II 

115TH CONGRESS 

2D SESSION S. 2724 

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 

APRIL 19, 2018 

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


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2724 IS

1 ‘‘§ 4050. 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 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2724 IS

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— 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2724 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 2724 IS

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; or 

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. 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 2724 IS

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 specified or des16 ignated under section 3(4) of the National Se17 curity Act of 1947 (50 U.S.C. 3003(4))) that 

18 the unauthorized disclosure of such information 

19 would pose a threat to the national security and 

20 that there is a danger that the inmate will dis21 close such information, as described by section 

22 501.2 of title 28, Code of Federal Regulations, 

23 or any successor thereto; or 

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

25 death or serious bodily injury, upon written noVerDate Sep 11 2014 03:42 Apr 26, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2724.IS S2724

lotter on DSKBCFDHB2PROD with BILLS
7 

•S 2724 IS

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 specified or designated under 

6 section 3(4) of the National Security Act of 

7 1947 (50 U.S.C. 3003(4))), that there is a sub8 stantial risk that the communications of an in9 mate or contacts by the inmate with other per10 sons could result in death or serious bodily in11 jury to persons, or substantial damage to prop12 erty that would entail the risk of death or seri13 ous bodily injury to persons, as described by 

14 section 501.3 of title 28, Code of Federal Regu15 lations, or any successor thereto. 

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 


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 2724 IS

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; 


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 2724 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
10 

•S 2724 IS

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— 


lotter on DSKBCFDHB2PROD with BILLS
11 

•S 2724 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
12 

•S 2724 IS

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 is younger than 18 years 

18 of age, unless— 

19 ‘‘(i) such confinement is a temporary 

20 response to the behavior of the inmate, 

21 which poses a substantial and immediate 

22 threat; 

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

24 the situation have been exhausted, includ25 ing less restrictive techniques such as— 


lotter on DSKBCFDHB2PROD with BILLS
13 

•S 2724 IS

1 ‘‘(I) penalizing the inmate 

2 through loss of privileges; 

3 ‘‘(II) speaking with the inmate in 

4 an attempt to de-escalate the situa5 tion; and 

6 ‘‘(III) a licensed mental health 

7 professional providing an appropriate 

8 level of care; 

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

10 ‘‘(I) 3 hours after the inmate is 

11 placed in solitary confinement, if the 

12 inmate poses a substantial and imme13 diate threat to others; or 

14 ‘‘(II) 30 minutes after the inmate 

15 is placed in solitary confinement, if 

16 the inmate poses a substantial and 

17 immediate threat only to himself or 

18 herself; and 

19 ‘‘(iv) if, after the applicable maximum 

20 period of confinement under subclause (I) 

21 or (II) of clause (iii) has expired, the in22 mate continues to pose a substantial and 

23 immediate threat described in that sub24 clause— 


lotter on DSKBCFDHB2PROD with BILLS
14 

•S 2724 IS

1 ‘‘(I) the inmate shall be trans2 ferred to another facility or internal 

3 location where services can be pro4 vided to the inmate without relying on 

5 solitary confinement; or 

6 ‘‘(II) if a qualified mental health 

7 professional believes the level of crisis 

8 service needed is not currently avail9 able, a staff member of the facility 

10 shall initiate a referral to a location 

11 that can meet the needs of the in12 mate; 

13 ‘‘(B) the inmate has a serious mental ill14 ness, has an intellectual disability, has a phys15 ical disability that a licensed medical profes16 sional finds is likely to be exacerbated by place17 ment in solitary confinement, is pregnant or in 

18 the first 8 weeks of the postpartum recovery pe19 riod after giving birth, or has been determined 

20 by a licensed mental health professional to like21 ly be significantly adversely affected by place22 ment in solitary confinement, unless— 

23 ‘‘(i) the inmate poses a substantial 

24 and immediate threat; 


lotter on DSKBCFDHB2PROD with BILLS
15 

•S 2724 IS

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

2 the situation have been exhausted, includ3 ing less restrictive techniques such as— 

4 ‘‘(I) penalizing the inmate 

5 through loss of privileges; 

6 ‘‘(II) speaking with the inmate in 

7 an attempt to de-escalate the situa8 tion; and 

9 ‘‘(III) a licensed mental health 

10 professional providing an appropriate 

11 level of care; 

12 ‘‘(iii) such confinement is limited to 

13 the briefest term and the least restrictive 

14 conditions practicable, including access to 

15 medical and mental health treatment; 

16 ‘‘(iv) such confinement is reviewed by 

17 a multidisciplinary staff committee for ap18 propriateness every 24 hours; and 

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

20 later than 5 days after such confinement 

21 begins, the inmate is diverted, upon release 

22 from solitary confinement, to— 

23 ‘‘(I) a general population unit; 

24 ‘‘(II) a protective custody unit 

25 described in paragraph (3); or 


lotter on DSKBCFDHB2PROD with BILLS
16 

•S 2724 IS

1 ‘‘(III) a mental health treatment 

2 program as described in subsection 

3 (c)(2); 

4 ‘‘(C) the inmate is lesbian, gay, bisexual, 

5 transgender (as defined in section 115.5 of title 

6 28, Code of Federal Regulations, or any suc7 cessor thereto), intersex (as defined in section 

8 115.5 of title 28, Code of Federal Regulations, 

9 or any successor thereto), or gender noncon10 forming (as defined in section 115.5 of title 28, 

11 Code of Federal Regulations, or any successor 

12 thereto), when such placement is solely on the 

13 basis of such identification or status; or 

14 ‘‘(D) the inmate is HIV positive, if the 

15 placement is solely on the basis of the HIV 

16 positive status of the inmate. 

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

18 shall— 

19 ‘‘(A) limit administrative segregation— 

20 ‘‘(i) to situations in which such seg21 regation is necessary to— 

22 ‘‘(I) control a substantial and im23 mediate threat that cannot be ad24 dressed through alternative housing; 

25 or 


lotter on DSKBCFDHB2PROD with BILLS
17 

•S 2724 IS

1 ‘‘(II) temporarily house an in2 mate pending transfer, pending classi3 fication, or pending resolution of an4 other temporary administrative mat5 ter; and 

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

7 15 consecutive days, and not more than 20 

8 days in a 60-day period, unless— 

9 ‘‘(I) the inmate requests to re10 main in administrative segregation 

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

12 ‘‘(II) in order to address the con13 tinued existence of a substantial and 

14 immediate threat, a multidisciplinary 

15 staff committee approves a temporary 

16 extension, which— 

17 ‘‘(aa) may not be longer 

18 than 15 days; and 

19 ‘‘(bb) shall be reviewed by 

20 the multidisciplinary staff com21 mittee every 3 days during the 

22 period of the extension, in order 

23 to confirm the continued exist24 ence of the substantial and im25 mediate threat; 


lotter on DSKBCFDHB2PROD with BILLS
18 

•S 2724 IS

1 ‘‘(B) limit disciplinary segregation— 

2 ‘‘(i) to situations in which such seg3 regation is necessary to punish an inmate 

4 who has been found to have committed a 

5 significant and serious disciplinary infrac6 tion by a Disciplinary Hearing Officer and 

7 alternative sanctions would not adequately 

8 regulate the behavior of the inmate; and 

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

10 30 consecutive days, and not more than 40 

11 days in a 60-day period, unless a multi12 disciplinary staff committee, in consulta13 tion with the Disciplinary Hearing Officer 

14 who presided over the inmate’s disciplinary 

15 hearing, determines that the significant 

16 and serious disciplinary infraction of which 

17 the inmate was found guilty is of such an 

18 egregious and violent nature that a longer 

19 sanction is appropriate and approves a 

20 longer sanction, which— 

21 ‘‘(I) may be not more than 60 

22 days in a special housing unit if the 

23 inmate has never before been found 

24 guilty of a similar significant and seri25 ous disciplinary infraction; or 


lotter on DSKBCFDHB2PROD with BILLS
19 

•S 2724 IS

1 ‘‘(II) may be not more than 90 

2 days in a special housing unit if the 

3 inmate has previously been found 

4 guilty of a similar significant and seri5 ous disciplinary infraction; 

6 ‘‘(C) ensure that any time spent in admin7 istrative segregation during an investigation 

8 into an alleged offense is credited as time 

9 served for a disciplinary segregation sentence; 

10 ‘‘(D) ensure that concurrent sentences are 

11 imposed for disciplinary violations arising from 

12 the same episode; and 

13 ‘‘(E) ensure that an inmate may be re14 leased from disciplinary segregation for good 

15 behavior before completing the term of the in16 mate, unless the inmate poses a substantial and 

17 immediate threat to the safety of other inmates, 

18 staff, or the public. 

19 ‘‘(6) SPECIAL MANAGEMENT UNITS.—The Di20 rector shall— 

21 ‘‘(A) limit segregation in a special manage22 ment unit to situations in which such segrega23 tion is necessary to temporarily house an in24 mate whose history, behavior, or circumstances 

25 require enhanced management approaches that 


lotter on DSKBCFDHB2PROD with BILLS
20 

•S 2724 IS

1 cannot be addressed through alternative hous2 ing; 

3 ‘‘(B) evaluate whether further reductions 

4 to the minimum and maximum number of 

5 months an inmate may spend in a special man6 agement unit are appropriate on an annual 

7 basis; 

8 ‘‘(C) ensure that each inmate understands 

9 the status of the inmate in the special manage10 ment unit program and how the inmate may 

11 progress through the program; and 

12 ‘‘(D) further reduce the minimum and 

13 maximum number of months an inmate may 

14 spend in a special management unit if the Di15 rector determines such reductions are appro16 priate after evaluations are performed under 

17 subparagraph (B). 

18 ‘‘(7) ADMINISTRATIVE MAXIMUM FACILITIES.— 

19 The Director shall— 

20 ‘‘(A) limit segregation in an administrative 

21 maximum facility to situations in which such 

22 segregation is necessary to— 

23 ‘‘(i) implement special administrative 

24 measures, as directed by the Attorney Gen25 eral; or 


lotter on DSKBCFDHB2PROD with BILLS
21 

•S 2724 IS

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

2 ongoing significant and serious threat to 

3 the safety of other inmates, staff, or the 

4 public that cannot be addressed through 

5 alternative housing; and 

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

7 inmate who poses an ongoing significant and 

8 serious threat for placement in an Administra9 tive Maximum facility, including the United 

10 States Penitentiary Administrative Maximum in 

11 Florence, Colorado. 

12 ‘‘(8) RIGHT TO REVIEW PLACEMENT IN SOLI13 TARY CONFINEMENT.—The Director shall ensure 

14 that each inmate placed in solitary confinement has 

15 access to— 

16 ‘‘(A) written notice thoroughly detailing 

17 the basis for placement or continued placement 

18 in solitary confinement not later than 6 hours 

19 after the beginning of such placement, includ20 ing— 

21 ‘‘(i) thorough documentation explain22 ing why such confinement is permissible 

23 and necessary under paragraph (1); and 

24 ‘‘(ii) if an exception under paragraph 

25 (2)(A), (3)(D), (4)(A), (4)(B), (4)(C), 


lotter on DSKBCFDHB2PROD with BILLS
22 

•S 2724 IS

1 (5)(A), or (5)(B) is used to justify place2 ment in solitary confinement or under 

3 paragraph (1) to justify increased restric4 tive conditions in solitary confinement, 

5 thorough documentation explaining why 

6 such an exception applied; 

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

8 review process that— 

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

10 of placement in solitary confinement, and 

11 thereafter at least— 

12 ‘‘(I) on a weekly basis for in13 mates in special housing units; 

14 ‘‘(II) on a monthly basis for in15 mates in special management units; 

16 and 

17 ‘‘(III) on a monthly basis for in18 mates at an administrative maximum 

19 facility; 

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

21 interviews with a multidisciplinary staff 

22 committee; and 

23 ‘‘(iii) examines whether— 

24 ‘‘(I) placement in solitary con25 finement was and remains necessary; 


lotter on DSKBCFDHB2PROD with BILLS
23 

•S 2724 IS

1 ‘‘(II) the conditions of confine2 ment comply with this section; and 

3 ‘‘(III) whether any exception 

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

5 (4)(A), (4)(B), (4)(C), (5)(A), or 

6 (5)(B) used to justify placement in 

7 solitary confinement or under para8 graph (1) used to justify increased re9 strictive conditions in solitary confine10 ment was and remains warranted; 

11 ‘‘(C) a process to appeal the initial place12 ment or continued placement of the inmate in 

13 solitary confinement; 

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

15 the appeal procedures; and 

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

17 records relating to the inmate’s placement in 

18 solitary confinement, unless such documents 

19 contain contraband, classified information, or 

20 sensitive security-related information. 

21 ‘‘(c) MENTAL HEALTH CARE FOR INMATES IN SOLI22 TARY CONFINEMENT.— 

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

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

25 Bureau of Prisons or any facility that contracts with 


lotter on DSKBCFDHB2PROD with BILLS
24 

•S 2724 IS

1 the Bureau of Prisons to provide housing for in2 mates in Federal custody is placed in solitary con3 finement, the inmate shall receive a comprehensive, 

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

5 mental health professional in a confidential setting. 

6 ‘‘(2) MENTAL HEALTH TREATMENT PRO7 GRAM.—An inmate diagnosed with a serious mental 

8 illness after an evaluation required under paragraph 

9 (1)— 

10 ‘‘(A) shall not be placed in solitary confine11 ment in accordance with subsection (b)(4); and 

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

13 treatment program within the Bureau of Pris14 ons that provides an appropriate level of care to 

15 address the inmate’s mental health needs. 

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

17 14-calendar-day period an inmate is held in contin18 uous placement in solitary confinement— 

19 ‘‘(A) a licensed mental health professional 

20 shall conduct a comprehensive, face-to-face, out21 of-cell mental health evaluation of the inmate in 

22 a confidential setting; and 

23 ‘‘(B) the Director shall adjust the place24 ment of the inmate in accordance with this sub25 section. 


lotter on DSKBCFDHB2PROD with BILLS
25 

•S 2724 IS

1 ‘‘(4) REQUIREMENT.—The Director shall oper2 ate mental health treatment programs in order to 

3 ensure that inmates of all security levels with serious 

4 mental illness have access to an appropriate level of 

5 care. 

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

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

8 of Prisons or any facility that contracts with the Bu9 reau of Prisons to provide housing for inmates in 

10 Federal custody who interact with inmates on a reg11 ular basis shall be required to complete training in— 

12 ‘‘(A) the recognition of symptoms of men13 tal illness; 

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

15 psychiatric medications; 

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

17 managing individuals with mental illness; 

18 ‘‘(D) consequences of untreated mental ill19 ness; 

20 ‘‘(E) the long- and short-term psycho21 logical effects of solitary confinement; and 

22 ‘‘(F) de-escalation and communication 

23 techniques to divert inmates from situations 

24 that may lead to the inmate being placed in sol25 itary confinement. 


lotter on DSKBCFDHB2PROD with BILLS
26 

•S 2724 IS

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

2 employee of the Bureau of Prisons shall immediately 

3 notify a member of the medical or mental health 

4 staff 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 

10 mental health crisis. 

11 ‘‘(e) CIVIL RIGHTS OMBUDSMAN.— 

12 ‘‘(1) IN GENERAL.—Within the Bureau of Pris13 ons, there shall be a position of the Civil Rights Om14 budsman (referred to in this subsection as the ‘Om15 budsman’) and an Office of the Civil Rights Om16 budsman. 

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

18 appointed by the Attorney General and shall report 

19 directly to the Director. The Ombudsman shall have 

20 a background in corrections and civil rights and 

21 shall have expertise on the effects of prolonged soli22 tary confinement. 

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

24 that each Bureau of Prisons facility or any facility 

25 that contracts with the Bureau of Prisons provides 


lotter on DSKBCFDHB2PROD with BILLS
27 

•S 2724 IS

1 multiple internal ways for inmates and others to 

2 promptly report civil rights violations and violations 

3 of this section to the Ombudsman, including— 

4 ‘‘(A) not less than 2 procedures for in5 mates and others to report civil rights violations 

6 and violations of this section to an entity or of7 fice that is not part of the facility, and that is 

8 able to receive and immediately forward inmate 

9 reports to the Ombudsman, allowing the inmate 

10 to remain anonymous upon request; and 

11 ‘‘(B) not less than 2 procedures for in12 mates and others to report civil rights abuses 

13 and violations of this section to the Ombuds14 man in a confidential manner, allowing the in15 mate to remain anonymous upon request. 

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

17 each Bureau of Prisons facility or any facility that 

18 contracts with the Bureau of Prisons provides in19 mates with— 

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

21 violations and violations of this section in ac22 cordance with paragraph (3), including— 

23 ‘‘(i) notice prominently posted in the 

24 living and common areas of each such fa25 cility; 


lotter on DSKBCFDHB2PROD with BILLS
28 

•S 2724 IS

1 ‘‘(ii) individual notice to inmates at 

2 initial intake into the Bureau of Prisons, 

3 when transferred to a new facility, and 

4 when placed in solitary confinement; 

5 ‘‘(iii) notice to inmates with disabil6 ities in accessible formats; and 

7 ‘‘(iv) written or verbal notice in a lan8 guage the inmate understands; and 

9 ‘‘(B) notice of permissible practices related 

10 to solitary confinement in the Bureau of Pris11 ons, including the requirements of this section. 

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

13 ‘‘(A) review all complaints the Ombudsman 

14 receives; 

15 ‘‘(B) investigate all complaints that allege 

16 a civil rights violation or violation of this sec17 tion; 

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

19 the Department of Justice; 

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

21 misconduct involving Bureau of Prisons staff; 

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

23 Prisons can improve the Bureau’s policies and 

24 practices to ensure that the civil rights of in25 mates are protected; 


lotter on DSKBCFDHB2PROD with BILLS
29 

•S 2724 IS

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

2 Prisons can improve the solitary confinement 

3 policies and practices of the Bureau and reduce 

4 the use of solitary confinement; and 

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

6 practices of the Bureau of Prisons to mitigate 

7 problems and address issues the Ombudsman 

8 identifies. 

9 ‘‘(6) ACCESS.—The Ombudsman shall have un10 restricted access to Bureau of Prisons facilities and 

11 any facility that contracts with the Bureau of Pris12 ons and shall be able to speak privately with inmates 

13 and staff. 

14 ‘‘(7) ANNUAL REPORTS.— 

15 ‘‘(A) OBJECTIVES.—Not later than De16 cember 31 of each year, the Ombudsman shall 

17 submit to the Committee on the Judiciary of 

18 the Senate and the Committee on the Judiciary 

19 of the House of Representatives a report on the 

20 activities of the Office of the Ombudsman for 

21 the fiscal year ending in such calendar year. 

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

23 under subparagraph (A)— 

24 ‘‘(i) contain full and substantive anal25 ysis, in addition to statistical information; 


lotter on DSKBCFDHB2PROD with BILLS
30 

•S 2724 IS

1 ‘‘(ii) identify the recommendations the 

2 Office of the Ombudsman has made on ad3 dressing reported civil rights violations and 

4 violations of this section and reducing the 

5 use and improving the practices of solitary 

6 confinement in the Bureau of Prisons; 

7 ‘‘(iii) contain a summary of problems 

8 relating to reported civil rights violations 

9 and violations of this section, including a 

10 detailed description of the nature of such 

11 problems and a breakdown of where the 

12 problems occur among Bureau of Prisons 

13 facilities and facilities that contract with 

14 the Bureau of Prisons; 

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

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

17 action has been taken and the result of 

18 such action; 

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

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

21 action remains to be completed and the pe22 riod during which each item has remained 

23 on such inventory; 

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

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


lotter on DSKBCFDHB2PROD with BILLS
31 

•S 2724 IS

1 no action has been taken, the period dur2 ing which each item has remained on such 

3 inventory, the reasons for the inaction, and 

4 shall identify any official of the Bureau of 

5 Prisons who is responsible for such inac6 tion; 

7 ‘‘(vii) contain recommendations for 

8 such legislative or administrative action as 

9 may be appropriate to resolve problems 

10 identified in clause (iii); and 

11 ‘‘(viii) include such other information 

12 as the Ombudsman determines necessary. 

13 ‘‘(C) SUBMISSION OF REPORTS.—Each re14 port required under this paragraph shall be 

15 provided directly to the Committees described 

16 in subparagraph (A) without any prior review, 

17 comment, or amendment from the Director or 

18 any other officer or employee of the Depart19 ment of Justice or Bureau of Prisons. 

20 ‘‘(8) REGULAR MEETINGS WITH THE DIRECTOR

21 OF THE BUREAU OF PRISONS.—The Ombudsman 

22 shall meet regularly with the Director to identify 

23 problems with reported civil rights violations and the 

24 solitary confinement policies and practices of the 

25 Bureau of Prisons, including overuse of solitary conVerDate Sep 11 2014 03:42 Apr 26, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2724.IS S2724

lotter on DSKBCFDHB2PROD with BILLS
32 

•S 2724 IS

1 finement, and to present recommendations for such 

2 administrative action as may be appropriate to re3 solve problems relating to reported civil rights viola4 tions and the solitary confinement policies and prac5 tices of the Bureau of Prisons. 

6 ‘‘(9) RESPONSIBILITIES OF BUREAU OF PRIS7 ONS.—The Director shall establish procedures re8 quiring that, not later than 3 months after the date 

9 on which a recommendation is submitted to the Di10 rector by the Ombudsman, the Director or other ap11 propriate employee of the Bureau of Prisons issue a 

12 formal response to the recommendation. 

13 ‘‘(10) NON-APPLICATION OF THE PRISON LITI14 GATION REFORM ACT.—Inmate reports sent to the 

15 Ombudsman shall not be considered an administra16 tive remedy under section 7(a) of the Civil Rights of 

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

18 1997e(a)).’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

21 States Code, is amended by inserting after the item relat22 ing to section 4049 the following: 

‘‘4050. Solitary confinement.’’. 

23 SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH. 

24 Not later than 180 days after the date of enactment 

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


lotter on DSKBCFDHB2PROD with BILLS
33 

•S 2724 IS

1 (1) assemble a team of licensed mental health 

2 professionals, which may include licensed mental 

3 health professionals who are not employed by the 

4 Bureau of Prisons, to conduct a comprehensive men5 tal health reevaluation for each inmate held in soli6 tary confinement for more than 30 days as of the 

7 date of enactment of this Act, including a confiden8 tial, face-to-face, out-of-cell interview by a licensed 

9 mental health professional; and 

10 (2) adjust the placement of each inmate in ac11 cordance with section 4050(c) of title 18, United 

12 States Code, as added by section 2. 

13 SEC. 4. DIRECTOR OF BUREAU OF PRISONS. 

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

15 amended— 

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

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

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

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

20 Prisons shall— 

21 ‘‘(1) meet regularly with the Ombudsman ap22 pointed under section 4050(e) to identify how the 

23 Bureau of Prisons can address reported civil rights 

24 violations and reduce the use of solitary confinement 


lotter on DSKBCFDHB2PROD with BILLS
34 

•S 2724 IS

1 and correct problems in the solitary confinement 

2 policies and practices of the Bureau; 

3 ‘‘(2) conduct a prompt and thorough investiga4 tion of each referral from the Ombudsman under 

5 section 4050(e)(5)(D), after each such investigation 

6 take appropriate disciplinary action against any Bu7 reau of Prisons employee who is found to have en8 gaged in misconduct or to have violated Bureau of 

9 Prisons policy, and notify the Ombudsman of the 

10 outcome of each such investigation; and 

11 ‘‘(3) establish procedures requiring a formal re12 sponse by the Bureau of Prisons to any rec13 ommendation of the Ombudsman in the annual re14 port submitted under section 4050(e)(6) not later 

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

16 submitted to Congress.’’. 

17 SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINE18 MENT. 

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

20 amended by adding at the end the following: 

21 ‘‘(d) PRISON SOLITARY CONFINEMENT ASSESS22 MENTS.— 

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

24 each year, the Director of the Bureau of Prisons 

25 shall prepare and transmit to the Committee on the 


lotter on DSKBCFDHB2PROD with BILLS
35 

•S 2724 IS

1 Judiciary of the Senate and the Committee on the 

2 Judiciary of the House of Representatives an annual 

3 assessment of the use of solitary confinement by the 

4 Bureau of Prisons, as defined in section 4050(a). 

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

6 under paragraph (1) shall include— 

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

8 Bureau of Prisons, including any changes in 

9 policies and regulations, for determining which 

10 inmates are placed in each form of solitary con11 finement, or housing in which an inmate is sep12 arated from the general population in use dur13 ing the reporting period, and a detailed descrip14 tion of each form of solitary confinement in use, 

15 including all maximum and high security facili16 ties, all special housing units, all special man17 agement units, all Administrative Maximum fa18 cilities, including the United States Peniten19 tiary Administrative Maximum in Florence, Col20 orado, and all Communication Management 

21 Units; 

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

23 of the Bureau of Prisons who are housed in 

24 each type of solitary confinement for any period 

25 and the percentage of all inmates who have 


lotter on DSKBCFDHB2PROD with BILLS
36 

•S 2724 IS

1 spent at least some time in each form of soli2 tary confinement during the reporting period; 

3 ‘‘(C) the demographics of all inmates 

4 housed in each type of solitary confinement de5 scribed in subparagraph (A), including race, 

6 ethnicity, religion, age, and gender; 

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

8 Bureau of Prisons, including any updates in 

9 policies and regulations, for subsequent reviews 

10 or appeals of the placement of an inmate into 

11 or out of solitary confinement; 

12 ‘‘(E) the number of reviews of and chal13 lenges to each type of solitary confinement 

14 placement described in subparagraph (A) con15 ducted during the reporting period and the 

16 number of reviews or appeals that directly re17 sulted in a change of placement; 

18 ‘‘(F) the general conditions and restric19 tions for each type of solitary confinement de20 scribed in subparagraph (A), including the 

21 number of hours spent in ‘isolation,’ or re22 straint, for each, and the percentage of time 

23 these conditions involve single-inmate housing; 

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

25 in each form of solitary confinement described 


lotter on DSKBCFDHB2PROD with BILLS
37 

•S 2724 IS

1 in subparagraph (A), based on all individuals 

2 released from solitary confinement during the 

3 reporting period, including maximum and high 

4 security facilities, special housing units, special 

5 management units, the Administrative Max6 imum facilities, including the United States 

7 Penitentiary Administrative Maximum in Flor8 ence, Colorado, Communication Management 

9 Units, and any maximum length of stay during 

10 the reporting period; 

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

12 stay of 5 or more days in solitary confinement, 

13 were released directly from solitary confinement 

14 to the public during the reporting period; 

15 ‘‘(I) the cost for each form of solitary con16 finement described in subparagraph (A) in use 

17 during the reporting period, including as com18 pared with the average daily cost of housing an 

19 inmate in the general population; 

20 ‘‘(J) statistics for inmate assaults on cor21 rectional officers and staff of the Bureau of 

22 Prisons, inmate-on-inmate assaults, and staff23 on-inmate use of force incidents in the various 

24 forms of solitary confinement described in subVerDate Sep 11 2014 03:42 Apr 26, 2018 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2724.IS S2724

lotter on DSKBCFDHB2PROD with BILLS
38 

•S 2724 IS

1 paragraph (A) and statistics for such assaults 

2 in the general population; 

3 ‘‘(K) the policies for mental health screen4 ing, mental health treatment, and subsequent 

5 mental health reviews for all inmates, including 

6 any update to the policies, and any additional 

7 screening, treatment, and monitoring for in8 mates in solitary confinement; 

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

10 health staff that conducted mental health as11 sessments for the Bureau of Prisons during the 

12 reporting period, a description of the different 

13 positions in the mental health staff of the Bu14 reau of Prisons, and the number of part- and 

15 full-time psychologists and psychiatrists em16 ployed by the Bureau of Prisons during the re17 porting period; 

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

19 indicators for all inmates in solitary confine20 ment, including— 

21 ‘‘(i) the number of inmates requiring 

22 medication for mental health conditions; 

23 ‘‘(ii) the number diagnosed with an 

24 intellectual disability; 


lotter on DSKBCFDHB2PROD with BILLS
39 

•S 2724 IS

1 ‘‘(iii) the number diagnosed with seri2 ous mental illness; 

3 ‘‘(iv) the number of suicides; 

4 ‘‘(v) the number of attempted suicides 

5 and number of inmates placed on suicide 

6 watch; 

7 ‘‘(vi) the number of instances of self8 harm committed by inmates; 

9 ‘‘(vii) the number of inmates with 

10 physical disabilities, including blind, deaf, 

11 and mobility-impaired inmates; and 

12 ‘‘(viii) the number of instances of 

13 forced feeding of inmates; and 

14 ‘‘(N) any other relevant data.’’. 

15 SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CON16 FINEMENT REDUCTION AND REFORM. 

17 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec18 tion, the term ‘‘eligible entity’’ means an entity, or a part19 nership of entities, that has demonstrated expertise in the 

20 fields of— 

21 (1) solitary confinement, including the reduc22 tion and reform of its use; and 

23 (2) providing technical assistance to corrections 

24 agencies on how to reduce and reform solitary con25 finement. 


lotter on DSKBCFDHB2PROD with BILLS
40 

•S 2724 IS

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

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

3 Assistance shall enter into a cooperative agreement, on a 

4 competitive basis, with an eligible entity for the purpose 

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

6 Federal corrections systems, which shall conduct activities 

7 such as— 

8 (1) provide on-site technical assistance and con9 sultation to Federal, State, and local corrections 

10 agencies to safely reduce the use of solitary confine11 ment; 

12 (2) act as a clearinghouse for research, data, 

13 and information on the safe reduction of solitary 

14 confinement in prisons and other custodial settings, 

15 including facilitating the exchange of information be16 tween Federal, State, and local practitioners, na17 tional experts, and researchers; 

18 (3) create a minimum of 10 learning sites in 

19 Federal, State, and local jurisdictions that have al20 ready reduced their use of solitary confinement and 

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

22 participate in training, consultation, and other forms 

23 of assistance and partnership with these learning 

24 sites; 


lotter on DSKBCFDHB2PROD with BILLS
41 

•S 2724 IS

1 (4) conduct evaluations of jurisdictions that 

2 have decreased their use of solitary confinement to 

3 determine best practices; 

4 (5) conduct research on the effectiveness of al5 ternatives to solitary confinement, such as step-down 

6 or transitional programs, strategies to reintegrate 

7 inmates into general population, the role of officers 

8 and staff culture in reform efforts, and other re9 search relevant to the safe reduction of solitary con10 finement; 

11 (6) develop and disseminate a toolkit for sys12 tems to reduce the excessive use of solitary confine13 ment; 

14 (7) develop and disseminate an online self-as15 sessment tool for State and local jurisdictions to as16 sess their own use of solitary confinement and iden17 tify strategies to reduce its use; and 

18 (8) conduct public webinars to highlight new 

19 and promising practices. 

20 (c) ADMINISTRATION.—The program under this sec21 tion shall be administered by the Bureau of Justice Assist22 ance. 

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

24 center shall report to the Committee on the Judiciary of 

25 the Senate and the Committee on the Judiciary of the 


lotter on DSKBCFDHB2PROD with BILLS
42 

•S 2724 IS

1 House of Representatives on its activities and any changes 

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

3 local level that have resulted from its activities. 

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

5 shall enter into a cooperative agreement under this section 

6 for 5 years. 

7 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated— 

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

10 such sums as may be necessary to carry out sections 

11 2, 3, 4, and 5, and the amendments made by such 

12 sections; and 

13 (2) to the Bureau of Justice Assistance such 

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

15 SEC. 8. NOTICE AND COMMENT REQUIREMENT. 

16 The Director of the Bureau of Prisons shall prescribe 

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

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

19 made by this Act. 

20 SEC. 9. EFFECTIVE DATE. 

21 Except as otherwise provided, this Act and the 

22 amendments made by this Act shall take effect 18 months 

23 after the date of enactment of this Act. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS