmate was
found to have committed is of such an egregious
and violent nature that a longer sanction is
appropriate and approves a longer sanction;
``(C) ensure that any time spent in administrative
segregation during an investigation into an alleged
offense is for as short a duration as possible, is not
longer than 15 consecutive days, and is credited as
time served for a disciplinary segregation sentence;
``(D) ensure that concurrent sentences are imposed
for disciplinary violations arising from the same
episode; and
``(E) ensure that an inmate may be released from
disciplinary segregation for good behavior before
completing the term of the inmate, unless the inmate
poses a substantial and immediate threat to the safety
of other inmates, staff, or the public.
``(7) Special management units.--The Director of the Bureau
of Prisons shall eliminate the use of special management units.
``(8) Administrative maximum facilities.--The Director of
the Bureau of Prisons shall--
``(A) limit segregation in an administrative
maximum facility to situations in which such
segregation is necessary to--
``(i) implement special administrative
measures, as directed by the Attorney General;
or
``(ii) house an inmate who has been found
to have committed a significant and serious
disciplinary infraction by a disciplinary
hearing officer and who poses an ongoing
significant and serious threat to the safety of
other inmates, staff, or the public that cannot
be addressed through alternative housing; and
``(B) issue final approval of referral of any
inmate who poses an ongoing significant and serious
threat for placement in an administrative maximum
facility.
``(9) Right to review placement in solitary confinement.--
The Director of the Bureau of Prisons, the Director of the
United States Marshals Service, or any facility that contracts
with the Bureau of Prisons or the United States Marshals
Service, shall ensure that no inmate shall be placed in
solitary confinement without--
``(A) written notice provided to the inmate
thoroughly detailing the basis for placement or
continued placement in solitary confinement not later
than 6 hours after the beginning of such placement,
including--
``(i) thorough documentation explaining why
such confinement is permissible and necessary;
``(ii) thorough documentation explaining
the reason an exception applied if--
``(I) an exception under paragraph
(2)(A), (3)(D), (4)(A), (6)(A), or
(6)(B) is used to justify placement or
continued placement in solitary
confinement; or
``(II) an exception under paragraph
(1) is used to justify increased
restrictive conditions in solitary
confinement; and
``(iii) thorough documentation explaining a
clear plan for returning the individual to less
restrictive conditions as promptly as possible;
``(B) a timely, thorough, and continuous review
process that--
``(i) occurs not less than 7 days after
placement in solitary confinement, and
thereafter at least--
``(I) on a weekly basis for an
inmate in a special housing unit; and
``(II) on a monthly basis for an
inmate at an administrative maximum
facility;
``(ii) includes private, face-to-face
interviews with a multidisciplinary staff
committee;
``(iii) examines whether--
``(I) placement in solitary
confinement was and remains necessary;
``(II) the conditions of
confinement comply with this section;
and
``(III) whether any exception under
paragraph (2)(A), (3)(D), (4)(A),
(6)(A), or (6)(B) used to justify
placement or continued placement in
solitary confinement or any exception
under paragraph (1) used to justify
increased restrictive conditions in
solitary confinement was and remains
warranted; and
``(iv) includes written findings on the
decision for placement in solitary confinement
or continued placement in solitary confinement,
consistent with paragraph (9)(A), that are
electronically retained in the personnel file
of the inmate for not less than 3 years from
the date of placement;
``(C) a process to appeal the initial placement or
continued placement of the inmate in solitary
confinement;
``(D) prompt and timely written notice of the
appeal procedures; and
``(E) copies of all documents, files, and records
relating to the placement of the inmate in solitary
confinement, unless such documents contain contraband,
classified information, or sensitive security-related
information, maintained in a central electronic
database for not less than 3 years.
``(c) Mental Health Care for Inmates in Solitary Confinement.--
``(1) Mental health screening.--Not later than 6 hours
after an inmate in the custody of a covered facility is placed
in solitary confinement, the inmate shall receive a
comprehensive, face-to-face mental health evaluation by a
licensed mental health professional in a confidential setting.
``(2) Mental health treatment program.--An inmate diagnosed
with a serious mental illness after an evaluation required
under paragraph (1)--
``(A) shall not be placed in solitary confinement
except as provided in subsection (b)(4); and
``(B) shall be diverted to a mental health
treatment program within the covered facility that
provides an appropriate level of care to address the
mental health needs of the inmate.
``(3) Continuing evaluations.--After each 10-calendar-day
period an inmate is held in continuous placement in solitary
confinement--
``(A) a licensed mental health professional shall
conduct a comprehensive, face-to-face, out-of-cell
mental health evaluation of the inmate in a
confidential setting; and
``(B) the Director of the Bureau of Prisons, the
Director of the United States Marshals Service, or any
facility that contracts with the Bureau of Prisons or
the United States Marshals Service, as applicable,
shall adjust the placement of the inmate in accordance
with this subsection.
``(4) Requirement.--The Director of the Bureau of Prisons,
the Director of the United States Marshals Service, and any
facility that contracts with the Bureau of Prisons or the
United States Marshals Service shall operate mental health
treatment programs in order to ensure that inmates of all
security levels with serious mental illness have access to an
appropriate level of care.
``(d) Training for Covered Facility Staff.--
``(1) Training.--All employees of a covered facility who
interact with inmates on a regular basis shall be required to
complete training in--
``(A) the recognition of symptoms of mental
illness;
``(B) the potential risks and side effects of
psychiatric medications;
``(C) de-escalation techniques for safely managing
individuals with mental illness;
``(D) consequences of untreated mental illness;
``(E) the long- and short-term psychological
effects of solitary confinement; and
``(F) de-escalation and communication techniques to
divert inmates from situations that may lead to the
inmate being placed in solitary confinement.
``(2) Notification to medical staff.--An employee of a
covered facility shall immediately notify a member of the
medical or mental health staff if the employee--
``(A) observes an inmate with signs of mental
illness, unless such employee has knowledge that the
inmate's signs of mental illness have previously been
reported; or
``(B) observes an inmate with signs of a mental
health crisis.
``(e) Ombudsman for the Civil Rights of Incarcerated People.--
``(1) In general.--Within the Department of Justice, there
shall be a position of the Ombudsman for the Civil Rights of
Incarcerated People and an Office of the Ombudsman for the
Civil Rights of Incarcerated People.
``(2) Appointment.--
``(A) In general.--The Ombudsman shall be appointed
by the Attorney General and shall report directly to
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service.
``(B) Qualifications.--The Ombudsman shall have a
background in corrections and civil rights and shall
have expertise on the effects of prolonged solitary
confinement and restrictive housing.
``(3) Reporting.--The Director of the Bureau of Prisons and
the Director of the United States Marshals Service shall ensure
that each covered facility provides multiple internal ways for
inmates and others to promptly report civil rights violations
and violations of this section to the Ombudsman, including--
``(A) not less than 4 procedures, including written
mail correspondence, email correspondence, telephone
calls, and in-person interviews, for inmates and others
to report civil rights violations and violations of
this section to an entity or office that is not part of
the facility, and that is able to receive and
immediately forward inmate reports to the Ombudsman,
allowing the inmate to communicate confidentially and
to remain anonymous upon request; and
``(B) not less than 4 procedures, including written
mail correspondence, email correspondence, telephone
calls, and in-person interviews, for inmates and others
to report civil rights abuses and violations of this
section to the Ombudsman in a confidential manner,
allowing the inmate to remain anonymous upon request.
``(4) Notice.--
``(A) Bureau of prisons.--The Director of the
Bureau of Prisons shall ensure that each Bureau of
Prisons facility and any facility that contracts with
the Bureau of Prisons provides inmates with the notice
described in subparagraph (C).
``(B) Marshals service.--The Director of the United
States Marshals Service shall ensure that each facility
that contracts with the United States Marshals Service
provides inmates with the notice described in
subparagraph (C).
``(C) Contents.--A notice described in this
subparagraph shall provide inmates with--
``(i) notice of how to report civil rights
violations and violations of this section in
accordance with paragraph (3), including--
``(I) notice prominently posted in
the living and common areas of each
such facility;
``(II) individual notice to inmates
at initial intake into the Bureau of
Prisons or the United States Marshals
Service, when transferred to a new
facility, and when placed in solitary
confinement;
``(III) notice to inmates with
disabilities in accessible formats; and
``(IV) written or verbal notice in
a language the inmate understands; and
``(ii) notice of permissible practices
related to solitary confinement in the Bureau
of Prisons or the United States Marshals
Service, including the requirements of this
section.
``(5) Functions.--The Ombudsman shall--
``(A) review all complaints the Ombudsman receives;
``(B) investigate all complaints that allege a
civil rights violation or violation of this section;
``(C) refer all possible violations of law to the
Criminal Division or the Inspector General of the
Department of Justice;
``(D) refer to the Director of the Bureau of
Prisons or the United States Marshals Service
allegations of misconduct involving staff of the Bureau
of Prisons or the United States Marshals Service,
respectively;
``(E) identify areas in which the Bureau of Prisons
or the United States Marshals Service can improve the
policies and practices of the Bureau to ensure that the
civil rights of inmates are protected;
``(F) identify areas in which the Bureau of Prisons
or the United States Marshals Service can improve
solitary confinement policies and practices and reduce
the use of solitary confinement; and
``(G) propose changes to the policies and practices
of the Bureau of Prisons and the United States Marshals
Service to mitigate problems and address issues the
Ombudsman identifies.
``(6) Access.--The Ombudsman--
``(A) shall have unrestricted access to every area
of any covered facility;
``(B) shall be able to speak privately and
confidentially with inmates and staff; and
``(C) may make unannounced visits to any covered
facility.
``(7) Annual reports.--
``(A) In general.--Not later than December 31 of
each year, the Ombudsman shall submit to the Committee
on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on
the activities of the Office of the Ombudsman for the
fiscal year ending in such calendar year and make the
report publicly available on a website.
``(B) Contents.--Each report submitted under
subparagraph (A) shall--
``(i) contain full and substantive
analysis, in addition to statistical
information;
``(ii) identify the recommendations the
Office of the Ombudsman has made on addressing
reported civil rights violations and violations
of this section and reducing the use and
improving the practices of solitary confinement
in covered facilities;
``(iii) contain a summary of problems
relating to reported civil rights violations
and violations of this section, including a
detailed description of the nature of such
problems and a breakdown of where the problems
occur among covered facilities;
``(iv) contain an inventory of the items
described in clauses (ii) and (iii) for which
action has been taken and the result of such
action;
``(v) contain an inventory of the items
described in clauses (ii) and (iii) for which
action remains to be completed and the period
during which each item has remained on such
inventory;
``(vi) contain an inventory of the items
described in clauses (ii) and (iii) for which
no action has been taken, the period during
which each item has remained on such inventory,
the reasons for the inaction, and shall
identify any official of the Bureau of Prisons
or the United States Marshals Service who is
responsible for such inaction;
``(vii) contain recommendations for such
legislative or administrative action as may be
appropriate to resolve problems identified in
clause (iii); and
``(viii) include such other information as
the Ombudsman determines necessary.
``(C) Submission of reports.--Each report required
under this paragraph shall be provided directly to the
Committees described in subparagraph (A) without any
prior review, comment, or amendment from the Director
of the Bureau of Prisons, the Director of the United
States Marshals Service, or any other officer or
employee of the Department of Justice, the Bureau of
Prisons, or the United States Marshals Service.
``(8) Regular meetings with the director.--The Ombudsman
shall meet regularly with the Director of the Bureau of Prisons
and the Director of the United States Marshals Service to
identify problems with reported civil rights violations and the
solitary confinement policies and practices of the Bureau of
Prisons and the United States Marshals Service, including
overuse of solitary confinement, and to present recommendations
for such administrative action as may be appropriate to resolve
problems relating to reported civil rights violations and the
solitary confinement policies and practices of the Bureau of
Prisons and the United States Marshals Service.
``(9) Responsibilities of the bureau of prisons and united
states marshals service.--The Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall
establish procedures requiring that, not later than 90 days
after the date on which a recommendation is submitted to the
Director of the Bureau of Prisons or the Director of the United
States Marshals Service by the Ombudsman, the Director of the
Bureau of Prisons or the Director of the United States Marshals
Service, as applicable, or another appropriate employee of the
agency, issue a formal response to the recommendation and take
remedial action to comply with the recommendation.
``(10) Non-application of the prison litigation reform
act.--Inmate reports sent to the Ombudsman may not be
considered an administrative remedy under section 7(a) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997e(a)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by inserting
after the item relating to section 4051 the following:
``4052. Solitary confinement.''.
SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH.
Not later than 180 days after the date of enactment of this Act,
the Director of the Bureau of Prisons and the Director of the United
States Marshals Service shall--
(1) assemble a team of licensed mental health
professionals, which may include licensed mental health
professionals who are not employed by the Bureau of Prisons or
the United States Marshals Service, to conduct a comprehensive
mental health reevaluation for each inmate held in solitary
confinement at a covered facility for more than 30 days as of
the date of enactment of this Act, including a confidential,
face-to-face, out-of-cell interview by a licensed mental health
professional; and
(2) adjust the placement of each inmate in accordance with
section 4052(c) of title 18, United States Code, as added by
section 2.
SEC. 4. DIRECTOR OF THE BUREAU OF PRISONS.
Section 4041 of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the ``The
Bureau of Prisons shall be''; and
(2) by adding at the end the following:
``(b) Ombudsman.--The Director of the Bureau of Prisons shall--
``(1) meet regularly with the Ombudsman for the Civil
Rights of Incarcerated People appointed under section 4052(e)
to identify how the Bureau of Prisons can address reported
civil rights violations and reduce the use of solitary
confinement and correct problems in the solitary confinement
policies and practices of the Bureau;
``(2) conduct a prompt and thorough investigation of each
referral from the Ombudsman, through the designees of the
Ombudsman, under section 4052(e)(5)(D), and after each such
investigation take appropriate disciplinary action against any
Bureau of Prisons employee who is found to have engaged in
misconduct or to have violated Bureau of Prisons policy, and
notify the Ombudsman of the outcome of each such investigation;
and
``(3) establish procedures requiring a formal response by
the Bureau of Prisons to any recommendation of the Ombudsman in
the annual report submitted under section 4052(e)(7) not later
than 90 days after the date on which the report is submitted to
Congress.''.
SEC. 5. DIRECTOR OF THE UNITED STATES MARSHALS SERVICE.
Section 561 of title 28, United States Code, is amended by adding
at the end the following:
``(j) Ombudsman.--The Director of the United States Marshals
Service shall--
``(1) meet regularly with the Ombudsman for the Civil
Rights of Incarcerated People appointed under section 4052(e)
to identify how the United States Marshals Service can address
reported civil rights violations and reduce the use of solitary
confinement and correct problems in the solitary confinement
policies and practices of the United States Marshals Service;
``(2) conduct a prompt and thorough investigation of each
referral from the Ombudsman, through the designees of the
Ombudsman, under section 4052(e)(5)(D), and after each such
investigation take appropriate disciplinary action against any
United States Marshals Service employee who is found to have
engaged in misconduct or to have violated United States
Marshals Service policy, and notify the Ombudsman of the
outcome of each such investigation; and
``(3) establish procedures requiring a formal response by
the United States Marshals Service to any recommendation of the
Ombudsman in the annual report submitted under section
4052(e)(7) not later than 90 days after the date on which the
report is submitted to Congress.''.
SEC. 6. DATA TRACKING OF USE OF SOLITARY CONFINEMENT.
Section 4047 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Prison Solitary Confinement Assessments.--
``(1) In general.--Not later than March 31 and September 30
of each year, the Director of the Bureau of Prisons and the
Director of the United States Marshals Service shall each
prepare and transmit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a semi-annual assessment of the use of solitary
confinement (as defined in section 4052(a)) in covered
facilities and shall make the respective assessment publicly
available on the website of the Bureau of Prisons or the United
States Marshals Service, as applicable.
``(2) Contents.--Each assessment submitted under paragraph
(1) shall include--
``(A) the policies and regulations of the Bureau of
Prisons, including any changes in policies and
regulations, and the United States Marshals Service for
determining which inmates are placed in each form of
solitary confinement, or housing in which an inmate is
separated from the general population during the
reporting period, and a detailed description of each
form of solitary confinement in use, including all
maximum and high security facilities, all special
housing units, all special management units, all
administrative maximum facilities (as defined in
section 4052(a)), and all communication management
units;
``(B) the total number of inmates and percentage of
individuals in the custody of the Bureau of Prisons and
the United States Marshals Service, listed separately,
who are housed in each type of solitary confinement
described in subparagraph (A) at the time of the
report, and the total number and the percentage of all
inmates who have spent at least some time in each form
of solitary confinement during the reporting period;
``(C) the reason for placement, including
disciplinary segregation, protective custody,
administrative segregation, or other segregation and
the length of time in restrictive housing;
``(D) the demographics of all inmates housed in
each type of solitary confinement described in
subparagraph (A), including race, ethnicity, religion,
age, gender identity, mental health care level,
pregnancy or post-partum status, or identification as
lesbian, gay, bisexual, transgender, intersex, or
gender non-conforming;
``(E) the policies and regulations of the Bureau of
Prisons and the United States Marshals Service,
including any updates in policies and regulations, for
subsequent reviews or appeals of the placement of an
inmate into or out of solitary confinement;
``(F) the number of reviews of and appeals for each
type of solitary confinement placement described in
subparagraph (A) that occurred during the reporting
period and the number of reviews or appeals that
directly resulted in a change of placement;
``(G) a description of the general conditions and
restrictions for each type of solitary confinement
described in subparagraph (A), including the number of
hours spent in confinement in a cell separated from the
general population or in restraints, and the percentage
of time these conditions involve housing a single
inmate in a cell;
``(H) the mean and median length of stay in each
form of solitary confinement described in subparagraph
(A), based on all individuals released from solitary
confinement during the reporting period, including
maximum and high security facilities, special housing
units, special management units, administrative maximum
facilities, communication management units, and any
maximum length of stay during the reporting period;
``(I) the number of inmates who, after a stay of 5
or more days in solitary confinement, were released
directly from solitary confinement to the public during
the reporting period;
``(J) the individual daily fixed cost for each form
of solitary confinement described in subparagraph (A)
in use during the reporting period, including as
compared with the average daily fixed cost of housing
an inmate in the general population;
``(K) statistics for inmate assaults on
correctional officers and staff of the Bureau of
Prisons or the United States Marshals Service, inmate-
on-inmate assaults, and staff-on-inmate use of force
incidents in the various forms of solitary confinement
described in subparagraph (A) and statistics for such
assaults in the general population;
``(L) the policies for mental health screening,
mental health treatment, and subsequent mental health
reviews for all inmates, including any update to the
policies, and any additional screening, treatment, and
monitoring for inmates in solitary confinement;
``(M) a statement of the types of mental health
staff that conducted mental health assessments for the
Bureau of Prisons and the United States Marshals
Service during the reporting period, a description of
the different positions in the mental health staff of
the Bureau of Prisons and the United States Marshals
Service, and the number of part- and full-time
psychologists and psychiatrists employed by the Bureau
of Prisons and the United States Marshals Service
during the reporting period;
``(N) data on mental health and medical indicators
for all inmates in solitary confinement, including--
``(i) the number of inmates requiring
medication for mental health conditions;
``(ii) the number of inmates diagnosed with
an intellectual disability;
``(iii) the number of inmates diagnosed
with a serious mental illness;
``(iv) the number of suicides;
``(v) the number of attempted suicides and
number of inmates placed on suicide watch;
``(vi) the number of instances of self-harm
committed by inmates;
``(vii) the number of inmates with physical
disabilities, including blind, deaf, and
mobility-impaired inmates; and
``(viii) the number of instances of force-
feeding of inmates;
``(O) the type and number of hours of programming
received by inmates in restrictive housing; and
``(P) any other relevant data.''.
SEC. 7. NATIONAL COORDINATING CENTER ON SOLITARY CONFINEMENT REDUCTION
AND REFORM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means an entity, or a partnership of entities, that
has demonstrated expertise in the fields of--
(1) solitary confinement, including the reduction and
reform of its use; and
(2) providing technical assistance to corrections agencies
on how to reduce and reform solitary confinement.
(b) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Bureau of Justice Assistance shall enter
into a cooperative agreement, on a competitive basis, with an eligible
entity for the purpose of establishing a coordinating center for State,
local, and Federal corrections systems, which shall conduct activities
such as--
(1) providing on-site technical assistance and consultation
to Federal, State, and local corrections agencies to safely
reduce the use of solitary confinement;
(2) acting as a clearinghouse for research, data, and
information on the safe reduction of solitary confinement in
prisons and other custodial settings, including facilitating
the exchange of information between Federal, State, and local
practitioners, national experts, and researchers;
(3) creating a minimum of 10 learning sites in Federal,
State, and local jurisdictions that have already reduced their
use of solitary confinement and that will coordinate with other
Federal, State, and local agencies to participate in training,
consultation, and other forms of assistance and partnership
with these learning sites;
(4) conducting evaluations of jurisdictions that have
decreased their use of solitary confinement to determine best
practices;
(5) conducting research on the effectiveness of
alternatives to solitary confinement, such as step-down or
transitional programs, strategies to reintegrate inmates into
the general population in a facility, the role of officers and
staff culture in reform efforts, and other research relevant to
the safe reduction of solitary confinement;
(6) developing and disseminating a toolkit for systems to
reduce the excessive use of solitary confinement;
(7) developing and disseminating an online self-assessment
tool for State and local jurisdictions to assess their own use
of solitary confinement and identify strategies to reduce the
use of solitary confinement; and
(8) conducting public webinars to highlight new and
promising practices.
(c) Administration.--The program under this section shall be
administered by the Bureau of Justice Assistance.
(d) Report.--On an annual basis, the coordinating center shall
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on its
activities and any changes in solitary confinement policy at the
Federal, State, or local level that have resulted from the activities
of the coordinating center.
(e) Duration.--The Bureau of Justice Assistance shall enter into a
cooperative agreement under this section for 5 years.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) to the Director of the Bureau of Prisons such sums as
may be necessary to carry out sections 2, 3, 4, and 6, and the
amendments made by such sections;
(2) to the Director of the United States Marshals Service
such sums as may be necessary to carry out sections 2, 3, 5,
and 6, and the amendments made by such sections; and
(3) to the Bureau of Justice Assistance such sums as may be
necessary to carry out section 7.
SEC. 9. REGULATIONS.
The Director of the Bureau of Prisons and the Director of the
United States Marshals Service shall prescribe rules, in accordance
with section 553 of title 5, United States Code, to carry out this Act
and the amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this Act and the
amendments made by this Act shall take effect 18 months after the date
of enactment of this Act.
(b) Contractors.--For facilities that contract with the Bureau of
Prisons or the United States Marshals Services, this Act and the
amendments made by this Act shall apply to contracts finalized and
entered into after the effective date of this Act.
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