II 

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. 

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 United 

6 States Penitentiary Administrative Maximum facility 

7 in Florence, Colorado, designed to house inmates 

8 who present an ongoing significant and serious 

9 threat to other inmates, staff, and the public. 

10 ‘‘(2) ADMINISTRATIVE SEGREGATION.—The 

11 term ‘administrative segregation’ means a nonpuni12 tive form of separation of an inmate from the gen13 eral population of a correctional facility for— 

14 ‘‘(A) investigative, protective, or preventa15 tive reasons resulting from a substantial and 

16 immediate threat; or 

17 ‘‘(B) transitional reasons, including a 

18 pending transfer, pending classification, or 

19 other temporary administrative matter. 

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

21 ‘appropriate level of care’ means the appropriate 

22 treatment setting for mental health care that an in23 mate with mental illness requires, which may include 

24 outpatient care, emergency or crisis services, day 

25 treatment, supported residential housing, infirmary 

26 care, or inpatient psychiatric hospitalization services. 


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1 ‘‘(4) COVERED FACILITY.—The term ‘covered 

2 facility’ means— 

3 ‘‘(A) with respect to the Bureau of Pris4 ons, a facility under the administration of the 

5 Bureau of Prisons, or a facility under contract 

6 with the Bureau of Prisons to provide housing 

7 for inmates in Federal custody; or 

8 ‘‘(B) a facility under contract with the 

9 United States Marshals Service to provide hous10 ing for inmates in Federal custody. 

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

12 term ‘disciplinary hearing officer’ means an indi13 vidual who— 

14 ‘‘(A) in the case of— 

15 ‘‘(i) the Bureau of Prisons or the 

16 United States Marshals Service, is an em17 ployee who is a supervisory or administra18 tive officer who is employed in the office of 

19 the regional director, central office, or dis20 trict office; or 

21 ‘‘(ii) a facility that contracts with the 

22 Bureau of Prisons or the United States 

23 Marshals Service, is the designee of the Di24 rector of the Bureau of Prisons or the DiVerDate Sep 11 2014 19:58 Apr 24, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4121.IS S4121

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1 rector of the United States Marshals Serv2 ice; and 

3 ‘‘(B) is responsible for conducting discipli4 nary hearings for which solitary confinement 

5 may be a sanction, as described in section 

6 541.8 of title 28, Code of Federal Regulations, 

7 or any successor thereto. 

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

9 ‘disciplinary segregation’ means a form of separation 

10 from the general population of a facility imposed 

11 only by a disciplinary hearing officer as a response 

12 to an inmate committing a significant and serious 

13 disciplinary infraction. 

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

15 ‘intellectual disability’ means a mental impairment 

16 characterized by significant limitations in both intel17 lectual functioning and adaptive behavior. 

18 ‘‘(8) MENTAL ILLNESS.—The term ‘mental ill19 ness’ means a diagnosable mental, behavioral, or 

20 emotional disorder that— 

21 ‘‘(A) is of sufficient duration to meet diag22 nostic criteria within the most recent edition of 

23 the Diagnostic and Statistical Manual of Men24 tal Disorders published by the American Psy25 chiatric Association; and 


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1 ‘‘(B) has resulted in functional impairment 

2 that substantially interferes with or limits 1 or 

3 more major life activities. 

4 ‘‘(9) MULTIDISCIPLINARY STAFF COM5 MITTEE.—The term ‘multidisciplinary staff com6 mittee’ means a committee— 

7 ‘‘(A) comprised of staff at the facility 

8 where an inmate resides who are responsible for 

9 reviewing the initial placement of the inmate in 

10 solitary confinement and any extensions of time 

11 in solitary confinement; and 

12 ‘‘(B) which shall include— 

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

14 health professional; 

15 ‘‘(ii) not less than 1 medical profes16 sional; and 

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

18 leadership of the facility. 

19 ‘‘(10) OMBUDSMAN.—The term ‘Ombudsman’ 

20 means the Ombudsman for the Civil Rights of Incar21 cerated People established in subsection (e). 

22 ‘‘(11) ONGOING SIGNIFICANT AND SERIOUS

23 THREAT.—The term ‘ongoing significant and serious 

24 threat’ means an ongoing set of circumstances that 


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1 requires the highest level of security and staff super2 vision for an inmate who— 

3 ‘‘(A) has engaged in assaultive, predacious, 

4 or riotous behavior, or seriously attempted es5 cape; and 

6 ‘‘(B) poses a specific risk of physical injury 

7 to other inmates, staff, or the public. 

8 ‘‘(12) PROTECTION CASE.—The term ‘protec9 tion case’ means an inmate who, by the request of 

10 the inmate or through a staff determination, re11 quires protection, as described by section 

12 541.23(c)(3) of title 28, Code of Federal Regula13 tions, or any successor thereto. 

14 ‘‘(13) SERIOUS MENTAL ILLNESS.—The term 

15 ‘serious mental illness’ means a substantial disorder 

16 of thought or mood that significantly impairs judg17 ment, behavior, capacity to recognize reality, or abil18 ity to cope with the ordinary demands of life. 

19 ‘‘(14) SIGNIFICANT AND SERIOUS DISCIPLINARY

20 INFRACTION.—The term ‘significant and serious dis21 ciplinary infraction’ means— 

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

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

24 in serious injury or death to another; or 


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1 ‘‘(ii) occurred in connection with any 

2 act of nonconsensual sex; 

3 ‘‘(B) an escape, attempted escape, or con4 spiracy to escape from within a security perim5 eter or custody, or both; 

6 ‘‘(C) possession of weapons; or 

7 ‘‘(D) possession of illegal narcotics with in8 tent to distribute. 

9 ‘‘(15) SOLITARY CONFINEMENT.—The term 

10 ‘solitary confinement’ means confinement character11 ized by substantial isolation in a cell, alone or with 

12 other inmates, including administrative segregation, 

13 disciplinary segregation, and confinement in any fa14 cility designated by the Bureau of Prisons or the 

15 United States Marshals Service as a special housing 

16 unit, a special management unit, an administrative 

17 maximum facility, or any other housing area that is 

18 separate from or in any way more restrictive than 

19 the general population of the facility in terms of 

20 hours out of cell, programming, services, congregate 

21 engagement with other people, visits, communica22 tions, items, or any other aspect of daily living. 

23 ‘‘(16) SPECIAL ADMINISTRATIVE MEASURES.— 

24 The term ‘special administrative measures’ means 

25 measures used to— 


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1 ‘‘(A) prevent disclosure of classified infor2 mation upon written certification to the Attor3 ney General by the head of an element of the 

4 intelligence community (as defined under sec5 tion 3 of the National Security Act of 1947 (50 

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

7 of such information would pose a threat to na8 tional security and that there is a danger that 

9 the inmate will disclose such information, as de10 scribed by section 501.2 of title 28, Code of 

11 Federal Regulations, or any successor thereto; 

12 or 

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

14 death or serious bodily injury, upon written no15 tification to the Director of the Bureau of Pris16 ons by the Attorney General or, at the Attorney 

17 General’s direction, by the head of a Federal 

18 law enforcement agency, or the head of an ele19 ment of the intelligence community (as defined 

20 under section 3 of the National Security Act of 

21 1947 (50 U.S.C. 3003)), that there is a sub22 stantial risk that the communications of an in23 mate or contacts by the inmate with other per24 sons could result in death or serious bodily in25 jury to persons, or substantial damage to propVerDate Sep 11 2014 19:58 Apr 24, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4121.IS S4121

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1 erty that would entail the risk of death or seri2 ous bodily injury to persons, as described by 

3 section 501.3 of title 28, Code of Federal Regu4 lations, or any successor thereto. 

5 ‘‘(17) SPECIAL HOUSING UNIT.—The term ‘spe6 cial housing unit’ means a housing unit in a covered 

7 facility, in which inmates are securely separated 

8 from the general inmate population for disciplinary 

9 or administrative reasons, as described in section 

10 541.21 of title 28, Code of Federal Regulations, or 

11 any successor thereto. 

12 ‘‘(18) SPECIAL MANAGEMENT UNIT.—The term 

13 ‘special management unit’ means a nonpunitive 

14 housing program with multiple, step-down phases for 

15 inmates whose history, behavior, or situation re16 quires enhanced management approaches in order to 

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

18 public. 

19 ‘‘(19) SUBSTANTIAL AND IMMEDIATE

20 THREAT.—The term ‘substantial and immediate 

21 threat’ means any set of temporary and unforeseen 

22 circumstances that require immediate action in order 

23 to combat a threat to the physical safety of an in24 mate, other inmates, staff, or the public. 

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


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

2 inmate in solitary confinement within a covered fa3 cility shall be limited to situations in which such 

4 confinement— 

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

6 least restrictive conditions practicable, including 

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

8 day, which may include work assignments, 

9 staff-led programs, peer-led programs, volunteer 

10 programs, time in a day room or recreation 

11 area with at least several other people, meals, 

12 or other similar congregate activities with at 

13 least several other people in a group setting 

14 conducive to meaningful human interaction, un15 less the inmate poses a substantial and imme16 diate threat; 

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

18 placement and with the progress achieved by 

19 the inmate; 

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

21 meaningful work assignments and programming 

22 opportunities and privileges as consistent with 

23 those available in the general population as 

24 practicable, either individually or in a con25 gregate setting; 


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

2 meaningful interaction with others, such as 

3 other inmates, visitors, clergy, licensed mental 

4 and physical health professionals, or through 

5 social and legal telephone calls, as practicable; 

6 ‘‘(E) allows the inmate access to all rou7 tine and emergency medical services; and 

8 ‘‘(F) complies with the provisions of this 

9 section. 

10 ‘‘(2) TRANSITIONAL PROCESS FOR INMATES IN

11 SOLITARY CONFINEMENT.— 

12 ‘‘(A) INMATES WITH UPCOMING RELEASE

13 DATES.—The Director of the Bureau of Prisons 

14 shall establish— 

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

16 with an anticipated release date of 180 

17 days or less is not housed in solitary con18 finement, unless— 

19 ‘‘(I) such confinement is limited 

20 to not more than 5 days of adminis21 trative segregation relating to the up22 coming release of the inmate; or 

23 ‘‘(II) the inmate poses a substan24 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 of the Bureau of 

16 Prisons and the Director of the United States 

17 Marshals Service shall each establish a transi18 tional process for each inmate who has been 

19 held in solitary confinement for more than 30 

20 days and who will transition into a general pop21 ulation unit, which shall include— 

22 ‘‘(i) substantial re-socialization pro23 gramming in a group setting; and 

24 ‘‘(ii) regular mental health counseling 

25 to assist with the transition. 


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1 ‘‘(3) PROTECTIVE CUSTODY UNITS.—The Di2 rector of the Bureau of Prisons and the Director of 

3 the United States Marshals Service— 

4 ‘‘(A) shall establish within the Federal 

5 prison system additional general population 

6 protective custody units that provide sheltered 

7 general population housing to protect inmates 

8 from harm that they may otherwise be exposed 

9 to in a typical general population housing unit; 

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

11 an inmate who is considered a protection case 

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

13 a general population protective custody unit; 

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

15 general population protective custody units to— 

16 ‘‘(i) accommodate the requests of in17 mates who are considered to be protection 

18 cases; and 

19 ‘‘(ii) ensure that inmates who are con20 sidered to be protection cases are placed in 

21 facilities as close to their homes as prac22 ticable; 

23 ‘‘(D) may not place an inmate who is con24 sidered to be a protection case in solitary conVerDate Sep 11 2014 19:58 Apr 24, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4121.IS S4121

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1 finement due to the status of the inmate as a 

2 protection case unless— 

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

4 in solitary confinement, in which case, at 

5 the request of the inmate, the inmate shall 

6 be transferred to a general population pro7 tective custody unit or, if appropriate, a 

8 different general population unit; or 

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

10 ‘‘(I) not more than 5 days of ad11 ministrative segregation; and 

12 ‘‘(II) is necessary to protect the 

13 inmate during preparation for trans14 fer to a general population protective 

15 custody unit or a different general 

16 population unit; and 

17 ‘‘(E) shall provide any inmate in protective 

18 custody access to all of the equivalent pro19 grams, services, amenities, including access to 

20 communication, and conditions as people in the 

21 general population of the facility. 

22 ‘‘(4) VULNERABLE POPULATIONS.—A covered 

23 facility may not place an inmate in solitary confine24 ment if— 


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1 ‘‘(A) the inmate is 21 years of age or 

2 younger, is 60 years of age or older, has a seri3 ous mental illness or disability (as defined in 

4 section 3 of the Americans with Disabilities Act 

5 of 1990 (42 U.S.C. 12102)), has been deter6 mined by a licensed mental health professional 

7 to likely be significantly adversely affected by 

8 placement in solitary confinement, is pregnant 

9 or in the first 8 weeks of the postpartum recov10 ery period after giving birth, or is caring for a 

11 child in a facility program, unless— 

12 ‘‘(i) the inmate poses a substantial 

13 and immediate threat; 

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

15 the situation have been exhausted, includ16 ing less restrictive techniques such as— 

17 ‘‘(I) penalizing the inmate 

18 through loss of privileges; 

19 ‘‘(II) speaking with the inmate in 

20 an attempt to de-escalate the situa21 tion; and 

22 ‘‘(III) a licensed mental health 

23 professional providing an appropriate 

24 level of care; 


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1 ‘‘(iii) such confinement is limited to 

2 the briefest term and the least restrictive 

3 conditions practicable, including access to 

4 medical and mental health treatment; 

5 ‘‘(iv) such confinement is reviewed by 

6 a multidisciplinary staff committee for ap7 propriateness every 24 hours; and 

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

9 later than 5 days after such confinement 

10 begins, the inmate is diverted, upon release 

11 from solitary confinement, to— 

12 ‘‘(I) a general population unit; 

13 ‘‘(II) a protective custody unit 

14 described in paragraph (3); or 

15 ‘‘(III) a mental health treatment 

16 program as described in subsection 

17 (c)(2); 

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

19 transgender (as defined in section 115.5 of title 

20 28, Code of Federal Regulations, or any suc21 cessor thereto), intersex (as defined in section 

22 115.5 of title 28, Code of Federal Regulations, 

23 or any successor thereto), or gender noncon24 forming (as defined in section 115.5 of title 28, 

25 Code of Federal Regulations, or any successor 


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1 thereto), if the placement is solely on the basis 

2 of such identification or status; or 

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

4 placement is solely on the basis of the HIV 

5 positive status of the inmate. 

6 ‘‘(5) LIMITATIONS ON THE USE OF RESTRAINTS

7 AND OTHER REQUIREMENTS.—The Director of the 

8 Bureau of Prisons and the Director of the United 

9 States Marshals Service, or any facility that con10 tracts with the Bureau of Prisons or the United 

11 States Marshals Service, shall ensure that— 

12 ‘‘(A) no inmate, including individuals in 

13 solitary confinement, shall be placed in re14 straints during out-of-cell time, unless— 

15 ‘‘(i) determined to be necessary for 

16 safety, security, or mitigation of flight risk 

17 during the transportation of an inmate; 

18 ‘‘(ii) an individualized determination 

19 is made at the time that restraints are nec20 essary to prevent a specific, significant, 

21 and unreasonable risk of imminent serious 

22 physical injury to other inmates or staff 

23 based on concrete and reasonable evidence 

24 of such risk; and 


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1 ‘‘(iii) the least restrictive form of re2 straints shall be used for no longer than 

3 necessary to abate such imminent harm, 

4 provided that— 

5 ‘‘(I) restraints may not be used 

6 for more than 2 hours unless a deter7 mination is made that there is an on8 going significant and serious threat of 

9 imminent serious physical injury to 

10 other inmates or staff, at which time 

11 the regional director shall be notified 

12 about the continued use of restraints; 

13 ‘‘(II) any continued use of re14 straints shall be meaningfully re15 viewed at least every 12 hours and 

16 discontinued once restraints are no 

17 longer necessary to prevent an ongo18 ing significant and serious threat of 

19 imminent serious physical injury to 

20 other inmates or staff and at each 12- 

21 hour interval, the regional director 

22 shall be notified about the continued 

23 use of restraints; and 

24 ‘‘(III) restraints shall not be used 

25 for more than 3 days, unless the DiVerDate Sep 11 2014 19:58 Apr 24, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4121.IS S4121

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1 rector of the Bureau of Prisons or the 

2 Director of the United States Mar3 shals Service, as applicable, or a des4 ignee— 

5 ‘‘(aa) provides prior ap6 proval for the use of restraints 

7 for more than 3 days; 

8 ‘‘(bb) makes a written find9 ing that the continued use of re10 straints is necessary to prevent 

11 an ongoing significant and seri12 ous risk of imminent serious 

13 physical injury to other inmates 

14 or staff; and 

15 ‘‘(cc) if restraints continue 

16 to be used for more than 5 days, 

17 at least every 3 days, reviews and 

18 approves the continued use of re19 straints; and 

20 ‘‘(B) no limitation on access to services, 

21 treatment, visiting, or basic needs, such as pro22 vision of clothing, food, and bedding, shall be 

23 imposed as a form of punishment or for any 

24 other reason except where there is an ongoing 


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1 significant and serious threat to the physical 

2 safety of the inmate, other inmates, or staff; 

3 ‘‘(C) no restricted diet or any other change 

4 in diet shall be imposed as a form of punish5 ment; and 

6 ‘‘(D) an inmate shall— 

7 ‘‘(i) always have access to any author8 ized personal property belonging to the in9 mate; and 

10 ‘‘(ii) regardless of the unit the inmate 

11 is housed in or the status the inmate has 

12 been assigned, always have access to the 

13 commissary and to contact visitation with 

14 visitors, except where there is a specific 

15 significant risk to the physical safety of the 

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

17 ‘‘(6) SPECIAL HOUSING UNITS.—The Director 

18 of the Bureau of Prisons, the Director of the United 

19 States Marshals Service, and any facility that con20 tracts with the Bureau of Prisons or the United 

21 States Marshals Service shall— 

22 ‘‘(A) limit administrative segregation— 

23 ‘‘(i) to situations in which such seg24 regation is necessary to— 


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1 ‘‘(I) control a substantial and im2 mediate threat that cannot be ad3 dressed through alternative housing; 

4 or 

5 ‘‘(II) temporarily house an in6 mate pending transfer, pending classi7 fication, or pending resolution of an8 other temporary administrative mat9 ter; and 

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

11 15 consecutive days, and not more than 20 

12 days in a 60-day period, unless— 

13 ‘‘(I) the inmate requests to re14 main in administrative segregation 

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

16 ‘‘(II) in order to address the con17 tinued existence of a substantial and 

18 immediate threat, a multidisciplinary 

19 staff committee approves a temporary 

20 extension, which— 

21 ‘‘(aa) may not be longer 

22 than 15 days; and 

23 ‘‘(bb) shall be reviewed by 

24 the multidisciplinary staff com25 mittee every 3 days during the 


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1 period of the extension, in order 

2 to confirm the continued exist3 ence of the substantial and im4 mediate threat; 

5 ‘‘(B) limit disciplinary segregation— 

6 ‘‘(i) to situations in which such seg7 regation is necessary to address an inmate 

8 who has been found to have committed a 

9 significant and serious disciplinary infrac10 tion by a disciplinary hearing officer and 

11 poses an ongoing significant and serious 

12 threat, and alternative sanctions would not 

13 adequately regulate the behavior of the in14 mate; 

15 ‘‘(ii) in the case of a prohibited act 

16 categorized as a 400-level prohibited act 

17 under section 541.3 of title 28, Code of 

18 Federal Regulations, or any successor 

19 thereto, by prohibiting the use of discipli20 nary segregation; 

21 ‘‘(iii) in the case of a prohibited act 

22 categorized as a 300-level prohibited act 

23 under section 541.3 of title 28, Code of 

24 Federal Regulations, or any successor 

25 thereto, by— 


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1 ‘‘(I) prohibiting the use of dis2 ciplinary segregation for the first such 

3 prohibited act; and 

4 ‘‘(II) limiting disciplinary seg5 regation to a duration of not more 

6 than 15 days, for a second or subse7 quent such prohibited act; 

8 ‘‘(iv) in the case of a prohibited act 

9 categorized as a 200-level prohibited act 

10 under section 541.3 of title 28, Code of 

11 Federal Regulations, or any successor 

12 thereto, by— 

13 ‘‘(I) limiting disciplinary segrega14 tion to a duration of not more than 

15 30 days, for the first such prohibited 

16 act; and 

17 ‘‘(II) limiting disciplinary seg18 regation to a duration of not more 

19 than 60 days, for a second or subse20 quent such prohibited act; 

21 ‘‘(v) in the case of a prohibited act 

22 categorized as a 100-level prohibited act 

23 under section 541.3 of title 28, Code of 

24 Federal Regulations, or any successor 

25 thereto, by— 


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1 ‘‘(I) limiting disciplinary segrega2 tion to a duration of not more than 

3 60 days, for the first such prohibited 

4 act; and 

5 ‘‘(II) limiting disciplinary seg6 regation to a duration of not more 

7 than 90 days, for a second or subse8 quent such prohibited act; and 

9 ‘‘(vi) in addition to any other limita10 tion under this subparagraph, limiting dis11 ciplinary segregation to a duration of not 

12 more than 30 consecutive days, and not 

13 more than 40 days in any 60-day period, 

14 unless a multidisciplinary staff committee, 

15 in consultation with the disciplinary hear16 ing officer who presided over the discipli17 nary hearing for the inmate, determines 

18 that the significant and serious disciplinary 

19 infraction which the inmate was found to 

20 have committed is of such an egregious 

21 and violent nature that a longer sanction is 

22 appropriate and approves a longer sanc23 tion; 

24 ‘‘(C) ensure that any time spent in admin25 istrative segregation during an investigation 


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1 into an alleged offense is for as short a dura2 tion as possible, is not longer than 15 consecu3 tive days, and is credited as time served for a 

4 disciplinary segregation sentence; 

5 ‘‘(D) ensure that concurrent sentences are 

6 imposed for disciplinary violations arising from 

7 the same episode; and 

8 ‘‘(E) ensure that an inmate may be re9 leased from disciplinary segregation for good 

10 behavior before completing the term of the in11 mate, unless the inmate poses a substantial and 

12 immediate threat to the safety of other inmates, 

13 staff, or the public. 

14 ‘‘(7) SPECIAL MANAGEMENT UNITS.—The Di15 rector of the Bureau of Prisons shall eliminate the 

16 use of special management units. 

17 ‘‘(8) ADMINISTRATIVE MAXIMUM FACILITIES.— 

18 The Director of the Bureau of Prisons shall— 

19 ‘‘(A) limit segregation in an administrative 

20 maximum facility to situations in which such 

21 segregation is necessary to— 

22 ‘‘(i) implement special administrative 

23 measures, as directed by the Attorney Gen24 eral; or 


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1 ‘‘(ii) house an inmate who has been 

2 found to have committed a significant and 

3 serious disciplinary infraction by a discipli4 nary hearing officer and who poses an on5 going significant and serious threat to the 

6 safety of other inmates, staff, or the public 

7 that cannot be addressed through alter8 native housing; and 

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

10 inmate who poses an ongoing significant and 

11 serious threat for placement in an administra12 tive maximum facility. 

13 ‘‘(9) RIGHT TO REVIEW PLACEMENT IN SOLI14 TARY CONFINEMENT.—The Director of the Bureau 

15 of Prisons, the Director of the United States Mar16 shals Service, or any facility that contracts with the 

17 Bureau of Prisons or the United States Marshals 

18 Service, shall ensure that no inmate shall be placed 

19 in solitary confinement without— 

20 ‘‘(A) written notice provided to the inmate 

21 thoroughly detailing the basis for placement or 

22 continued placement in solitary confinement not 

23 later than 6 hours after the beginning of such 

24 placement, including— 


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1 ‘‘(i) thorough documentation explain2 ing why such confinement is permissible 

3 and necessary; 

4 ‘‘(ii) thorough documentation explain5 ing the reason an exception applied if— 

6 ‘‘(I) an exception under para7 graph (2)(A), (3)(D), (4)(A), (6)(A), 

8 or (6)(B) is used to justify placement 

9 or continued placement in solitary 

10 confinement; or 

11 ‘‘(II) an exception under para12 graph (1) is used to justify increased 

13 restrictive conditions in solitary con14 finement; and 

15 ‘‘(iii) thorough documentation explain16 ing a clear plan for returning the indi17 vidual to less restrictive conditions as 

18 promptly as possible; 

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

20 review process that— 

21 ‘‘(i) occurs not less than 7 days after 

22 placement in solitary confinement, and 

23 thereafter at least— 

24 ‘‘(I) on a weekly basis for an in25 mate in a special housing unit; and 


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1 ‘‘(II) on a monthly basis for an 

2 inmate at an administrative maximum 

3 facility; 

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

5 interviews with a multidisciplinary staff 

6 committee; 

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), (6)(A), or (6)(B) used to jus15 tify placement or continued placement 

16 in solitary confinement or any excep17 tion under paragraph (1) used to jus18 tify increased restrictive conditions in 

19 solitary confinement was and remains 

20 warranted; and 

21 ‘‘(iv) includes written findings on the 

22 decision for placement in solitary confine23 ment or continued placement in solitary 

24 confinement, consistent with paragraph 

25 (9)(A), that are electronically retained in 


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1 the personnel file of the inmate for not less 

2 than 3 years from the date of placement; 

3 ‘‘(C) a process to appeal the initial place4 ment or continued placement of the inmate in 

5 solitary confinement; 

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

7 the appeal procedures; and 

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

9 records relating to the placement of the inmate 

10 in solitary confinement, unless such documents 

11 contain contraband, classified information, or 

12 sensitive security-related information, main13 tained in a central electronic database for not 

14 less than 3 years. 

15 ‘‘(c) MENTAL HEALTH CARE FOR INMATES IN SOLI16 TARY CONFINEMENT.— 

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

18 than 6 hours after an inmate in the custody of a 

19 covered facility is placed in solitary confinement, the 

20 inmate shall receive a comprehensive, face-to-face 

21 mental health evaluation by a licensed mental health 

22 professional in a confidential setting. 

23 ‘‘(2) MENTAL HEALTH TREATMENT PRO24 GRAM.—An inmate diagnosed with a serious mental 


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1 illness after an evaluation required under paragraph 

2 (1)— 

3 ‘‘(A) shall not be placed in solitary confine4 ment except as provided in subsection (b)(4); 

5 and 

6 ‘‘(B) shall be diverted to a mental health 

7 treatment program within the covered facility 

8 that provides an appropriate level of care to ad9 dress the mental health needs of the inmate. 

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

11 10-calendar-day period an inmate is held in contin12 uous placement in solitary confinement— 

13 ‘‘(A) a licensed mental health professional 

14 shall conduct a comprehensive, face-to-face, out15 of-cell mental health evaluation of the inmate in 

16 a confidential setting; and 

17 ‘‘(B) the Director of the Bureau of Pris18 ons, the Director of the United States Marshals 

19 Service, or any facility that contracts with the 

20 Bureau of Prisons or the United States Mar21 shals Service, as applicable, shall adjust the 

22 placement of the inmate in accordance with this 

23 subsection. 

24 ‘‘(4) REQUIREMENT.—The Director of the Bu25 reau of Prisons, the Director of the United States 


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1 Marshals Service, and any facility that contracts 

2 with the Bureau of Prisons or the United States 

3 Marshals Service shall operate mental health treat4 ment programs in order to ensure that inmates of all 

5 security levels with serious mental illness have access 

6 to an appropriate level of care. 

7 ‘‘(d) TRAINING FOR COVERED FACILITY STAFF.— 

8 ‘‘(1) TRAINING.—All employees of a covered fa9 cility who interact with inmates on a regular basis 

10 shall be required to complete training in— 

11 ‘‘(A) the recognition of symptoms of men12 tal illness; 

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

14 psychiatric medications; 

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

16 managing individuals with mental illness; 

17 ‘‘(D) consequences of untreated mental ill18 ness; 

19 ‘‘(E) the long- and short-term psycho20 logical effects of solitary confinement; and 

21 ‘‘(F) de-escalation and communication 

22 techniques to divert inmates from situations 

23 that may lead to the inmate being placed in sol24 itary confinement. 


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

2 employee of a covered facility shall immediately no3 tify a member of the medical or mental health staff 

4 if the employee— 

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

6 mental illness, unless such employee has knowl7 edge that the inmate’s signs of mental illness 

8 have previously been reported; or 

9 ‘‘(B) observes an inmate with signs of a 

10 mental health crisis. 

11 ‘‘(e) OMBUDSMAN FOR THE CIVIL RIGHTS OF INCAR12 CERATED PEOPLE.— 

13 ‘‘(1) IN GENERAL.—Within the Department of 

14 Justice, there shall be a position of the Ombudsman 

15 for the Civil Rights of Incarcerated People and an 

16 Office of the Ombudsman for the Civil Rights of In17 carcerated People. 

18 ‘‘(2) APPOINTMENT.— 

19 ‘‘(A) IN GENERAL.—The Ombudsman shall 

20 be appointed by the Attorney General and shall 

21 report directly to the Director of the Bureau of 

22 Prisons and the Director of the United States 

23 Marshals Service. 

24 ‘‘(B) QUALIFICATIONS.—The Ombudsman 

25 shall have a background in corrections and civil 


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1 rights and shall have expertise on the effects of 

2 prolonged solitary confinement and restrictive 

3 housing. 

4 ‘‘(3) REPORTING.—The Director of the Bureau 

5 of Prisons and the Director of the United States 

6 Marshals Service shall ensure that each covered fa7 cility provides multiple internal ways for inmates 

8 and others to promptly report civil rights violations 

9 and violations of this section to the Ombudsman, in10 cluding— 

11 ‘‘(A) not less than 4 procedures, including 

12 written mail correspondence, email correspond13 ence, telephone calls, and in-person interviews, 

14 for inmates and others to report civil rights vio15 lations and violations of this section to an enti16 ty or office that is not part of the facility, and 

17 that is able to receive and immediately forward 

18 inmate reports to the Ombudsman, allowing the 

19 inmate to communicate confidentially and to re20 main anonymous upon request; and 

21 ‘‘(B) not less than 4 procedures, including 

22 written mail correspondence, email correspond23 ence, telephone calls, and in-person interviews, 

24 for inmates and others to report civil rights 

25 abuses and violations of this section to the OmVerDate Sep 11 2014 19:58 Apr 24, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4121.IS S4121

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1 budsman in a confidential manner, allowing the 

2 inmate to remain anonymous upon request. 

3 ‘‘(4) NOTICE.— 

4 ‘‘(A) BUREAU OF PRISONS.—The Director 

5 of the Bureau of Prisons shall ensure that each 

6 Bureau of Prisons facility and any facility that 

7 contracts with the Bureau of Prisons provides 

8 inmates with the notice described in subpara9 graph (C). 

10 ‘‘(B) MARSHALS SERVICE.—The Director 

11 of the United States Marshals Service shall en12 sure that each facility that contracts with the 

13 United States Marshals Service provides in14 mates with the notice described in subpara15 graph (C). 

16 ‘‘(C) CONTENTS.—A notice described in 

17 this subparagraph shall provide inmates with— 

18 ‘‘(i) notice of how to report civil rights 

19 violations and violations of this section in 

20 accordance with paragraph (3), includ21 ing— 

22 ‘‘(I) notice prominently posted in 

23 the living and common areas of each 

24 such facility; 


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1 ‘‘(II) individual notice to inmates 

2 at initial intake into the Bureau of 

3 Prisons or the United States Marshals 

4 Service, when transferred to a new fa5 cility, and when placed in solitary con6 finement; 

7 ‘‘(III) notice to inmates with dis8 abilities in accessible formats; and 

9 ‘‘(IV) written or verbal notice in 

10 a language the inmate understands; 

11 and 

12 ‘‘(ii) notice of permissible practices re13 lated to solitary confinement in the Bureau 

14 of Prisons or the United States Marshals 

15 Service, including the requirements of this 

16 section. 

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

18 ‘‘(A) review all complaints the Ombudsman 

19 receives; 

20 ‘‘(B) investigate all complaints that allege 

21 a civil rights violation or violation of this sec22 tion; 

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

24 the Criminal Division or the Inspector General 

25 of the Department of Justice; 


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1 ‘‘(D) refer to the Director of the Bureau 

2 of Prisons or the United States Marshals Serv3 ice allegations of misconduct involving staff of 

4 the Bureau of Prisons or the United States 

5 Marshals Service, respectively; 

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

7 Prisons or the United States Marshals Service 

8 can improve the policies and practices of the 

9 Bureau to ensure that the civil rights of in10 mates are protected; 

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

12 Prisons or the United States Marshals Service 

13 can improve solitary confinement policies and 

14 practices and reduce the use of solitary confine15 ment; and 

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

17 practices of the Bureau of Prisons and the 

18 United States Marshals Service to mitigate 

19 problems and address issues the Ombudsman 

20 identifies. 

21 ‘‘(6) ACCESS.—The Ombudsman— 

22 ‘‘(A) shall have unrestricted access to every 

23 area of any covered facility; 

24 ‘‘(B) shall be able to speak privately and 

25 confidentially with inmates and staff; and 


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1 ‘‘(C) may make unannounced visits to any 

2 covered facility. 

3 ‘‘(7) ANNUAL REPORTS.— 

4 ‘‘(A) IN GENERAL.—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 and 

11 make the report publicly available on a website. 

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

13 under subparagraph (A) shall— 

14 ‘‘(i) contain full and substantive anal15 ysis, in addition to statistical information; 

16 ‘‘(ii) identify the recommendations the 

17 Office of the Ombudsman has made on ad18 dressing reported civil rights violations and 

19 violations of this section and reducing the 

20 use and improving the practices of solitary 

21 confinement in covered facilities; 

22 ‘‘(iii) contain a summary of problems 

23 relating to reported civil rights violations 

24 and violations of this section, including a 

25 detailed description of the nature of such 


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1 problems and a breakdown of where the 

2 problems occur among covered facilities; 

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

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

5 action has been taken and the result of 

6 such action; 

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

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

9 action remains to be completed and the pe10 riod during which each item has remained 

11 on such inventory; 

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

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

14 no action has been taken, the period dur15 ing which each item has remained on such 

16 inventory, the reasons for the inaction, and 

17 shall identify any official of the Bureau of 

18 Prisons or the United States Marshals 

19 Service 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 of 

8 the Bureau of Prisons, the Director of the 

9 United States Marshals Service, or any other 

10 officer or employee of the Department of Jus11 tice, the Bureau of Prisons, or the United 

12 States Marshals Service. 

13 ‘‘(8) REGULAR MEETINGS WITH THE DIREC14 TOR.—The Ombudsman shall meet regularly with 

15 the Director of the Bureau of Prisons and the Direc16 tor of the United States Marshals Service to identify 

17 problems with reported civil rights violations and the 

18 solitary confinement policies and practices of the 

19 Bureau of Prisons and the United States Marshals 

20 Service, including overuse of solitary confinement, 

21 and to present recommendations for such adminis22 trative action as may be appropriate to resolve prob23 lems relating to reported civil rights violations and 

24 the solitary confinement policies and practices of the 


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1 Bureau of Prisons and the United States Marshals 

2 Service. 

3 ‘‘(9) RESPONSIBILITIES OF THE BUREAU OF

4 PRISONS AND UNITED STATES MARSHALS SERV5 ICE.—The Director of the Bureau of Prisons and 

6 the Director of the United States Marshals Service 

7 shall establish procedures requiring that, not later 

8 than 90 days after the date on which a recommenda9 tion is submitted to the Director of the Bureau of 

10 Prisons or the Director of the United States Mar11 shals Service by the Ombudsman, the Director of 

12 the Bureau of Prisons or the Director of the United 

13 States Marshals Service, as applicable, or another 

14 appropriate employee of the agency, issue a formal 

15 response to the recommendation and take remedial 

16 action to comply with the recommendation. 

17 ‘‘(10) NON-APPLICATION OF THE PRISON LITI18 GATION REFORM ACT.—Inmate reports sent to the 

19 Ombudsman may not be considered an administra20 tive remedy under section 7(a) of the Civil Rights of 

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

22 1997e(a)).’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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


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1 States Code, is amended by inserting after the item relat2 ing to section 4051 the following: 

‘‘4052. Solitary confinement.’’. 

3 SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Director of the Bureau of Prisons and 

6 the Director of the United States Marshals Service shall— 

7 (1) assemble a team of licensed mental health 

8 professionals, which may include licensed mental 

9 health professionals who are not employed by the 

10 Bureau of Prisons or the United States Marshals 

11 Service, to conduct a comprehensive mental health 

12 reevaluation for each inmate held in solitary confine13 ment at a covered facility for more than 30 days as 

14 of the date of enactment of this Act, including a 

15 confidential, face-to-face, out-of-cell interview by a li16 censed mental health professional; and 

17 (2) adjust the placement of each inmate in ac18 cordance with section 4052(c) of title 18, United 

19 States Code, as added by section 2. 

20 SEC. 4. DIRECTOR OF THE BUREAU OF PRISONS. 

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

22 amended— 

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

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

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


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

2 Prisons shall— 

3 ‘‘(1) meet regularly with the Ombudsman for 

4 the Civil Rights of Incarcerated People appointed 

5 under section 4052(e) to identify how the Bureau of 

6 Prisons can address reported civil rights violations 

7 and reduce the use of solitary confinement and cor8 rect problems in the solitary confinement policies 

9 and practices of the Bureau; 

10 ‘‘(2) conduct a prompt and thorough investiga11 tion of each referral from the Ombudsman, through 

12 the designees of the Ombudsman, under section 

13 4052(e)(5)(D), and after each such investigation 

14 take appropriate disciplinary action against any Bu15 reau of Prisons employee who is found to have en16 gaged in misconduct or to have violated Bureau of 

17 Prisons policy, and notify the Ombudsman of the 

18 outcome of each such investigation; and 

19 ‘‘(3) establish procedures requiring a formal re20 sponse by the Bureau of Prisons to any rec21 ommendation of the Ombudsman in the annual re22 port submitted under section 4052(e)(7) not later 

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

24 submitted to Congress.’’. 


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1 SEC. 5. DIRECTOR OF THE UNITED STATES MARSHALS 

2 SERVICE. 

3 Section 561 of title 28, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(j) OMBUDSMAN.—The Director of the United 

6 States Marshals Service shall— 

7 ‘‘(1) meet regularly with the Ombudsman for 

8 the Civil Rights of Incarcerated People appointed 

9 under section 4052(e) to identify how the United 

10 States Marshals Service can address reported civil 

11 rights violations and reduce the use of solitary con12 finement and correct problems in the solitary con13 finement policies and practices of the United States 

14 Marshals Service; 

15 ‘‘(2) conduct a prompt and thorough investiga16 tion of each referral from the Ombudsman, through 

17 the designees of the Ombudsman, under section 

18 4052(e)(5)(D), and after each such investigation 

19 take appropriate disciplinary action against any 

20 United States Marshals Service employee who is 

21 found to have engaged in misconduct or to have vio22 lated United States Marshals Service policy, and no23 tify the Ombudsman of the outcome of each such in24 vestigation; and 

25 ‘‘(3) establish procedures requiring a formal re26 sponse by the United States Marshals Service to any 


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1 recommendation of the Ombudsman in the annual 

2 report submitted under section 4052(e)(7) not later 

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

4 submitted to Congress.’’. 

5 SEC. 6. DATA TRACKING OF USE OF SOLITARY CONFINE6 MENT. 

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

8 amended by adding at the end the following: 

9 ‘‘(d) PRISON SOLITARY CONFINEMENT ASSESS10 MENTS.— 

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

12 and September 30 of each year, the Director of the 

13 Bureau of Prisons and the Director of the United 

14 States Marshals Service shall each prepare and 

15 transmit to the Committee on the Judiciary of the 

16 Senate and the Committee on the Judiciary of the 

17 House of Representatives a semi-annual assessment 

18 of the use of solitary confinement (as defined in sec19 tion 4052(a)) in covered facilities and shall make the 

20 respective assessment publicly available on the 

21 website of the Bureau of Prisons or the United 

22 States Marshals Service, as applicable. 

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

24 under paragraph (1) shall include— 


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

2 Bureau of Prisons, including any changes in 

3 policies and regulations, and the United States 

4 Marshals Service for determining which inmates 

5 are placed in each form of solitary confinement, 

6 or housing in which an inmate is separated 

7 from the general population during the report8 ing period, and a detailed description of each 

9 form of solitary confinement in use, including 

10 all maximum and high security facilities, all 

11 special housing units, all special management 

12 units, all administrative maximum facilities (as 

13 defined in section 4052(a)), and all communica14 tion management units; 

15 ‘‘(B) the total number of inmates and per16 centage of individuals in the custody of the Bu17 reau of Prisons and the United States Marshals 

18 Service, listed separately, who are housed in 

19 each type of solitary confinement described in 

20 subparagraph (A) at the time of the report, and 

21 the total number and the percentage of all in22 mates who have spent at least some time in 

23 each form of solitary confinement during the re24 porting period; 


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1 ‘‘(C) the reason for placement, including 

2 disciplinary segregation, protective custody, ad3 ministrative segregation, or other segregation 

4 and the length of time in restrictive housing; 

5 ‘‘(D) the demographics of all inmates 

6 housed in each type of solitary confinement de7 scribed in subparagraph (A), including race, 

8 ethnicity, religion, age, gender identity, mental 

9 health care level, pregnancy or post-partum sta10 tus, or identification as lesbian, gay, bisexual, 

11 transgender, intersex, or gender non-con12 forming; 

13 ‘‘(E) the policies and regulations of the 

14 Bureau of Prisons and the United States Mar15 shals Service, including any updates in policies 

16 and regulations, for subsequent reviews or ap17 peals of the placement of an inmate into or out 

18 of solitary confinement; 

19 ‘‘(F) the number of reviews of and appeals 

20 for each type of solitary confinement placement 

21 described in subparagraph (A) that occurred 

22 during the reporting period and the number of 

23 reviews or appeals that directly resulted in a 

24 change of placement; 


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1 ‘‘(G) a description of the general condi2 tions and restrictions for each type of solitary 

3 confinement described in subparagraph (A), in4 cluding the number of hours spent in confine5 ment in a cell separated from the general popu6 lation or in restraints, and the percentage of 

7 time these conditions involve housing a single 

8 inmate in a cell; 

9 ‘‘(H) the mean and median length of stay 

10 in each form of solitary confinement described 

11 in subparagraph (A), based on all individuals 

12 released from solitary confinement during the 

13 reporting period, including maximum and high 

14 security facilities, special housing units, special 

15 management units, administrative maximum fa16 cilities, communication management units, and 

17 any maximum length of stay during the report18 ing period; 

19 ‘‘(I) the number of inmates who, after a 

20 stay of 5 or more days in solitary confinement, 

21 were released directly from solitary confinement 

22 to the public during the reporting period; 

23 ‘‘(J) the individual daily fixed cost for each 

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1 riod, including as compared with the average 

2 daily fixed cost of housing an inmate in the 

3 general population; 

4 ‘‘(K) statistics for inmate assaults on cor5 rectional officers and staff of the Bureau of 

6 Prisons or the United States Marshals Service, 

7 inmate-on-inmate assaults, and staff-on-inmate 

8 use of force incidents in the various forms of 

9 solitary confinement described in subparagraph 

10 (A) and statistics for such assaults in the gen11 eral population; 

12 ‘‘(L) the policies for mental health screen13 ing, mental health treatment, and subsequent 

14 mental health reviews for all inmates, including 

15 any update to the policies, and any additional 

16 screening, treatment, and monitoring for in17 mates in solitary confinement; 

18 ‘‘(M) a statement of the types of mental 

19 health staff that conducted mental health as20 sessments for the Bureau of Prisons and the 

21 United States Marshals Service during the re22 porting period, a description of the different po23 sitions in the mental health staff of the Bureau 

24 of Prisons and the United States Marshals 

25 Service, and the number of part- and full-time 


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1 psychologists and psychiatrists employed by the 

2 Bureau of Prisons and the United States Mar3 shals Service during the reporting period; 

4 ‘‘(N) data on mental health and medical 

5 indicators for all inmates in solitary confine6 ment, including— 

7 ‘‘(i) the number of inmates requiring 

8 medication for mental health conditions; 

9 ‘‘(ii) the number of inmates diagnosed 

10 with an intellectual disability; 

11 ‘‘(iii) the number of inmates diag12 nosed with a serious mental illness; 

13 ‘‘(iv) the number of suicides; 

14 ‘‘(v) the number of attempted suicides 

15 and number of inmates placed on suicide 

16 watch; 

17 ‘‘(vi) the number of instances of self18 harm committed by inmates; 

19 ‘‘(vii) the number of inmates with 

20 physical disabilities, including blind, deaf, 

21 and mobility-impaired inmates; and 

22 ‘‘(viii) the number of instances of 

23 force-feeding of inmates; 


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1 ‘‘(O) the type and number of hours of pro2 gramming received by inmates in restrictive 

3 housing; and 

4 ‘‘(P) any other relevant data.’’. 

5 SEC. 7. NATIONAL COORDINATING CENTER ON SOLITARY 

6 CONFINEMENT REDUCTION AND REFORM. 

7 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec8 tion, the term ‘‘eligible entity’’ means an entity, or a part9 nership of entities, that has demonstrated expertise in the 

10 fields of— 

11 (1) solitary confinement, including the reduc12 tion and reform of its use; and 

13 (2) providing technical assistance to corrections 

14 agencies on how to reduce and reform solitary con15 finement. 

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

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

18 Assistance shall enter into a cooperative agreement, on a 

19 competitive basis, with an eligible entity for the purpose 

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

21 Federal corrections systems, which shall conduct activities 

22 such as— 

23 (1) providing on-site technical assistance and 

24 consultation to Federal, State, and local corrections 


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1 agencies to safely reduce the use of solitary confine2 ment; 

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

4 and information on the safe reduction of solitary 

5 confinement in prisons and other custodial settings, 

6 including facilitating the exchange of information be7 tween Federal, State, and local practitioners, na8 tional experts, and researchers; 

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

10 Federal, State, and local jurisdictions that have al11 ready reduced their use of solitary confinement and 

12 that will coordinate with other Federal, State, and 

13 local agencies to participate in training, consultation, 

14 and other forms of assistance and partnership with 

15 these learning sites; 

16 (4) conducting evaluations of jurisdictions that 

17 have decreased their use of solitary confinement to 

18 determine best practices; 

19 (5) conducting research on the effectiveness of 

20 alternatives to solitary confinement, such as step21 down or transitional programs, strategies to re22 integrate inmates into the general population in a 

23 facility, the role of officers and staff culture in re24 form efforts, and other research relevant to the safe 

25 reduction of solitary confinement; 


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1 (6) developing and disseminating a toolkit for 

2 systems to reduce the excessive use of solitary con3 finement; 

4 (7) developing and disseminating an online self5 assessment tool for State and local jurisdictions to 

6 assess their own use of solitary confinement and 

7 identify strategies to reduce the use of solitary con8 finement; and 

9 (8) conducting public webinars to highlight new 

10 and promising practices. 

11 (c) ADMINISTRATION.—The program under this sec12 tion shall be administered by the Bureau of Justice Assist13 ance. 

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

15 center shall report to the Committee on the Judiciary of 

16 the Senate and the Committee on the Judiciary of the 

17 House of Representatives on its activities and any changes 

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

19 local level that have resulted from the activities of the co20 ordinating center. 

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

22 shall enter into a cooperative agreement under this section 

23 for 5 years. 

24 SEC. 8. 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 6, and the amendments made by such 

4 sections; 

5 (2) to the Director of the United States Mar6 shals Service such sums as may be necessary to 

7 carry out sections 2, 3, 5, and 6, and the amend8 ments made by such sections; and 

9 (3) to the Bureau of Justice Assistance such 

10 sums as may be necessary to carry out section 7. 

11 SEC. 9. REGULATIONS. 

12 The Director of the Bureau of Prisons and the Direc13 tor of the United States Marshals Service shall prescribe 

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

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

16 made by this Act. 

17 SEC. 10. EFFECTIVE DATE. 

18 (a) IN GENERAL.—Except as otherwise provided, this 

19 Act and the amendments made by this Act shall take ef20 fect 18 months after the date of enactment of this Act. 

21 (b) CONTRACTORS.—For facilities that contract with 

22 the Bureau of Prisons or the United States Marshals 

23 Services, this Act and the amendments made by this Act 


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1 shall apply to contracts finalized and entered into after 

2 the effective date of this Act. 

Æ 


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