II 

114TH CONGRESS 

1ST SESSION S. 1965 

To place restrictions on the use of solitary confinement for juveniles in 

Federal custody. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2015 

Mr. BOOKER (for himself, Mr. PAUL, Mr. LEE, and Mr. DURBIN) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To place restrictions on the use of solitary confinement for 

juveniles in Federal custody. 

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 ‘‘Maintaining dignity 

5 and Eliminating unnecessary Restrictive Confinement of 

6 Youths Act of 2015’’ or the ‘‘MERCY Act’’. 

7 SEC. 2. JUVENILE SOLITARY CONFINEMENT. 

8 (a) IN GENERAL.—Chapter 403 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 5043. Juvenile solitary confinement 

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

3 ‘‘(1) the term ‘covered juvenile’ means— 

4 ‘‘(A) a juvenile who— 

5 ‘‘(i) is being proceeded against under 

6 this chapter for an alleged act of juvenile 

7 delinquency; or 

8 ‘‘(ii) has been adjudicated delinquent 

9 under this chapter; or 

10 ‘‘(B) a juvenile who is being proceeded 

11 against as an adult in a district court of the 

12 United States for an alleged criminal offense; 

13 ‘‘(2) the term ‘juvenile facility’ means any facil14 ity where covered juveniles are— 

15 ‘‘(A) committed pursuant to an adjudica16 tion of delinquency under this chapter; or 

17 ‘‘(B) detained prior to disposition or con18 viction; and 

19 ‘‘(3) the term ‘room confinement’ means the in20 voluntary placement of a covered juvenile alone in a 

21 cell, room, or other area for any reason. 

22 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU23 VENILE FACILITIES.— 

24 ‘‘(1) IN GENERAL.—The use of room confine25 ment at a juvenile facility for discipline, punishment, 

26 retaliation, or any reason other than as a temporary 


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1 response to a covered juvenile’s behavior that poses 

2 a serious and immediate risk of physical harm to 

3 any individual, including the covered juvenile, is pro4 hibited. 

5 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

6 ‘‘(A) REQUIREMENT TO USE LEAST RE7 STRICTIVE TECHNIQUES.— 

8 ‘‘(i) IN GENERAL.—Before a staff 

9 member of a juvenile facility places a cov10 ered juvenile in room confinement, the 

11 staff member shall attempt to use less re12 strictive techniques, including— 

13 ‘‘(I) talking with the covered ju14 venile in an attempt to de-escalate the 

15 situation; and 

16 ‘‘(II) permitting a qualified men17 tal health professional to talk to the 

18 covered juvenile. 

19 ‘‘(ii) EXPLANATION.—If, after at20 tempting to use less restrictive techniques 

21 as required under clause (i), a staff mem22 ber of a juvenile facility decides to place a 

23 covered juvenile in room confinement, the 

24 staff member shall first— 


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1 ‘‘(I) explain to the covered juve2 nile the reasons for the room confine3 ment; and 

4 ‘‘(II) inform the covered juvenile 

5 that release from room confinement 

6 will occur— 

7 ‘‘(aa) immediately when the 

8 covered juvenile regains self-con9 trol, as described in subpara10 graph (B)(i); or 

11 ‘‘(bb) not later than after 

12 the expiration of the time period 

13 described in subclause (I) or (II) 

14 of subparagraph (B)(ii), as appli15 cable. 

16 ‘‘(B) MAXIMUM PERIOD OF CONFINE17 MENT.—If a covered juvenile is placed in room 

18 confinement because the covered juvenile poses 

19 a serious and immediate risk of physical harm 

20 to himself or herself, or to others, the covered 

21 juvenile shall be released— 

22 ‘‘(i) immediately when the covered ju23 venile has sufficiently gained control so as 

24 to no longer engage in behavior that 

25 threatens serious and immediate risk of 


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1 physical harm to himself or herself, or to 

2 others; or 

3 ‘‘(ii) if a covered juvenile does not suf4 ficiently gain control as described in clause 

5 (i), not later than— 

6 ‘‘(I) 3 hours after being placed in 

7 room confinement, in the case of a 

8 covered juvenile who poses a serious 

9 and immediate risk of physical harm 

10 to others; or 

11 ‘‘(II) 30 minutes after being 

12 placed in room confinement, in the 

13 case of a covered juvenile who poses a 

14 serious and immediate risk of physical 

15 harm only to himself or herself. 

16 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE17 RIOD OF CONFINEMENT.—If, after the applica18 ble maximum period of confinement under sub19 clause (I) or (II) of subparagraph (B)(ii) has 

20 expired, a covered juvenile continues to pose a 

21 serious and immediate risk of physical harm de22 scribed in that subclause— 

23 ‘‘(i) the covered juvenile shall be 

24 transferred to another juvenile facility or 

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1 vided to the covered juvenile without rely2 ing on room confinement; or 

3 ‘‘(ii) if a qualified mental health pro4 fessional believes the level of crisis service 

5 needed is not currently available, a staff 

6 member of the juvenile facility shall ini7 tiate a referral to a location that can meet 

8 the needs of the covered juvenile. 

9 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

10 consecutive periods of room confinement to 

11 evade the spirit and purpose of this subsection 

12 shall be prohibited.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 403 of title 18, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

‘‘5043. Juvenile solitary confinement.’’. 

Æ 


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