I 

115TH CONGRESS 

2D SESSION H. R. 5710 

To develop and implement national standards for the use of solitary 

confinement in correctional facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2018 

Mr. RICHMOND (for himself, Mr. DANNY K. DAVIS of Illinois, Mr. CA ́RDENAS, 

Mr. ELLISON, Ms. KAPTUR, Ms. KELLY of Illinois, Mr. HASTINGS, Ms. 

MOORE, Ms. WILSON of Florida, Ms. NORTON, Mr. JOHNSON of Georgia, 

Ms. FUDGE, Mr. POCAN, Mr. MEEKS, Ms. DELBENE, Ms. LOFGREN, Mr. 

SMITH of Washington, Mr. CAPUANO, Mr. BLUMENAUER, Mr. COHEN, 

Mrs. BEATTY, Mr. TAKANO, Mr. MCGOVERN, Ms. MCCOLLUM, Mr. 

WELCH, Ms. ESHOO, Mr. BUTTERFIELD, Mr. NADLER, Mr. SCHIFF, Ms. 

SCHAKOWSKY, Mr. CUMMINGS, Mr. RASKIN, Ms. JAYAPAL, and Mr. PALLONE) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To develop and implement national standards for the use 

of solitary confinement in correctional facilities, 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 Study and Reform Act of 2018’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 5710 IH

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) develop and implement national standards 

4 for the use of solitary confinement to ensure that it 

5 is used infrequently and only under extreme cir6 cumstances; 

7 (2) establish a more humane and constitu8 tionally sound practice of segregated detention or 

9 solitary confinement in correctional facilities; 

10 (3) accelerate the development of best practices 

11 and make reforming solitary confinement a top pri12 ority in each correctional facility at the Federal and 

13 State levels; 

14 (4) increase the available data and information 

15 on the incidence of solitary confinement, con16 sequently improving the management and adminis17 tration of correctional facilities; 

18 (5) standardize the definitions used for col19 lecting data on the incidence of solitary confinement; 

20 (6) increase the accountability of correctional 

21 facility officials who fail to design and implement 

22 humane and constitutionally sound solitary confine23 ment practices; 

24 (7) protect the Eighth Amendment rights of in25 mates at correctional facilities; and 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 5710 IH

1 (8) reduce the costs that solitary confinement 

2 imposes on interstate commerce. 

3 SEC. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND 

4 REFORM COMMISSION. 

5 (a) ESTABLISHMENT.—There is established a com6 mission to be known as the National Solitary Confinement 

7 Study and Reform Commission. 

8 (b) MEMBERS.— 

9 (1) IN GENERAL.—The Commission shall be 

10 composed of 9 members, of whom— 

11 (A) 3 shall be appointed by the President; 

12 (B) 2 shall be appointed by the Speaker of 

13 the House of Representatives, unless the Speak14 er is of the same party as the President, in 

15 which case 1 shall be appointed by the Speaker 

16 of the House of Representatives and 1 shall be 

17 appointed by the minority leader of the House 

18 of Representatives; 

19 (C) 1 shall be appointed by the minority 

20 leader of the House of Representatives (in addi21 tion to any appointment made under subpara22 graph (B)); 

23 (D) 2 shall be appointed by the majority 

24 leader of the Senate, unless the majority leader 

25 is of the same party as the President, in which 


lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 5710 IH

1 case 1 shall be appointed by the majority leader 

2 of the Senate and 1 shall be appointed by the 

3 minority leader of the Senate; and 

4 (E) 1 shall be appointed by the minority 

5 leader of the Senate (in addition to any ap6 pointment made under subparagraph (D)). 

7 (2) PERSONS ELIGIBLE.—Each member of the 

8 Commission shall be an individual who has knowl9 edge or expertise in matters to be studied by the 

10 Commission. 

11 (3) CONSULTATION REQUIRED.—The President, 

12 the Speaker and minority leader of the House of 

13 Representatives, and the majority leader and minor14 ity leader of the Senate shall consult with one an15 other prior to the appointment of the members of 

16 the Commission to achieve, to the maximum extent 

17 possible, fair and equitable representation of various 

18 points of view with respect to the matters to be 

19 studied by the Commission. 

20 (4) TERM.—Each member shall be appointed 

21 for the life of the Commission. 

22 (5) TIME FOR INITIAL APPOINTMENTS.—The 

23 appointment of the members shall be made not later 

24 than 180 days after the date of enactment of this 

25 Act. 


lotter on DSKBCFDHB2PROD with BILLS
5 

•HR 5710 IH

1 (6) VACANCIES.—A vacancy in the Commission 

2 shall be filled in the manner in which the original 

3 appointment was made, and shall be made not later 

4 than 60 days after the date on which the vacancy 

5 occurred. 

6 (c) OPERATION.— 

7 (1) CHAIRPERSON.—Not later than 15 days 

8 after appointments of all the members are made, the 

9 President shall appoint a chairperson for the Com10 mission from among its members. 

11 (2) MEETINGS.—The Commission shall meet at 

12 the call of the chairperson. The initial meeting of the 

13 Commission shall take place not later than 30 days 

14 after the initial appointment of the members is com15 pleted. 

16 (3) QUORUM.—A majority of the members of 

17 the Commission shall constitute a quorum to con18 duct business, but the Commission may establish a 

19 lesser quorum for conducting hearings scheduled by 

20 the Commission. 

21 (4) RULES.—The Commission may establish by 

22 majority vote any other rules for the conduct of 

23 Commission business, if such rules are not incon24 sistent with this Act or other applicable law. 


lotter on DSKBCFDHB2PROD with BILLS
6 

•HR 5710 IH

1 (d) COMPREHENSIVE STUDY OF THE IMPACTS OF

2 SOLITARY CONFINEMENT.— 

3 (1) IN GENERAL.—The Commission shall carry 

4 out a comprehensive legal and factual study of the 

5 penological, physical, mental, medical, social, fiscal, 

6 and economic impacts of solitary confinement in the 

7 United States on— 

8 (A) Federal, State, and local governments; 

9 and 

10 (B) communities and social institutions 

11 generally, including individuals, families, and 

12 businesses within such communities and social 

13 institutions. 

14 (2) MATTERS INCLUDED.—The study under 

15 paragraph (1) shall include— 

16 (A) a review of existing Federal, State, 

17 and local government policies and practices with 

18 respect to the extent and duration of the use of 

19 solitary confinement; 

20 (B) an assessment of the relationship be21 tween solitary confinement and correctional fa22 cility conditions, and existing monitoring, regu23 latory, and enforcement practices; 

24 (C) an assessment of the characteristics of 

25 prisoners and juvenile detainees most likely to 


lotter on DSKBCFDHB2PROD with BILLS
7 

•HR 5710 IH

1 be referred to solitary confinement and the ef2 fectiveness of various types of treatment or pro3 grams to reduce such likelihood; 

4 (D) an assessment of the impacts of soli5 tary confinement on individuals, families, social 

6 institutions, and the economy generally; 

7 (E) an identification of additional scientific 

8 and social science research needed on the preva9 lence of solitary confinement in correctional fa10 cilities as well as a full assessment of existing 

11 literature; 

12 (F) an assessment of the general relation13 ship between solitary confinement and mental 

14 illness; 

15 (G) an assessment of the relationship be16 tween solitary confinement and levels of train17 ing, supervision, and discipline of the staff of 

18 correctional facilities; and 

19 (H) an assessment of existing Federal and 

20 State systems for collecting and reporting the 

21 number and duration of solitary confinement 

22 incidents in correctional facilities nationwide. 

23 (3) REPORT.— 

24 (A) DISTRIBUTION.—Not later than two 

25 years after the date of the initial meeting of the 


lotter on DSKBCFDHB2PROD with BILLS
8 

•HR 5710 IH

1 Commission, the Commission shall submit a re2 port on the study carried out under this sub3 section to— 

4 (i) the President; 

5 (ii) the Congress; 

6 (iii) the Attorney General of the 

7 United States; 

8 (iv) the Secretary of Health and 

9 Human Services; 

10 (v) the Director of the Federal Bu11 reau of Prisons; 

12 (vi) the Administrator of the Office of 

13 Juvenile Justice and Delinquency Preven14 tion; 

15 (vii) the chief executive of each State; 

16 and 

17 (viii) the head of the department of 

18 corrections of each State. 

19 (B) CONTENTS.—The report under sub20 paragraph (A) shall include— 

21 (i) the findings and conclusions of the 

22 Commission; 

23 (ii) the recommended national stand24 ards for reducing the use of solitary con25 finement described in subsection (e); and 


lotter on DSKBCFDHB2PROD with BILLS
9 

•HR 5710 IH

1 (iii) a summary of the materials relied 

2 on by the Commission in the preparation 

3 of the report. 

4 (e) RECOMMENDATIONS.— 

5 (1) IN GENERAL.—As part of the report sub6 mitted under subsection (d)(3), the Commission 

7 shall provide the Attorney General and the Secretary 

8 of Health and Human Services with recommended 

9 national standards for significantly reducing the use 

10 of solitary confinement in correctional facilities. 

11 (2) MATTERS INCLUDED.—The information 

12 provided under paragraph (1) shall include rec13 ommended national standards relating to— 

14 (A) how authorities can progress toward 

15 significantly limiting the utilization of solitary 

16 confinement so that a prisoner or juvenile de17 tainee may be placed in solitary confinement 

18 only when the safety or security of the facility 

19 or another person is at imminent risk, during 

20 an ongoing disciplinary investigation concerning 

21 an adult prisoner, or to punish an adult pris22 oner for an extremely serious disciplinary in23 fraction; 

24 (B) methods that can be employed to en25 sure that the duration of solitary confinement 


lotter on DSKBCFDHB2PROD with BILLS
10 

•HR 5710 IH

1 of a prisoner or juvenile detainee at an institu2 tion can be limited to fewer than 30 days in 

3 any 45-day period, except in a case in which the 

4 head of a correctional facility makes an individ5 ualized determination that prolonged solitary 

6 confinement of the prisoner or detainee for a 

7 serious disciplinary infraction is necessary for 

8 the order or security of the institution, or a 

9 prisoner or detainee requests such placement; 

10 (C) ensuring that prior to being classified, 

11 assigned, or subject to long-term solitary con12 finement, an adult prisoner shall be entitled to 

13 a meaningful hearing on the reason for and du14 ration of the confinement and have access to 

15 legal counsel for such hearings; 

16 (D) ensuring that indefinite sentencing of 

17 an adult prisoner to long-term solitary confine18 ment will not be allowed and that the prisoner 

19 will be afforded a meaningful review of the con20 finement at least once every 30 days that the 

21 prisoner remains in solitary confinement and 

22 that correctional facility officials must record 

23 and provide a transcript of the review pro24 ceedings for the prisoner under review to the 

25 prisoner or the prisoner’s designee; 


lotter on DSKBCFDHB2PROD with BILLS
11 

•HR 5710 IH

1 (E) ensuring that correctional facility offi2 cials design and implement programming that 

3 allows adult prisoners subject to long-term soli4 tary confinement to earn placement in less re5 strictive housing through positive behavior; 

6 (F) limiting the use of involuntary solitary 

7 confinement for the purpose of protective cus8 tody solely because of a personal characteristic 

9 that makes the prisoner or juvenile detainee 

10 particularly vulnerable to harm, including age, 

11 gender identity, race, or religion; 

12 (G) ensuring that correctional facility offi13 cials improve access to mental health treatment 

14 for prisoners and juvenile detainees in solitary 

15 confinement; 

16 (H) ensuring that correctional facility offi17 cials work toward systems wherein prisoners 

18 and juvenile detainees diagnosed by a qualified 

19 mental health professional with a serious men20 tal illness are not held in long-term solitary 

21 confinement; 

22 (I) ensuring that correctional facility offi23 cials do all that is feasible to make certain that 

24 prisoners and juvenile detainees are not held in 


lotter on DSKBCFDHB2PROD with BILLS
12 

•HR 5710 IH

1 solitary confinement for any duration, except 

2 under extreme emergency circumstances; 

3 (J) ensuring that correctional facility offi4 cials develop alternative methods to manage 

5 issues with prisoners and juvenile detainees 

6 other than solitary confinement; and 

7 (K) such other matters as may reasonably 

8 be related to the goal of reducing solitary con9 finement in correctional facilities. 

10 (3) LIMITATION.—The Commission shall not 

11 propose a recommended standard that would impose 

12 substantial additional costs compared to the costs 

13 presently expended by correctional facilities, and 

14 shall seek to propose standards that reduce the costs 

15 of incarceration at such facilities. 

16 (f) CONSULTATION WITH ACCREDITATION ORGANI17 ZATIONS.—In developing recommended national standards 

18 for the reduction of solitary confinement under subsection 

19 (e), the Commission shall consider any standards that 

20 have already been developed, or are being developed simul21 taneously to the deliberations of the Commission. The 

22 Commission shall consult with accreditation organizations 

23 responsible for the accreditation of correctional facilities 

24 that have developed or are developing standards related 

25 to solitary confinement. The Commission shall also consult 


lotter on DSKBCFDHB2PROD with BILLS
13 

•HR 5710 IH

1 with national associations representing the corrections 

2 profession, the legal profession, the medical profession, or 

3 any other pertinent professional body that has developed 

4 or is developing standards related to solitary confinement. 

5 (g) HEARINGS.— 

6 (1) IN GENERAL.—The Commission shall hold 

7 public hearings. The Commission may hold such 

8 hearings, sit and act at such times and places, take 

9 such testimony, and receive such evidence as the 

10 Commission considers advisable to carry out its du11 ties under this section. 

12 (2) WITNESS EXPENSES.—Witnesses requested 

13 to appear before the Commission shall be paid the 

14 same fees as are paid to witnesses under section 

15 1821 of title 28, United States Code. The per diem 

16 and mileage allowances for witnesses shall be paid 

17 from funds appropriated to the Commission. 

18 (h) INFORMATION FROM FEDERAL OR STATE AGEN19 CIES.—The Commission may secure directly from any 

20 Federal department or agency such information as the 

21 Commission considers necessary to carry out its duties 

22 under this section. The Commission may request the head 

23 of any State or local department or agency to furnish such 

24 information to the Commission. 

25 (i) PERSONNEL MATTERS.— 


lotter on DSKBCFDHB2PROD with BILLS
14 

•HR 5710 IH

1 (1) TRAVEL EXPENSES.—The members of the 

2 Commission shall be allowed travel expenses, includ3 ing per diem in lieu of subsistence, at rates author4 ized for employees of agencies under subchapter I of 

5 chapter 57 of title 5, United States Code, while 

6 away from their homes or regular places of business 

7 in the performance of service for the Commission. 

8 (2) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 9 ⁄3 of the Commission, any 

10 Federal Government employee, with the approval of 

11 the head of the appropriate Federal agency, may be 

12 detailed to the Commission without reimbursement, 

13 and such detail shall be without interruption or loss 

14 of civil service status, benefits, or privileges. 

15 (3) PROCUREMENT OF TEMPORARY AND INTER16 MITTENT SERVICES.—Upon the request of the Com17 mission, the Attorney General shall provide reason18 able and appropriate office space, supplies, and ad19 ministrative assistance. 

20 (j) CONTRACTS FOR RESEARCH.— 

21 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 22 ⁄3 affirmative vote, the Commission may select non23 governmental researchers and experts to assist the 

24 Commission in carrying out its duties under this 

25 Act. The National Institute of Justice shall contract 


lotter on DSKBCFDHB2PROD with BILLS
15 

•HR 5710 IH

1 with the researchers and experts selected by the 

2 Commission to provide funding in exchange for their 

3 services. 

4 (2) OTHER ORGANIZATIONS.—Nothing in this 

5 subsection shall be construed to limit the ability of 

6 the Commission to enter into contracts with other 

7 entities or organizations for research necessary to 

8 carry out the duties of the Commission under this 

9 section. 

10 (k) TERMINATION.—The Commission shall terminate 

11 on the date that is 60 days after the date on which the 

12 Commission submits the reports required by this section. 

13 (l) EXEMPTION.—The Commission shall be exempt 

14 from the Federal Advisory Committee Act. 

15 SEC. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 

16 (a) PUBLICATION OF STANDARDS.— 

17 (1) FINAL RULE.—Not later than two years 

18 after receiving the report specified in section 

19 (3)(d)(3), the Attorney General shall publish a final 

20 rule adopting national standards for the reduction of 

21 solitary confinement in correctional facilities. 

22 (2) INDEPENDENT JUDGMENT.—The standards 

23 referred to in paragraph (1) shall be based upon the 

24 independent judgment of the Attorney General, after 

25 giving consideration to the recommended national 


lotter on DSKBCFDHB2PROD with BILLS
16 

•HR 5710 IH

1 standards provided by the Commission under section 

2 3(e), and being informed by such data, opinions, and 

3 proposals that the Attorney General determines to 

4 be appropriate to consider. 

5 (3) LIMITATION.—The Attorney General shall 

6 not establish a national standard under this section 

7 that would impose substantial additional costs com8 pared to the costs presently expended by Federal 

9 and State correctional systems. The Attorney Gen10 eral may, however, provide a list of improvements 

11 for consideration by correctional facilities. 

12 (4) TRANSMISSION TO STATES.—Not later than 

13 90 days after publishing the final rule under para14 graph (1), the Attorney General shall transmit the 

15 national standards adopted under that paragraph to 

16 the chief executive of each State, the head of the de17 partment of corrections of each State, the head of 

18 the department of juvenile justice of each State, and 

19 to the appropriate authorities in those units of local 

20 government who oversee operations in one or more 

21 correctional facilities. 

22 (b) APPLICABILITY TO FEDERAL BUREAU OF PRIS23 ONS.—The national standards referred to in subsection 

24 (a) shall apply to the Federal Bureau of Prisons immeVerDate Sep 11 2014 23:42 May 16, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.IH H5710

lotter on DSKBCFDHB2PROD with BILLS
17 

•HR 5710 IH

1 diately upon adoption of the final rule under subsection 

2 (a)(1). 

3 (c) ELIGIBILITY FOR FEDERAL FUNDS.— 

4 (1) IN GENERAL.—Beginning in the second fis5 cal year that begins after the date on which the At6 torney General issues the final rule under subsection 

7 (a)(1), in order to be eligible to receive a grant 

8 under a program identified by the Attorney General 

9 under paragraph (2), the chief executive of a State 

10 or unit of local government seeking such a grant 

11 shall submit to the Attorney general a certification 

12 that the State or local government has adopted, and 

13 is in full compliance with the national standards de14 scribed in subsection (a)(1). 

15 (2) COVERED GRANT PROGRAMS.—The Attor16 ney General shall identify grant programs carried 

17 out by the Department of Justice which provide 

18 funding to States and units of local government for 

19 the construction, maintenance, or operation of cor20 rectional facilities, and make a list of such programs 

21 publicly available. 

22 SEC. 5. DEFINITIONS. 

23 For purposes of this Act, the following definitions 

24 shall apply: 


lotter on DSKBCFDHB2PROD with BILLS
18 

•HR 5710 IH

1 (1) ATTORNEY GENERAL.—The term ‘‘Attorney 

2 General’’ means the Attorney General of the United 

3 States. 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the National Solitary Confinement Study and 

6 Reform Commission established under section 3 of 

7 this Act. 

8 (3) LONG-TERM.—The term ‘‘long-term’’ means 

9 any period lasting more than 30 days, consecutive or 

10 nonconsecutive, in any 45-day period. 

11 (4) QUALIFIED MENTAL HEALTH PROFES12 SIONAL.—The term ‘‘qualified mental health profes13 sional’’ means a psychiatrist, psychologist, psy14 chiatric social worker, licensed professional coun15 selor, psychiatric nurse, or another individual who, 

16 by virtue of education, credentials, and experience, is 

17 permitted by law to evaluate and provide mental 

18 health care. 

19 (5) SERIOUS MENTAL ILLNESS.—The term ‘‘se20 rious mental illness’’ means a substantial disorder 

21 that— 

22 (A) significantly impairs judgment, behav23 ior, or capacity to recognize reality or cope with 

24 the ordinary demands of life; and 


lotter on DSKBCFDHB2PROD with BILLS
19 

•HR 5710 IH

1 (B) is manifested by substantial pain or 

2 disability, the status of being actively suicidal, 

3 a severe cognitive disorder that results in sig4 nificant functional impairment, or a severe per5 sonality disorder that results in significant 

6 functional impairment. 

7 (6) SOLITARY CONFINEMENT.—The term ‘‘soli8 tary confinement’’ means confinement of a prisoner 

9 or juvenile detainee in a cell or other place, alone or 

10 with other persons, for approximately 22 hours or 

11 more per day with severely restricted activity, move12 ment, and social interaction, which is separate from 

13 the general population of that correctional facility. 

14 (7) CORRECTIONAL FACILITY.—The term ‘‘cor15 rectional facility’’ means a Federal, State, local, or 

16 privately run prison, jail, or juvenile detention facil17 ity. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS