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. PAL-
LONE) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘The Solitary Confinement 
Study and Reform Act of 2018’’. 
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SEC. 2. PURPOSES. 
The purposes of this Act are to— 
(1) develop and implement national standards 
for the use of solitary confinement to ensure that it 
is used infrequently and only under extreme cir-
cumstances; 
(2) establish a more humane and constitu-
tionally sound practice of segregated detention or 
solitary confinement in correctional facilities; 
(3) accelerate the development of best practices 
and make reforming solitary confinement a top pri-
ority in each correctional facility at the Federal and 
State levels; 
(4) increase the available data and information 
on the incidence of solitary confinement, con-
sequently improving the management and adminis-
tration of correctional facilities; 
(5) standardize the definitions used for col-
lecting data on the incidence of solitary confinement; 
(6) increase the accountability of correctional 
facility officials who fail to design and implement 
humane and constitutionally sound solitary confine-
ment practices; 
(7) protect the Eighth Amendment rights of in-
mates at correctional facilities; and 
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(8) reduce the costs that solitary confinement 
imposes on interstate commerce. 
SEC. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND 
REFORM COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Solitary Confinement 
Study and Reform Commission. 
(b) MEMBERS.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 9 members, of whom— 
(A) 3 shall be appointed by the President; 
(B) 2 shall be appointed by the Speaker of 
the House of Representatives, unless the Speak-
er is of the same party as the President, in 
which case 1 shall be appointed by the Speaker 
of the House of Representatives and 1 shall be 
appointed by the minority leader of the House 
of Representatives; 
(C) 1 shall be appointed by the minority 
leader of the House of Representatives (in addi-
tion to any appointment made under subpara-
graph (B)); 
(D) 2 shall be appointed by the majority 
leader of the Senate, unless the majority leader 
is of the same party as the President, in which 
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case 1 shall be appointed by the majority leader 
of the Senate and 1 shall be appointed by the 
minority leader of the Senate; and 
(E) 1 shall be appointed by the minority 
leader of the Senate (in addition to any ap-
pointment made under subparagraph (D)). 
(2) PERSONS ELIGIBLE.—Each member of the 
Commission shall be an individual who has knowl-
edge or expertise in matters to be studied by the 
Commission. 
(3) CONSULTATION REQUIRED.—The President, 
the Speaker and minority leader of the House of 
Representatives, and the majority leader and minor-
ity leader of the Senate shall consult with one an-
other prior to the appointment of the members of 
the Commission to achieve, to the maximum extent 
possible, fair and equitable representation of various 
points of view with respect to the matters to be 
studied by the Commission. 
(4) TERM.—Each member shall be appointed 
for the life of the Commission. 
(5) TIME
FOR
INITIAL
APPOINTMENTS.—The 
appointment of the members shall be made not later 
than 180 days after the date of enactment of this 
Act. 
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(6) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made, and shall be made not later 
than 60 days after the date on which the vacancy 
occurred. 
(c) OPERATION.— 
(1) CHAIRPERSON.—Not later than 15 days 
after appointments of all the members are made, the 
President shall appoint a chairperson for the Com-
mission from among its members. 
(2) MEETINGS.—The Commission shall meet at 
the call of the chairperson. The initial meeting of the 
Commission shall take place not later than 30 days 
after the initial appointment of the members is com-
pleted. 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum to con-
duct business, but the Commission may establish a 
lesser quorum for conducting hearings scheduled by 
the Commission. 
(4) RULES.—The Commission may establish by 
majority vote any other rules for the conduct of 
Commission business, if such rules are not incon-
sistent with this Act or other applicable law. 
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(d) COMPREHENSIVE STUDY OF THE IMPACTS OF 
SOLITARY CONFINEMENT.— 
(1) IN GENERAL.—The Commission shall carry 
out a comprehensive legal and factual study of the 
penological, physical, mental, medical, social, fiscal, 
and economic impacts of solitary confinement in the 
United States on— 
(A) Federal, State, and local governments; 
and 
(B) communities and social institutions 
generally, including individuals, families, and 
businesses within such communities and social 
institutions. 
(2) MATTERS
INCLUDED.—The study under 
paragraph (1) shall include— 
(A) a review of existing Federal, State, 
and local government policies and practices with 
respect to the extent and duration of the use of 
solitary confinement; 
(B) an assessment of the relationship be-
tween solitary confinement and correctional fa-
cility conditions, and existing monitoring, regu-
latory, and enforcement practices; 
(C) an assessment of the characteristics of 
prisoners and juvenile detainees most likely to 
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be referred to solitary confinement and the ef-
fectiveness of various types of treatment or pro-
grams to reduce such likelihood; 
(D) an assessment of the impacts of soli-
tary confinement on individuals, families, social 
institutions, and the economy generally; 
(E) an identification of additional scientific 
and social science research needed on the preva-
lence of solitary confinement in correctional fa-
cilities as well as a full assessment of existing 
literature; 
(F) an assessment of the general relation-
ship between solitary confinement and mental 
illness; 
(G) an assessment of the relationship be-
tween solitary confinement and levels of train-
ing, supervision, and discipline of the staff of 
correctional facilities; and 
(H) an assessment of existing Federal and 
State systems for collecting and reporting the 
number and duration of solitary confinement 
incidents in correctional facilities nationwide. 
(3) REPORT.— 
(A) DISTRIBUTION.—Not later than two 
years after the date of the initial meeting of the 
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Commission, the Commission shall submit a re-
port on the study carried out under this sub-
section to— 
(i) the President; 
(ii) the Congress; 
(iii) the Attorney General of the 
United States; 
(iv) the Secretary of Health and 
Human Services; 
(v) the Director of the Federal Bu-
reau of Prisons; 
(vi) the Administrator of the Office of 
Juvenile Justice and Delinquency Preven-
tion; 
(vii) the chief executive of each State; 
and 
(viii) the head of the department of 
corrections of each State. 
(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
(i) the findings and conclusions of the 
Commission; 
(ii) the recommended national stand-
ards for reducing the use of solitary con-
finement described in subsection (e); and 
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(iii) a summary of the materials relied 
on by the Commission in the preparation 
of the report. 
(e) RECOMMENDATIONS.— 
(1) IN GENERAL.—As part of the report sub-
mitted under subsection (d)(3), the Commission 
shall provide the Attorney General and the Secretary 
of Health and Human Services with recommended 
national standards for significantly reducing the use 
of solitary confinement in correctional facilities. 
(2) MATTERS
INCLUDED.—The information 
provided under paragraph (1) shall include rec-
ommended national standards relating to— 
(A) how authorities can progress toward 
significantly limiting the utilization of solitary 
confinement so that a prisoner or juvenile de-
tainee may be placed in solitary confinement 
only when the safety or security of the facility 
or another person is at imminent risk, during 
an ongoing disciplinary investigation concerning 
an adult prisoner, or to punish an adult pris-
oner for an extremely serious disciplinary in-
fraction; 
(B) methods that can be employed to en-
sure that the duration of solitary confinement 
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of a prisoner or juvenile detainee at an institu-
tion can be limited to fewer than 30 days in 
any 45-day period, except in a case in which the 
head of a correctional facility makes an individ-
ualized determination that prolonged solitary 
confinement of the prisoner or detainee for a 
serious disciplinary infraction is necessary for 
the order or security of the institution, or a 
prisoner or detainee requests such placement; 
(C) ensuring that prior to being classified, 
assigned, or subject to long-term solitary con-
finement, an adult prisoner shall be entitled to 
a meaningful hearing on the reason for and du-
ration of the confinement and have access to 
legal counsel for such hearings; 
(D) ensuring that indefinite sentencing of 
an adult prisoner to long-term solitary confine-
ment will not be allowed and that the prisoner 
will be afforded a meaningful review of the con-
finement at least once every 30 days that the 
prisoner remains in solitary confinement and 
that correctional facility officials must record 
and provide a transcript of the review pro-
ceedings for the prisoner under review to the 
prisoner or the prisoner’s designee; 
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(E) ensuring that correctional facility offi-
cials design and implement programming that 
allows adult prisoners subject to long-term soli-
tary confinement to earn placement in less re-
strictive housing through positive behavior; 
(F) limiting the use of involuntary solitary 
confinement for the purpose of protective cus-
tody solely because of a personal characteristic 
that makes the prisoner or juvenile detainee 
particularly vulnerable to harm, including age, 
gender identity, race, or religion; 
(G) ensuring that correctional facility offi-
cials improve access to mental health treatment 
for prisoners and juvenile detainees in solitary 
confinement; 
(H) ensuring that correctional facility offi-
cials work toward systems wherein prisoners 
and juvenile detainees diagnosed by a qualified 
mental health professional with a serious men-
tal illness are not held in long-term solitary 
confinement; 
(I) ensuring that correctional facility offi-
cials do all that is feasible to make certain that 
prisoners and juvenile detainees are not held in 
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solitary confinement for any duration, except 
under extreme emergency circumstances; 
(J) ensuring that correctional facility offi-
cials develop alternative methods to manage 
issues with prisoners and juvenile detainees 
other than solitary confinement; and 
(K) such other matters as may reasonably 
be related to the goal of reducing solitary con-
finement in correctional facilities. 
(3) LIMITATION.—The Commission shall not 
propose a recommended standard that would impose 
substantial additional costs compared to the costs 
presently expended by correctional facilities, and 
shall seek to propose standards that reduce the costs 
of incarceration at such facilities. 
(f) CONSULTATION WITH ACCREDITATION ORGANI-
ZATIONS.—In developing recommended national standards 
for the reduction of solitary confinement under subsection 
(e), the Commission shall consider any standards that 
have already been developed, or are being developed simul-
taneously to the deliberations of the Commission. The 
Commission shall consult with accreditation organizations 
responsible for the accreditation of correctional facilities 
that have developed or are developing standards related 
to solitary confinement. The Commission shall also consult 
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with national associations representing the corrections 
profession, the legal profession, the medical profession, or 
any other pertinent professional body that has developed 
or is developing standards related to solitary confinement. 
(g) HEARINGS.— 
(1) IN GENERAL.—The Commission shall hold 
public hearings. The Commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
Commission considers advisable to carry out its du-
ties under this section. 
(2) WITNESS EXPENSES.—Witnesses requested 
to appear before the Commission shall be paid the 
same fees as are paid to witnesses under section 
1821 of title 28, United States Code. The per diem 
and mileage allowances for witnesses shall be paid 
from funds appropriated to the Commission. 
(h) INFORMATION FROM FEDERAL OR STATE AGEN-
CIES.—The Commission may secure directly from any 
Federal department or agency such information as the 
Commission considers necessary to carry out its duties 
under this section. The Commission may request the head 
of any State or local department or agency to furnish such 
information to the Commission. 
(i) PERSONNEL MATTERS.— 
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(1) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of service for the Commission. 
(2) DETAIL OF FEDERAL EMPLOYEES.—With 
the affirmative vote of 2⁄3 of the Commission, any 
Federal Government employee, with the approval of 
the head of the appropriate Federal agency, may be 
detailed to the Commission without reimbursement, 
and such detail shall be without interruption or loss 
of civil service status, benefits, or privileges. 
(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—Upon the request of the Com-
mission, the Attorney General shall provide reason-
able and appropriate office space, supplies, and ad-
ministrative assistance. 
(j) CONTRACTS FOR RESEARCH.— 
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 
2⁄3 affirmative vote, the Commission may select non-
governmental researchers and experts to assist the 
Commission in carrying out its duties under this 
Act. The National Institute of Justice shall contract 
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with the researchers and experts selected by the 
Commission to provide funding in exchange for their 
services. 
(2) OTHER ORGANIZATIONS.—Nothing in this 
subsection shall be construed to limit the ability of 
the Commission to enter into contracts with other 
entities or organizations for research necessary to 
carry out the duties of the Commission under this 
section. 
(k) TERMINATION.—The Commission shall terminate 
on the date that is 60 days after the date on which the 
Commission submits the reports required by this section. 
(l) EXEMPTION.—The Commission shall be exempt 
from the Federal Advisory Committee Act. 
SEC. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 
(a) PUBLICATION OF STANDARDS.— 
(1) FINAL
RULE.—Not later than two years 
after receiving the report specified in section 
(3)(d)(3), the Attorney General shall publish a final 
rule adopting national standards for the reduction of 
solitary confinement in correctional facilities. 
(2) INDEPENDENT JUDGMENT.—The standards 
referred to in paragraph (1) shall be based upon the 
independent judgment of the Attorney General, after 
giving consideration to the recommended national 
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standards provided by the Commission under section 
3(e), and being informed by such data, opinions, and 
proposals that the Attorney General determines to 
be appropriate to consider. 
(3) LIMITATION.—The Attorney General shall 
not establish a national standard under this section 
that would impose substantial additional costs com-
pared to the costs presently expended by Federal 
and State correctional systems. The Attorney Gen-
eral may, however, provide a list of improvements 
for consideration by correctional facilities. 
(4) TRANSMISSION TO STATES.—Not later than 
90 days after publishing the final rule under para-
graph (1), the Attorney General shall transmit the 
national standards adopted under that paragraph to 
the chief executive of each State, the head of the de-
partment of corrections of each State, the head of 
the department of juvenile justice of each State, and 
to the appropriate authorities in those units of local 
government who oversee operations in one or more 
correctional facilities. 
(b) APPLICABILITY TO FEDERAL BUREAU OF PRIS-
ONS.—The national standards referred to in subsection 
(a) shall apply to the Federal Bureau of Prisons imme-
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diately upon adoption of the final rule under subsection 
(a)(1). 
(c) ELIGIBILITY FOR FEDERAL FUNDS.— 
(1) IN GENERAL.—Beginning in the second fis-
cal year that begins after the date on which the At-
torney General issues the final rule under subsection 
(a)(1), in order to be eligible to receive a grant 
under a program identified by the Attorney General 
under paragraph (2), the chief executive of a State 
or unit of local government seeking such a grant 
shall submit to the Attorney general a certification 
that the State or local government has adopted, and 
is in full compliance with the national standards de-
scribed in subsection (a)(1). 
(2) COVERED GRANT PROGRAMS.—The Attor-
ney General shall identify grant programs carried 
out by the Department of Justice which provide 
funding to States and units of local government for 
the construction, maintenance, or operation of cor-
rectional facilities, and make a list of such programs 
publicly available. 
SEC. 5. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
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(1) ATTORNEY GENERAL.—The term ‘‘Attorney 
General’’ means the Attorney General of the United 
States. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the National Solitary Confinement Study and 
Reform Commission established under section 3 of 
this Act. 
(3) LONG-TERM.—The term ‘‘long-term’’ means 
any period lasting more than 30 days, consecutive or 
nonconsecutive, in any 45-day period. 
(4) QUALIFIED
MENTAL
HEALTH
PROFES-
SIONAL.—The term ‘‘qualified mental health profes-
sional’’ means a psychiatrist, psychologist, psy-
chiatric social worker, licensed professional coun-
selor, psychiatric nurse, or another individual who, 
by virtue of education, credentials, and experience, is 
permitted by law to evaluate and provide mental 
health care. 
(5) SERIOUS MENTAL ILLNESS.—The term ‘‘se-
rious mental illness’’ means a substantial disorder 
that— 
(A) significantly impairs judgment, behav-
ior, or capacity to recognize reality or cope with 
the ordinary demands of life; and 
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(B) is manifested by substantial pain or 
disability, the status of being actively suicidal, 
a severe cognitive disorder that results in sig-
nificant functional impairment, or a severe per-
sonality disorder that results in significant 
functional impairment. 
(6) SOLITARY CONFINEMENT.—The term ‘‘soli-
tary confinement’’ means confinement of a prisoner 
or juvenile detainee in a cell or other place, alone or 
with other persons, for approximately 22 hours or 
more per day with severely restricted activity, move-
ment, and social interaction, which is separate from 
the general population of that correctional facility. 
(7) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ means a Federal, State, local, or 
privately run prison, jail, or juvenile detention facil-
ity. 
Æ 
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