II 

117TH CONGRESS 

2D SESSION S. 5038 

To reform the use of solitary confinement and other forms of restrictive 

housing in the Bureau of Prisons, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. DURBIN (for himself, Mr. COONS, Mr. BOOKER, Mr. LEAHY, Mr. SCHATZ, 

Mr. MURPHY, and Ms. WARREN) 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 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Solitary Confinement 

5 Reform Act’’. 

6 SEC. 2. SOLITARY CONFINEMENT REFORMS. 

7 (a) AMENDMENT.—Chapter 303 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 4052. Solitary confinement 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) ADMINISTRATIVE MAXIMUM FACILITY.— 

4 The term ‘administrative maximum facility’ means a 

5 maximum-security facility, including the Administra6 tive Maximum facility in Florence, Colorado, de7 signed to house inmates who present an ongoing sig8 nificant and serious threat to other inmates, staff, 

9 and the public. 

10 ‘‘(2) ADMINISTRATIVE SEGREGATION.—The 

11 term ‘administrative segregation’ means a nonpuni12 tive form of solitary confinement that removes an in13 dividual from the general population of a correc14 tional facility for— 

15 ‘‘(A) investigative, protective, or preventa16 tive reasons resulting in a substantial and im17 mediate threat; or 

18 ‘‘(B) transitional reasons, including a 

19 pending transfer, pending classification, or 

20 other temporary administrative matter. 

21 ‘‘(3) APPROPRIATE LEVEL OF CARE.—The term 

22 ‘appropriate level of care’ means the appropriate 

23 treatment setting for mental health care that an in24 mate with mental illness requires, which may include 

25 outpatient care, emergency or crisis services, day 


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1 treatment, supported residential housing, infirmary 

2 care, or inpatient psychiatric hospitalization services. 

3 ‘‘(4) DIRECTOR.—The term ‘Director’ means 

4 the Director of the Bureau of Prisons. 

5 ‘‘(5) DISCIPLINARY HEARING OFFICER.—The 

6 term ‘disciplinary hearing officer’ means an em7 ployee of the Bureau of Prisons who is responsible 

8 for conducting disciplinary hearings for which soli9 tary confinement may be a sanction, as described in 

10 section 541.8 of title 28, Code of Federal Regula11 tions, or any successor thereto. 

12 ‘‘(6) DISCIPLINARY SEGREGATION.—The term 

13 ‘disciplinary segregation’ means a punitive form of 

14 solitary confinement imposed only by a disciplinary 

15 hearing officer as a sanction for committing a sig16 nificant and serious disciplinary infraction. 

17 ‘‘(7) INTELLECTUAL DISABILITY.—The term 

18 ‘intellectual disability’ means a significant mental 

19 impairment characterized by significant limitations 

20 in both intellectual functioning and in adaptive be21 havior. 

22 ‘‘(8) MULTIDISCIPLINARY STAFF COM23 MITTEE.—The term ‘multidisciplinary staff com24 mittee’ means a committee— 


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1 ‘‘(A) made up of staff at the facility where 

2 an inmate resides who are responsible for re3 viewing the initial placement of the inmate in 

4 solitary confinement and any extensions of time 

5 in solitary confinement; and 

6 ‘‘(B) which shall include— 

7 ‘‘(i) not less than 1 licensed mental 

8 health professional; 

9 ‘‘(ii) not less than 1 medical profes10 sional; and 

11 ‘‘(iii) not less than 1 member of the 

12 leadership of the facility. 

13 ‘‘(9) ONGOING SIGNIFICANT AND SERIOUS

14 THREAT.—The term ‘ongoing significant and serious 

15 threat’ means an ongoing set of circumstances that 

16 require the highest level of security and staff super17 vision for an inmate who, by the behavior of the in18 mate— 

19 ‘‘(A) has been identified as assaultive, 

20 predacious, riotous, or a serious escape risk; 

21 and 

22 ‘‘(B) poses a great risk to other inmates, 

23 staff, and the public. 

24 ‘‘(10) PROTECTION CASE.—The term ‘protec25 tion case’ means an inmate who, by the request of 


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1 the inmate or through a staff determination, re2 quires protection, as described by section 

3 541.23(c)(3) of title 28, Code of Federal Regula4 tions, or any successor thereto. 

5 ‘‘(11) SERIOUS MENTAL ILLNESS.—The term 

6 ‘serious mental illness’ means a substantial disorder 

7 of thought or mood that significantly impairs judg8 ment, behavior, capacity to recognize reality, or abil9 ity to cope with the ordinary demands of life. 

10 ‘‘(12) SIGNIFICANT AND SERIOUS DISCIPLINARY

11 INFRACTION.—The term ‘significant and serious dis12 ciplinary infraction’ means— 

13 ‘‘(A) an act of violence that either— 

14 ‘‘(i) resulted in or was likely to result 

15 in serious injury or death to another; or 

16 ‘‘(ii) occurred in connection with any 

17 act of nonconsensual sex; 

18 ‘‘(B) an escape, attempted escape, or con19 spiracy to escape from within a security perim20 eter or custody, or both; or 

21 ‘‘(C) possession of weapons, possession of 

22 illegal narcotics with intent to distribute, or 

23 other similar, severe threats to the safety of the 

24 inmate, other inmates, staff, or the public. 


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1 ‘‘(13) SOLITARY CONFINEMENT.—The term 

2 ‘solitary confinement’ means confinement character3 ized by substantial isolation in a cell, alone or with 

4 other inmates, including administrative segregation, 

5 disciplinary segregation, and confinement in any fa6 cility designated by the Bureau of Prisons as a spe7 cial housing unit, special management unit, or ad8 ministrative maximum facility. 

9 ‘‘(14) SPECIAL ADMINISTRATIVE MEASURES.— 

10 The term ‘special administrative measures’ means 

11 reasonably necessary measures used to— 

12 ‘‘(A) prevent disclosure of classified infor13 mation upon written certification to the Attor14 ney General by the head of an element of the 

15 intelligence community (as defined under sec16 tion 3 of the National Security Act of 1947 (50 

17 U.S.C. 3003)) that the unauthorized disclosure 

18 of such information would pose a threat to the 

19 national security and that there is a danger 

20 that the inmate will disclose such information, 

21 as described by section 501.2 of title 28, Code 

22 of Federal Regulations, or any successor there23 to; or 

24 ‘‘(B) protect persons against the risk of 

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1 tification to the Director by the Attorney Gen2 eral or, at the Attorney General’s direction, by 

3 the head of a Federal law enforcement agency, 

4 or the head of an element of the intelligence 

5 community (as defined under section 3 of the 

6 National Security Act of 1947 (50 U.S.C. 

7 3003)), that there is a substantial risk that the 

8 communications of an inmate or contacts by the 

9 inmate with other persons could result in death 

10 or serious bodily injury to persons, or substan11 tial damage to property that would entail the 

12 risk of death or serious bodily injury to persons, 

13 as described by section 501.3 of title 28, Code 

14 of Federal Regulations, or any successor there15 to. 

16 ‘‘(15) SPECIAL HOUSING UNIT.—The term ‘spe17 cial housing unit’ means a housing unit in an insti18 tution of the Bureau of Prisons in which inmates 

19 are securely separated from the general inmate pop20 ulation for disciplinary or administrative reasons, as 

21 described in section 541.21 of title 28, Code of Fed22 eral Regulations, or any successor thereto. 

23 ‘‘(16) SPECIAL MANAGEMENT UNIT.—The term 

24 ‘special management unit’ means a nonpunitive 

25 housing program with multiple, step-down phases for 


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1 inmates whose history, behavior, or situation re2 quires enhanced management approaches in order to 

3 ensure the safety of other inmates, the staff, and the 

4 public. 

5 ‘‘(17) SUBSTANTIAL AND IMMEDIATE

6 THREAT.—The term ‘substantial and immediate 

7 threat’ means any set of temporary and unforeseen 

8 circumstances that require immediate action in order 

9 to combat a threat to the safety of an inmate, other 

10 inmates, staff, or the public. 

11 ‘‘(b) USE OF SOLITARY CONFINEMENT.— 

12 ‘‘(1) IN GENERAL.—The placement of a Federal 

13 inmate in solitary confinement within the Bureau of 

14 Prisons or any facility that contracts with the Bu15 reau of Prisons to provide housing for inmates in 

16 Federal custody shall be limited to situations in 

17 which such confinement— 

18 ‘‘(A) is limited to the briefest term and the 

19 least restrictive conditions practicable, including 

20 not less than 4 hours of out-of-cell time every 

21 day, unless the inmate poses a substantial and 

22 immediate threat; 

23 ‘‘(B) is consistent with the rationale for 

24 placement and with the progress achieved by 

25 the inmate; 


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1 ‘‘(C) allows the inmate to participate in 

2 meaningful programming opportunities and 

3 privileges as consistent with those available in 

4 the general population as practicable, either in5 dividually or in a classroom setting; 

6 ‘‘(D) allows the inmate to have as much 

7 meaningful interaction with others, such as 

8 other inmates, visitors, clergy, or licensed men9 tal health professionals, as practicable; and 

10 ‘‘(E) complies with the provisions of this 

11 section. 

12 ‘‘(2) TRANSITIONAL PROCESS FOR INMATES IN

13 SOLITARY CONFINEMENT.— 

14 ‘‘(A) INMATES WITH UPCOMING RELEASE

15 DATES.—The Director shall establish— 

16 ‘‘(i) policies to ensure that an inmate 

17 with an anticipated release date of 180 

18 days or less is not housed in solitary con19 finement, unless— 

20 ‘‘(I) such confinement is limited 

21 to not more than 5 days of adminis22 trative segregation relating to the up23 coming release of the inmate; or 

24 ‘‘(II) the inmate poses a substan25 tial and immediate threat; and 


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1 ‘‘(ii) a transitional process for each 

2 inmate with an anticipated release date of 

3 180 days or less who is held in solitary 

4 confinement under clause (i)(II), which 

5 shall include— 

6 ‘‘(I) substantial re-socialization 

7 programming in a group setting; 

8 ‘‘(II) regular mental health coun9 seling to assist with the transition; 

10 and 

11 ‘‘(III) re-entry planning services 

12 offered to inmates in a general popu13 lation setting. 

14 ‘‘(B) INMATES IN LONG-TERM SOLITARY

15 CONFINEMENT.—The Director shall establish a 

16 transitional process for each inmate who has 

17 been held in solitary confinement for more than 

18 30 days and who will transition into a general 

19 population unit, which shall include— 

20 ‘‘(i) substantial re-socialization pro21 gramming in a group setting; and 

22 ‘‘(ii) regular mental health counseling 

23 to assist with the transition. 

24 ‘‘(3) PROTECTIVE CUSTODY UNITS.—The Di25 rector— 


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1 ‘‘(A) shall establish within the Federal 

2 prison system additional general population 

3 protective custody units that provide sheltered 

4 general population housing to protect inmates 

5 from harm that they may otherwise be exposed 

6 to in a typical general population housing unit; 

7 ‘‘(B) shall establish policies to ensure that 

8 an inmate who is considered a protection case 

9 shall, upon request of the inmate, be placed in 

10 a general population protective custody unit; 

11 ‘‘(C) shall create an adequate number of 

12 general population protective custody units to— 

13 ‘‘(i) accommodate the requests of in14 mates who are considered to be protection 

15 cases; and 

16 ‘‘(ii) ensure that inmates who are con17 sidered to be protection cases are placed in 

18 facilities as close to their homes as prac19 ticable; and 

20 ‘‘(D) may not place an inmate who is con21 sidered to be a protection case in solitary con22 finement due to the status of the inmate as a 

23 protection case unless— 

24 ‘‘(i) the inmate requests to be placed 

25 in solitary confinement, in which case, at 


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1 the request of the inmate the inmate shall 

2 be transferred to a general population pro3 tective custody unit or, if appropriate, a 

4 different general population unit; or 

5 ‘‘(ii) such confinement is limited to— 

6 ‘‘(I) not more than 5 days of ad7 ministrative segregation; and 

8 ‘‘(II) is necessary to protect the 

9 inmate during preparation for trans10 fer to a general population protective 

11 custody unit or a different general 

12 population unit. 

13 ‘‘(4) VULNERABLE POPULATIONS.—The Bureau 

14 of Prisons or any facility that contracts with the Bu15 reau of Prisons shall not place an inmate in solitary 

16 confinement if— 

17 ‘‘(A) the inmate has a serious mental ill18 ness, has an intellectual disability, has a phys19 ical disability that a licensed medical profes20 sional finds is likely to be exacerbated by place21 ment in solitary confinement, is pregnant or in 

22 the first 8 weeks of the postpartum recovery pe23 riod after giving birth, or has been determined 

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1 ly be significantly adversely affected by place2 ment in solitary confinement, unless— 

3 ‘‘(i) the inmate poses a substantial 

4 and immediate threat; 

5 ‘‘(ii) all other options to de-escalate 

6 the situation have been exhausted, includ7 ing less restrictive techniques such as— 

8 ‘‘(I) penalizing the inmate 

9 through loss of privileges; 

10 ‘‘(II) speaking with the inmate in 

11 an attempt to de-escalate the situa12 tion; and 

13 ‘‘(III) a licensed mental health 

14 professional providing an appropriate 

15 level of care; 

16 ‘‘(iii) such confinement is limited to 

17 the briefest term and the least restrictive 

18 conditions practicable, including access to 

19 medical and mental health treatment; 

20 ‘‘(iv) such confinement is reviewed by 

21 a multidisciplinary staff committee for ap22 propriateness every 24 hours; and 

23 ‘‘(v) as soon as practicable, but not 

24 later than 5 days after such confinement 


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1 begins, the inmate is diverted, upon release 

2 from solitary confinement, to— 

3 ‘‘(I) a general population unit; 

4 ‘‘(II) a protective custody unit 

5 described in paragraph (3); or 

6 ‘‘(III) a mental health treatment 

7 program as described in subsection 

8 (c)(2); 

9 ‘‘(B) the inmate is lesbian, gay, bisexual, 

10 transgender (as defined in section 115.5 of title 

11 28, Code of Federal Regulations, or any suc12 cessor thereto), intersex (as defined in section 

13 115.5 of title 28, Code of Federal Regulations, 

14 or any successor thereto), or gender noncon15 forming (as defined in section 115.5 of title 28, 

16 Code of Federal Regulations, or any successor 

17 thereto), when such placement is solely on the 

18 basis of such identification or status; or 

19 ‘‘(C) the inmate is HIV positive, if the 

20 placement is solely on the basis of the HIV 

21 positive status of the inmate. 

22 ‘‘(5) SPECIAL HOUSING UNITS.—The Director 

23 shall— 

24 ‘‘(A) limit administrative segregation— 


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1 ‘‘(i) to situations in which such seg2 regation is necessary to— 

3 ‘‘(I) control a substantial and im4 mediate threat that cannot be ad5 dressed through alternative housing; 

6 or 

7 ‘‘(II) temporarily house an in8 mate pending transfer, pending classi9 fication, or pending resolution of an10 other temporary administrative mat11 ter; and 

12 ‘‘(ii) to a duration of not more than 

13 15 consecutive days, and not more than 20 

14 days in a 60-day period, unless— 

15 ‘‘(I) the inmate requests to re16 main in administrative segregation 

17 under paragraph (3)(D)(i); or 

18 ‘‘(II) in order to address the con19 tinued existence of a substantial and 

20 immediate threat, a multidisciplinary 

21 staff committee approves a temporary 

22 extension, which— 

23 ‘‘(aa) may not be longer 

24 than 15 days; and 


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1 ‘‘(bb) shall be reviewed by 

2 the multidisciplinary staff com3 mittee every 3 days during the 

4 period of the extension, in order 

5 to confirm the continued exist6 ence of the substantial and im7 mediate threat; 

8 ‘‘(B) limit disciplinary segregation— 

9 ‘‘(i) to situations in which such seg10 regation is necessary to punish an inmate 

11 who has been found to have committed a 

12 significant and serious disciplinary infrac13 tion by a disciplinary hearing officer and 

14 alternative sanctions would not adequately 

15 regulate the behavior of the inmate; and 

16 ‘‘(ii) to a duration of not more than 

17 30 consecutive days, and not more than 40 

18 days in a 60-day period, unless a multi19 disciplinary staff committee, in consulta20 tion with the disciplinary hearing officer 

21 who presided over the inmate’s disciplinary 

22 hearing, determines that the significant 

23 and serious disciplinary infraction of which 

24 the inmate was found guilty is of such an 

25 egregious and violent nature that a longer 


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1 sanction is appropriate and approves a 

2 longer sanction, which— 

3 ‘‘(I) may be not more than 60 

4 days in a special housing unit if the 

5 inmate has never before been found 

6 guilty of a similar significant and seri7 ous disciplinary infraction; or 

8 ‘‘(II) may be not more than 90 

9 days in a special housing unit if the 

10 inmate has previously been found 

11 guilty of a similar significant and seri12 ous disciplinary infraction; 

13 ‘‘(C) ensure that any time spent in admin14 istrative segregation during an investigation 

15 into an alleged offense is credited as time 

16 served for a disciplinary segregation sentence; 

17 ‘‘(D) ensure that concurrent sentences are 

18 imposed for disciplinary violations arising from 

19 the same episode; and 

20 ‘‘(E) ensure that an inmate may be re21 leased from disciplinary segregation for good 

22 behavior before completing the term of the in23 mate, unless the inmate poses a substantial and 

24 immediate threat to the safety of other inmates, 

25 staff, or the public. 


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1 ‘‘(6) SPECIAL MANAGEMENT UNITS.—The Di2 rector shall— 

3 ‘‘(A) limit segregation in a special manage4 ment unit to situations in which such segrega5 tion is necessary to temporarily house an in6 mate whose history, behavior, or circumstances 

7 require enhanced management approaches that 

8 cannot be addressed through alternative hous9 ing; 

10 ‘‘(B) evaluate whether further reductions 

11 to the minimum and maximum number of 

12 months an inmate may spend in a special man13 agement unit are appropriate on an annual 

14 basis; 

15 ‘‘(C) ensure that each inmate understands 

16 the status of the inmate in the special manage17 ment unit program and how the inmate may 

18 progress through the program; and 

19 ‘‘(D) further reduce the minimum and 

20 maximum number of months an inmate may 

21 spend in a special management unit if the Di22 rector determines such reductions are appro23 priate after evaluations are performed under 

24 subparagraph (B). 


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1 ‘‘(7) ADMINISTRATIVE MAXIMUM FACILITIES.— 

2 The Director shall— 

3 ‘‘(A) limit segregation in an administrative 

4 maximum facility to situations in which such 

5 segregation is necessary to— 

6 ‘‘(i) implement special administrative 

7 measures, as directed by the Attorney Gen8 eral; or 

9 ‘‘(ii) house an inmate who poses an 

10 ongoing significant and serious threat to 

11 the safety of other inmates, staff, or the 

12 public that cannot be addressed through 

13 alternative housing; and 

14 ‘‘(B) issue final approval of referral of any 

15 inmate who poses an ongoing significant and 

16 serious threat for placement in an Administra17 tive Maximum facility, including the United 

18 States Penitentiary Administrative Maximum in 

19 Florence, Colorado. 

20 ‘‘(8) RIGHT TO REVIEW PLACEMENT IN SOLI21 TARY CONFINEMENT.—The Director shall ensure 

22 that each inmate placed in solitary confinement has 

23 access to— 

24 ‘‘(A) written notice thoroughly detailing 

25 the basis for placement or continued placement 


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1 in solitary confinement not later than 6 hours 

2 after the beginning of such placement, includ3 ing— 

4 ‘‘(i) thorough documentation explain5 ing why such confinement is permissible 

6 and necessary under paragraph (1); and 

7 ‘‘(ii) if an exception under paragraph 

8 (2)(A), (3)(D), (4)(A), (4)(B), (5)(A), or 

9 (5)(B) is used to justify placement in soli10 tary confinement or under paragraph (1) 

11 to justify increased restrictive conditions in 

12 solitary confinement, thorough documenta13 tion explaining why such an exception ap14 plied; 

15 ‘‘(B) a timely, thorough, and continuous 

16 review process that— 

17 ‘‘(i) occurs within not less than 3 days 

18 of placement in solitary confinement, and 

19 thereafter at least— 

20 ‘‘(I) on a weekly basis for in21 mates in special housing units; 

22 ‘‘(II) on a monthly basis for in23 mates in special management units; 

24 and 


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1 ‘‘(III) on a monthly basis for in2 mates at an administrative maximum 

3 facility; 

4 ‘‘(ii) includes private, face-to-face 

5 interviews with a multidisciplinary staff 

6 committee; and 

7 ‘‘(iii) examines whether— 

8 ‘‘(I) placement in solitary con9 finement was and remains necessary; 

10 ‘‘(II) the conditions of confine11 ment comply with this section; and 

12 ‘‘(III) whether any exception 

13 under paragraph (2)(A), (3)(D), 

14 (4)(A), (4)(B), (5)(A), or (5)(B) used 

15 to justify placement in solitary con16 finement or under paragraph (1) used 

17 to justify increased restrictive condi18 tions in solitary confinement was and 

19 remains warranted; 

20 ‘‘(C) a process to appeal the initial place21 ment or continued placement of the inmate in 

22 solitary confinement; 

23 ‘‘(D) prompt and timely written notice of 

24 the appeal procedures; and 


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1 ‘‘(E) copies of all documents, files, and 

2 records relating to the inmate’s placement in 

3 solitary confinement, unless such documents 

4 contain contraband, classified information, or 

5 sensitive security-related information. 

6 ‘‘(c) MENTAL HEALTH CARE FOR INMATES IN SOLI7 TARY CONFINEMENT.— 

8 ‘‘(1) MENTAL HEALTH SCREENING.—Not later 

9 than 6 hours after an inmate in the custody of the 

10 Bureau of Prisons or any facility that contracts with 

11 the Bureau of Prisons to provide housing for in12 mates in Federal custody is placed in solitary con13 finement, the inmate shall receive a comprehensive, 

14 face-to-face mental health evaluation by a licensed 

15 mental health professional in a confidential setting. 

16 ‘‘(2) MENTAL HEALTH TREATMENT PRO17 GRAM.—An inmate diagnosed with a serious mental 

18 illness after an evaluation required under paragraph 

19 (1)— 

20 ‘‘(A) shall not be placed in solitary confine21 ment in accordance with subsection (b)(4); and 

22 ‘‘(B) may be diverted to a mental health 

23 treatment program within the Bureau of Pris24 ons that provides an appropriate level of care to 

25 address the inmate’s mental health needs. 


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1 ‘‘(3) CONTINUING EVALUATIONS.—After each 

2 14-calendar-day period an inmate is held in contin3 uous placement in solitary confinement— 

4 ‘‘(A) a licensed mental health professional 

5 shall conduct a comprehensive, face-to-face, out6 of-cell mental health evaluation of the inmate in 

7 a confidential setting; and 

8 ‘‘(B) the Director shall adjust the place9 ment of the inmate in accordance with this sub10 section. 

11 ‘‘(4) REQUIREMENT.—The Director shall oper12 ate mental health treatment programs in order to 

13 ensure that inmates of all security levels with serious 

14 mental illness have access to an appropriate level of 

15 care. 

16 ‘‘(d) TRAINING FOR BUREAU OF PRISONS STAFF.— 

17 ‘‘(1) TRAINING.—All employees of the Bureau 

18 of Prisons or any facility that contracts with the Bu19 reau of Prisons to provide housing for inmates in 

20 Federal custody who interact with inmates on a reg21 ular basis shall be required to complete training in— 

22 ‘‘(A) the recognition of symptoms of men23 tal illness; 

24 ‘‘(B) the potential risks and side effects of 

25 psychiatric medications; 


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1 ‘‘(C) de-escalation techniques for safely 

2 managing individuals with mental illness; 

3 ‘‘(D) consequences of untreated mental ill4 ness; 

5 ‘‘(E) the long- and short-term psycho6 logical effects of solitary confinement; and 

7 ‘‘(F) de-escalation and communication 

8 techniques to divert inmates from situations 

9 that may lead to the inmate being placed in sol10 itary confinement. 

11 ‘‘(2) NOTIFICATION TO MEDICAL STAFF.—An 

12 employee of the Bureau of Prisons shall immediately 

13 notify a member of the medical or mental health 

14 staff if the employee— 

15 ‘‘(A) observes an inmate with signs of 

16 mental illness, unless such employee has knowl17 edge that the inmate’s signs of mental illness 

18 have previously been reported; or 

19 ‘‘(B) observes an inmate with signs of 

20 mental health crisis. 

21 ‘‘(e) CIVIL RIGHTS OMBUDSMAN.— 

22 ‘‘(1) IN GENERAL.—Within the Bureau of Pris23 ons, there shall be a position of the Civil Rights Om24 budsman (referred to in this subsection as the ‘OmVerDate Sep 11 2014 04:06 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S5038.IS S5038

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1 budsman’) and an Office of the Civil Rights Om2 budsman. 

3 ‘‘(2) APPOINTMENT.—The Ombudsman shall be 

4 appointed by the Attorney General and shall report 

5 directly to the Director. The Ombudsman shall have 

6 a background in corrections and civil rights and 

7 shall have expertise on the effects of prolonged soli8 tary confinement. 

9 ‘‘(3) REPORTING.—The Director shall ensure 

10 that each Bureau of Prisons facility or any facility 

11 that contracts with the Bureau of Prisons provides 

12 multiple internal ways for inmates and others to 

13 promptly report civil rights violations and violations 

14 of this section to the Ombudsman, including— 

15 ‘‘(A) not less than 2 procedures for in16 mates and others to report civil rights violations 

17 and violations of this section to an entity or of18 fice that is not part of the facility, and that is 

19 able to receive and immediately forward inmate 

20 reports to the Ombudsman, allowing the inmate 

21 to remain anonymous upon request; and 

22 ‘‘(B) not less than 2 procedures for in23 mates and others to report civil rights abuses 

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1 man in a confidential manner, allowing the in2 mate to remain anonymous upon request. 

3 ‘‘(4) NOTICE.—The Director shall ensure that 

4 each Bureau of Prisons facility or any facility that 

5 contracts with the Bureau of Prisons provides in6 mates with— 

7 ‘‘(A) notice of how to report civil rights 

8 violations and violations of this section in ac9 cordance with paragraph (3), including— 

10 ‘‘(i) notice prominently posted in the 

11 living and common areas of each such fa12 cility; 

13 ‘‘(ii) individual notice to inmates at 

14 initial intake into the Bureau of Prisons, 

15 when transferred to a new facility, and 

16 when placed in solitary confinement; 

17 ‘‘(iii) notice to inmates with disabil18 ities in accessible formats; and 

19 ‘‘(iv) written or verbal notice in a lan20 guage the inmate understands; and 

21 ‘‘(B) notice of permissible practices related 

22 to solitary confinement in the Bureau of Pris23 ons, including the requirements of this section. 

24 ‘‘(5) FUNCTIONS.—The Ombudsman shall— 


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1 ‘‘(A) review all complaints the Ombudsman 

2 receives; 

3 ‘‘(B) investigate all complaints that allege 

4 a civil rights violation or violation of this sec5 tion; 

6 ‘‘(C) refer all possible violations of law to 

7 the Department of Justice; 

8 ‘‘(D) refer to the Director allegations of 

9 misconduct involving Bureau of Prisons staff; 

10 ‘‘(E) identify areas in which the Bureau of 

11 Prisons can improve the Bureau’s policies and 

12 practices to ensure that the civil rights of in13 mates are protected; 

14 ‘‘(F) identify areas in which the Bureau of 

15 Prisons can improve the solitary confinement 

16 policies and practices of the Bureau and reduce 

17 the use of solitary confinement; and 

18 ‘‘(G) propose changes to the policies and 

19 practices of the Bureau of Prisons to mitigate 

20 problems and address issues the Ombudsman 

21 identifies. 

22 ‘‘(6) ACCESS.—The Ombudsman shall have un23 restricted access to Bureau of Prisons facilities and 

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1 ons and shall be able to speak privately with inmates 

2 and staff. 

3 ‘‘(7) ANNUAL REPORTS.— 

4 ‘‘(A) OBJECTIVES.—Not later than De5 cember 31 of each year, the Ombudsman shall 

6 submit to the Committee on the Judiciary of 

7 the Senate and the Committee on the Judiciary 

8 of the House of Representatives a report on the 

9 activities of the Office of the Ombudsman for 

10 the fiscal year ending in such calendar year. 

11 ‘‘(B) CONTENTS.—Each report submitted 

12 under subparagraph (A) shall— 

13 ‘‘(i) contain full and substantive anal14 ysis, in addition to statistical information; 

15 ‘‘(ii) identify the recommendations the 

16 Office of the Ombudsman has made on ad17 dressing reported civil rights violations and 

18 violations of this section and reducing the 

19 use and improving the practices of solitary 

20 confinement in the Bureau of Prisons; 

21 ‘‘(iii) contain a summary of problems 

22 relating to reported civil rights violations 

23 and violations of this section, including a 

24 detailed description of the nature of such 

25 problems and a breakdown of where the 


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1 problems occur among Bureau of Prisons 

2 facilities and facilities that contract with 

3 the Bureau of Prisons; 

4 ‘‘(iv) contain an inventory of the items 

5 described in clauses (ii) and (iii) for which 

6 action has been taken and the result of 

7 such action; 

8 ‘‘(v) contain an inventory of the items 

9 described in clauses (ii) and (iii) for which 

10 action remains to be completed and the pe11 riod during which each item has remained 

12 on such inventory; 

13 ‘‘(vi) contain an inventory of the items 

14 described in clauses (ii) and (iii) for which 

15 no action has been taken, the period dur16 ing which each item has remained on such 

17 inventory, the reasons for the inaction, and 

18 shall identify any official of the Bureau of 

19 Prisons who is responsible for such inac20 tion; 

21 ‘‘(vii) contain recommendations for 

22 such legislative or administrative action as 

23 may be appropriate to resolve problems 

24 identified in clause (iii); and 


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1 ‘‘(viii) include such other information 

2 as the Ombudsman determines necessary. 

3 ‘‘(C) SUBMISSION OF REPORTS.—Each re4 port required under this paragraph shall be 

5 provided directly to the Committees described 

6 in subparagraph (A) without any prior review, 

7 comment, or amendment from the Director or 

8 any other officer or employee of the Depart9 ment of Justice or Bureau of Prisons. 

10 ‘‘(8) REGULAR MEETINGS WITH THE DIRECTOR

11 OF THE BUREAU OF PRISONS.—The Ombudsman 

12 shall meet regularly with the Director to identify 

13 problems with reported civil rights violations and the 

14 solitary confinement policies and practices of the 

15 Bureau of Prisons, including overuse of solitary con16 finement, and to present recommendations for such 

17 administrative action as may be appropriate to re18 solve problems relating to reported civil rights viola19 tions and the solitary confinement policies and prac20 tices of the Bureau of Prisons. 

21 ‘‘(9) RESPONSIBILITIES OF BUREAU OF PRIS22 ONS.—The Director shall establish procedures re23 quiring that, not later than 3 months after the date 

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1 propriate employee of the Bureau of Prisons issue a 

2 formal response to the recommendation. 

3 ‘‘(10) NON-APPLICATION OF THE PRISON LITI4 GATION REFORM ACT.—Inmate reports sent to the 

5 Ombudsman shall not be considered an administra6 tive remedy under section 7(a) of the Civil Rights of 

7 Institutionalized Persons Act (42 U.S.C. 

8 1997e(a)).’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections for chapter 303 of title 18, United 

11 States Code, is amended by inserting after the item relat12 ing to section 4051 the following: 

‘‘4052. Solitary confinement.’’. 

13 SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Director of the Bureau of Prisons shall— 

16 (1) assemble a team of licensed mental health 

17 professionals, which may include licensed mental 

18 health professionals who are not employed by the 

19 Bureau of Prisons, to conduct a comprehensive men20 tal health reevaluation for each inmate held in soli21 tary confinement for more than 30 days as of the 

22 date of enactment of this Act, including a confiden23 tial, face-to-face, out-of-cell interview by a licensed 

24 mental health professional; and 


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1 (2) adjust the placement of each inmate in ac2 cordance with section 4052(c) of title 18, United 

3 States Code, as added by section 2. 

4 SEC. 4. DIRECTOR OF BUREAU OF PRISONS. 

5 Section 4041 of title 18, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

8 the ‘‘The Bureau of Prisons shall be’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(b) OMBUDSMAN.—The Director of the Bureau of 

11 Prisons shall— 

12 ‘‘(1) meet regularly with the Ombudsman ap13 pointed under section 4052(e) to identify how the 

14 Bureau of Prisons can address reported civil rights 

15 violations and reduce the use of solitary confinement 

16 and correct problems in the solitary confinement 

17 policies and practices of the Bureau; 

18 ‘‘(2) conduct a prompt and thorough investiga19 tion of each referral from the Ombudsman under 

20 section 4052(e)(5)(D), after each such investigation 

21 take appropriate disciplinary action against any Bu22 reau of Prisons employee who is found to have en23 gaged in misconduct or to have violated Bureau of 

24 Prisons policy, and notify the Ombudsman of the 

25 outcome of each such investigation; and 


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1 ‘‘(3) establish procedures requiring a formal re2 sponse by the Bureau of Prisons to any rec3 ommendation of the Ombudsman in the annual re4 port submitted under section 4052(e)(7) not later 

5 than 90 days after the date on which the report is 

6 submitted to Congress.’’. 

7 SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINE8 MENT. 

9 Section 4047 of title 18, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(d) PRISON SOLITARY CONFINEMENT ASSESS12 MENTS.— 

13 ‘‘(1) IN GENERAL.—Not later than March 31 of 

14 each year, the Director of the Bureau of Prisons 

15 shall prepare and transmit to the Committee on the 

16 Judiciary of the Senate and the Committee on the 

17 Judiciary of the House of Representatives an annual 

18 assessment of the use of solitary confinement, as de19 fined in section 4052(a), by the Bureau of Prisons. 

20 ‘‘(2) CONTENTS.—Each assessment submitted 

21 under paragraph (1) shall include— 

22 ‘‘(A) the policies and regulations of the 

23 Bureau of Prisons, including any changes in 

24 policies and regulations, for determining which 

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1 finement, or housing in which an inmate is sep2 arated from the general population in use dur3 ing the reporting period, and a detailed descrip4 tion of each form of solitary confinement in use, 

5 including all maximum and high security facili6 ties, all special housing units, all special man7 agement units, all Administrative Maximum fa8 cilities, including the United States Peniten9 tiary Administrative Maximum in Florence, Col10 orado, and all Communication Management 

11 Units; 

12 ‘‘(B) the number of inmates in the custody 

13 of the Bureau of Prisons who are housed in 

14 each type of solitary confinement described in 

15 subparagraph (A) for any period and the per16 centage of all inmates who have spent at least 

17 some time in each form of solitary confinement 

18 during the reporting period; 

19 ‘‘(C) the demographics of all inmates 

20 housed in each type of solitary confinement de21 scribed in subparagraph (A), including race, 

22 ethnicity, religion, age, and gender; 

23 ‘‘(D) the policies and regulations of the 

24 Bureau of Prisons, including any updates in 

25 policies and regulations, for subsequent reviews 


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1 or appeals of the placement of an inmate into 

2 or out of solitary confinement; 

3 ‘‘(E) the number of reviews of and chal4 lenges to each type of solitary confinement 

5 placement described in subparagraph (A) con6 ducted during the reporting period and the 

7 number of reviews or appeals that directly re8 sulted in a change of placement; 

9 ‘‘(F) the general conditions and restric10 tions for each type of solitary confinement de11 scribed in subparagraph (A), including the 

12 number of hours spent in ‘isolation,’ or re13 straint, for each, and the percentage of time 

14 these conditions involve single-inmate housing; 

15 ‘‘(G) the mean and median length of stay 

16 in each form of solitary confinement described 

17 in subparagraph (A), based on all individuals 

18 released from solitary confinement during the 

19 reporting period, including maximum and high 

20 security facilities, special housing units, special 

21 management units, the Administrative Max22 imum facilities, including the United States 

23 Penitentiary Administrative Maximum in Flor24 ence, Colorado, Communication Management 


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1 Units, and any maximum length of stay during 

2 the reporting period; 

3 ‘‘(H) the number of inmates who, after a 

4 stay of 5 or more days in solitary confinement, 

5 were released directly from solitary confinement 

6 to the public during the reporting period; 

7 ‘‘(I) the cost for each form of solitary con8 finement described in subparagraph (A) in use 

9 during the reporting period, including as com10 pared with the average daily cost of housing an 

11 inmate in the general population; 

12 ‘‘(J) statistics for inmate assaults on cor13 rectional officers and staff of the Bureau of 

14 Prisons, inmate-on-inmate assaults, and staff15 on-inmate use of force incidents in the various 

16 forms of solitary confinement described in sub17 paragraph (A) and statistics for such assaults 

18 in the general population; 

19 ‘‘(K) the policies for mental health screen20 ing, mental health treatment, and subsequent 

21 mental health reviews for all inmates, including 

22 any update to the policies, and any additional 

23 screening, treatment, and monitoring for in24 mates in solitary confinement; 


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1 ‘‘(L) a statement of the types of mental 

2 health staff that conducted mental health as3 sessments for the Bureau of Prisons during the 

4 reporting period, a description of the different 

5 positions in the mental health staff of the Bu6 reau of Prisons, and the number of part- and 

7 full-time psychologists and psychiatrists em8 ployed by the Bureau of Prisons during the re9 porting period; 

10 ‘‘(M) data on mental health and medical 

11 indicators for all inmates in solitary confine12 ment, including— 

13 ‘‘(i) the number of inmates requiring 

14 medication for mental health conditions; 

15 ‘‘(ii) the number diagnosed with an 

16 intellectual disability; 

17 ‘‘(iii) the number diagnosed with seri18 ous mental illness; 

19 ‘‘(iv) the number of suicides; 

20 ‘‘(v) the number of attempted suicides 

21 and number of inmates placed on suicide 

22 watch; 

23 ‘‘(vi) the number of instances of self24 harm committed by inmates; 


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1 ‘‘(vii) the number of inmates with 

2 physical disabilities, including blind, deaf, 

3 and mobility-impaired inmates; and 

4 ‘‘(viii) the number of instances of 

5 forced feeding of inmates; and 

6 ‘‘(N) any other relevant data.’’. 

7 SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CON8 FINEMENT REDUCTION AND REFORM. 

9 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec10 tion, the term ‘‘eligible entity’’ means an entity, or a part11 nership of entities, that has demonstrated expertise in the 

12 fields of— 

13 (1) solitary confinement, including the reduc14 tion and reform of its use; and 

15 (2) providing technical assistance to corrections 

16 agencies on how to reduce and reform solitary con17 finement. 

18 (b) REQUIREMENTS.—Not later than 180 days after 

19 the date of enactment of this Act, the Bureau of Justice 

20 Assistance shall enter into a cooperative agreement, on a 

21 competitive basis, with an eligible entity for the purpose 

22 of establishing a coordinating center for State, local, and 

23 Federal corrections systems, which shall conduct activities 

24 such as— 


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1 (1) providing on-site technical assistance and 

2 consultation to Federal, State, and local corrections 

3 agencies to safely reduce the use of solitary confine4 ment; 

5 (2) acting as a clearinghouse for research, data, 

6 and information on the safe reduction of solitary 

7 confinement in prisons and other custodial settings, 

8 including facilitating the exchange of information be9 tween Federal, State, and local practitioners, na10 tional experts, and researchers; 

11 (3) creating a minimum of 10 learning sites in 

12 Federal, State, and local jurisdictions that have al13 ready reduced their use of solitary confinement and 

14 work with other Federal, State, and local agencies to 

15 participate in training, consultation, and other forms 

16 of assistance and partnership with these learning 

17 sites; 

18 (4) conducting evaluations of jurisdictions that 

19 have decreased their use of solitary confinement to 

20 determine best practices; 

21 (5) conducting research on the effectiveness of 

22 alternatives to solitary confinement, such as step23 down or transitional programs, strategies to re24 integrate inmates into general population, the role of 

25 officers and staff culture in reform efforts, and other 


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1 research relevant to the safe reduction of solitary 

2 confinement; 

3 (6) developing and disseminating a toolkit for 

4 systems to reduce the excessive use of solitary con5 finement; 

6 (7) developing and disseminating an online self7 assessment tool for State and local jurisdictions to 

8 assess their own use of solitary confinement and 

9 identify strategies to reduce its use; and 

10 (8) conducting public webinars to highlight new 

11 and promising practices. 

12 (c) ADMINISTRATION.—The program under this sec13 tion shall be administered by the Bureau of Justice Assist14 ance. 

15 (d) REPORT.—On an annual basis, the coordinating 

16 center shall report to the Committee on the Judiciary of 

17 the Senate and the Committee on the Judiciary of the 

18 House of Representatives on its activities and any changes 

19 in solitary confinement policy at the Federal, State, or 

20 local level that have resulted from its activities. 

21 (e) DURATION.—The Bureau of Justice Assistance 

22 shall enter into a cooperative agreement under this section 

23 for 5 years. 

24 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

25 There is authorized to be appropriated— 


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1 (1) to the Director of the Bureau of Prisons 

2 such sums as may be necessary to carry out sections 

3 2, 3, 4, and 5, and the amendments made by such 

4 sections; and 

5 (2) to the Bureau of Justice Assistance such 

6 sums as may be necessary to carry out section 6. 

7 SEC. 8. NOTICE AND COMMENT REQUIREMENT. 

8 The Director of the Bureau of Prisons shall prescribe 

9 rules, in accordance with section 553 of title 5, United 

10 States Code, to carry out this Act and the amendments 

11 made by this Act. 

12 SEC. 9. EFFECTIVE DATE. 

13 Except as otherwise provided, this Act and the 

14 amendments made by this Act shall take effect 18 months 

15 after the date of enactment of this Act. 

Æ 


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