I 
119TH CONGRESS 
1ST SESSION H. R. 4682 
To end the use of solitary confinement and other forms of restrictive housing 
in all Federal agencies and entities with which Federal agencies contract. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2025 
Ms. KAMLAGER-DOVE (for herself, Mr. ESPAILLAT, Ms. TLAIB, Mrs. WATSON 
COLEMAN, Ms. LEE of Pennsylvania, Ms. BALINT, Mrs. RAMIREZ, Ms. 
NORTON, Mr. JOHNSON of Georgia, Mr. JACKSON of Illinois, Mrs. 
MCIVER, Mr. FROST, Ms. STANSBURY, Ms. VELA´ZQUEZ, Ms. KELLY of 
Illinois, Mrs. CHERFILUS-MCCORMICK, Ms. GARCIA
of Texas, Ms. 
PRESSLEY, and Mr. GARCI´A of Illinois) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Oversight and Government Reform, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To end the use of solitary confinement and other forms 
of restrictive housing in all Federal agencies and entities 
with which Federal agencies contract. 
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 ‘‘End Solitary Confine-
ment Act’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) the use of solitary confinement as a carceral 
practice causes devastating harm and constitutes a 
form of torture; 
(2) solitary confinement of any length of time, 
measured in days or even hours, can cause self-muti-
lation, suicide, heart disease, anxiety, depression, 
psychosis, mental and physical deterioration, and a 
significantly heightened risk of death; 
(3) over 120,000 people are estimated to be in 
solitary confinement on any given day in Federal, 
State, local, and immigration detention facilities; 
(4) solitary confinement and other forms of re-
strictive housing and practices are disproportionately 
inflicted on Black, Latinx, Native, and other people 
of color, as well as transgender and gender noncon-
forming people, people with mental health needs, 
and young people; 
(5) survivors of solitary confinement often carry 
significant trauma and other physical and psycho-
logical harm with them for the rest of their lives; 
(6) solitary confinement has directly caused the 
deaths of far too many people and has increased vio-
lence and harm in prisons, detention facilities, and 
communities; 
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(7) solitary confinement derives from, and helps 
perpetuate, a horrific and brutal incarceration sys-
tem that is rooted in racism and focuses on extreme 
punishment and abuse, rather than on providing op-
portunities for growth, healing, redemption, and 
transformation; 
(8) the United States is an outlier among ad-
vanced democracies in the use of solitary confine-
ment; 
(9) evidence shows that out-of-cell, prosocial en-
gagement and programming increase safety, well- 
being, and reentry outcomes; 
(10) solitary confinement is expensive, and cost 
analyses at the Federal and State levels indicate 
that the elimination of solitary confinement would 
save taxpayers billions of dollars; and 
(11) solitary confinement is costly to taxpayers, 
does not make communities safer, jeopardizes the 
safety of incarcerated people and correctional staff, 
constitutes inhumane and degrading treatment, and 
has no place in a civilized society. 
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SEC. 3. ENDING SOLITARY CONFINEMENT AND ESTAB-
LISHING MINIMUM STANDARDS. 
(a) IN GENERAL.—Chapter 301 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 4015. Ending solitary confinement and establishing 
minimum standards 
‘‘(a) PROHIBITION ON THE USE OF SOLITARY CON-
FINEMENT AND ESTABLISHMENT OF MINIMUM STAND-
ARDS.— 
‘‘(1) 
IN
GENERAL.—Except 
in 
the 
cir-
cumstances described in paragraph (2)(B), a person 
incarcerated in a Federal facility may not be placed 
in solitary confinement. 
‘‘(2) MINIMUM STANDARDS FOR OUT-OF-CELL 
TIME AND MEANINGFUL HUMAN ENGAGEMENT.— 
‘‘(A) 
CONGREGATE
INTERACTION
RE-
QUIRED.—Except as provided in clauses (iii) 
and (iv) of subparagraph (B), all persons incar-
cerated in a Federal facility, regardless of hous-
ing unit or detention status, shall have access 
to not less than 14 hours per day of out-of-cell 
congregate interaction in a shared space, with-
out physical barriers, that is conducive to mean-
ingful group interaction, including access to— 
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‘‘(i) not less than 7 hours per day of 
structured out-of-cell, congregate program-
ming led by a staff member, incarcerated 
person, or community member, including 
access to educational, vocational, volunteer, 
mental health, violence prevention, alcohol 
and substance use treatment, financial, re-
ligious, and reentry programming; 
‘‘(ii) not less than 1 hour per day of 
out-of-cell congregate recreation; and 
‘‘(iii) other unstructured out-of-cell 
congregate activities, including time in a 
day room or equivalent space, meals, li-
brary and law library, legal visits, social 
and legal telephone calls, contact social vis-
itation without physical barriers, and per-
sonal property and commissary. 
‘‘(B) PROHIBITION ON SOLITARY CONFINE-
MENT.—A person incarcerated in a Federal fa-
cility may not be placed in solitary confinement 
unless such placement is necessary— 
‘‘(i) at night for count or sleep, not to 
exceed 8 hours in any 24-hour period; 
‘‘(ii) during the day for count or re-
quired facility business that can only be 
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carried out while a person incarcerated in 
a Federal facility is placed in a cell, not to 
exceed 2 hours during any 24-hour period; 
‘‘(iii) subject to subparagraphs (C) 
and (D), in an emergency situation as a 
last resort, only if necessary to de-escalate 
immediate circumstances that pose a spe-
cific and significant risk of imminent seri-
ous physical injury to the person, staff, or 
other incarcerated persons, and for as 
short a time as necessary to de-escalate 
such circumstances, not to exceed— 
‘‘(I) 4 hours total immediately 
following such emergency situation; 
‘‘(II) 4 hours total during any 
24-hour period; or 
‘‘(III) 12 hours total during any 
7-day period; or 
‘‘(iv) as part of a Federal agency- 
wide, Federal facility-wide, or partial Fed-
eral facility-wide lockdown, and— 
‘‘(I) only if a head of a Federal 
facility or Federal agency has deter-
mined the lockdown is necessary to 
de-escalate an emergency that involves 
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several incarcerated persons and poses 
a specific and significant risk of immi-
nent serious physical injury to the 
staff or incarcerated persons; 
‘‘(II) only when there are no less 
restrictive means to address an emer-
gency, as a last resort after exhaust-
ing less restrictive measures; 
‘‘(III) if the lockdown is confined 
to as narrow an area as possible and 
to as limited number of people as pos-
sible; and 
‘‘(IV) if the lockdown is reviewed 
every hour by the head of the Federal 
facility or Federal agency, with notifi-
cation provided to the Federal agency 
regional or field office, or equivalent 
office responsible for oversight of the 
Federal facility, beginning at the time 
the lockdown has lasted 2 hours, and 
is lifted as quickly as possible, pro-
vided that such lockdown shall not ex-
ceed— 
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‘‘(aa) 4 hours total from the 
time at which the lockdown 
starts; 
‘‘(bb) 4 hours total during 
any 24-hour period; or 
‘‘(cc) 12 hours total during 
any 7-day period. 
‘‘(C) 
DE-ESCALATION
AND
ENGAGE-
MENT.— 
‘‘(i) IN
GENERAL.—With respect to 
any placement pursuant to subparagraph 
(B)(iii), Federal facility staff shall meet 
with the incarcerated person not less fre-
quently than once per hour to attempt de- 
escalation, work toward the release of the 
person from such confinement, and deter-
mine whether it is necessary to continue to 
hold the person in such confinement, and 
with respect to any placement pursuant to 
clause (iii) or (iv) of subparagraph (B) or 
any placement pursuant to subparagraph 
(G), health care staff must conduct a thor-
ough medical, mental health, social, and 
behavioral assessment upon admission to 
such placement, conduct meaningful check- 
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ins every 15 minutes to engage with the 
person in custody, evaluate and treat any 
urgent health needs, and attempt de-esca-
lation. 
‘‘(ii) RELOCATION BY HEALTH CARE 
STAFF.—If health care staff determines an 
incarcerated person should be removed 
from solitary confinement for assessment 
or treatment purposes, or because of a 
negative impact of such confinement, the 
person shall be relocated to an appropriate 
setting as determined by health care staff. 
‘‘(iii) ASSESSMENT.— 
‘‘(I) IN GENERAL.—Health care 
staff must conduct a thorough med-
ical, mental health, social, and behav-
ioral assessment of any person who 
would have been placed in confine-
ment under subparagraph (B)(iii) but 
who is prohibited from such placement 
under subparagraph (D). 
‘‘(II) TREATMENT.—Health care 
staff shall subsequently treat any 
health needs identified in an assess-
ment conducted under subclause (I). 
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‘‘(D) PROHIBITION ON INVOLUNTARY CON-
FINEMENT.—No person may be involuntarily 
confined in a cell under subparagraph (B)(iii) 
who— 
‘‘(i) is 25 years of age or younger; 
‘‘(ii) is 55 years of age or older; 
‘‘(iii) has a disability, as defined in 
section 3 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12102); 
‘‘(iv) has any diagnosed mental health 
need; 
‘‘(v) is pregnant, in the first 12 weeks 
of the postpartum recovery period after 
giving birth, experiencing a miscarriage, or 
terminating a pregnancy, or longer if medi-
cally necessary, or caring for a child in a 
facility program; or 
‘‘(vi) has identified as, or is known or 
perceived by any facility staff to be, les-
bian, gay, bisexual, transgender, intersex, 
or gender nonconforming. 
‘‘(E) REQUIREMENTS FOR SEPARATION.— 
‘‘(i) IN GENERAL.—If a Federal facil-
ity determines that a person must be sepa-
rated from the general facility population, 
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including any placement in protective cus-
tody, for any reasons other than, or in a 
manner other than as provided under 
clauses (iii) and (iv) of subparagraph (B), 
such separation in an alternative unit 
must— 
‘‘(I) comply with— 
‘‘(aa) 
subparagraphs 
(A) 
and (F); and 
‘‘(bb) paragraphs (3), (4), 
and (5); and 
‘‘(II) provide appropriate, high 
quality medical assessment and care 
and provide access to out-of-cell, con-
gregate, trauma-informed, therapeutic 
programming aimed at promoting per-
sonal development, addressing under-
lying causes of problematic behavior 
resulting in the alternative unit place-
ment, and helping prepare for dis-
charge from the unit to the general 
population and to the community. 
‘‘(ii) ASSESSMENT.— 
‘‘(I) IN GENERAL.—Immediately 
upon placement in an alternative unit, 
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health care staff shall conduct a thor-
ough medical, mental health, social, 
and behavioral assessment and subse-
quently treat any health needs that 
result from such assessment. 
‘‘(II) 
COGNITIVE
IMPAIRMENT 
EVALUATION.—For a person who is 
aged 55 or over, and for any other 
person showing any signs of potential 
cognitive impairment, such assessment 
shall include an evaluation for cog-
nitive impairment. 
‘‘(F) PROHIBITION
ON
LIMITATION
OF 
SERVICES.—In all Federal facilities, the fol-
lowing may not be imposed as a form of punish-
ment, discipline, or for any other reason: 
‘‘(i) Limitation on services, program-
ming, treatment, contact visitation, phone 
calls, email, mail, or basic needs such as 
clothing, food, or bedding. 
‘‘(ii) Involuntary restricted diets or 
any other involuntary change in diet. 
‘‘(iii) Confiscation of approved per-
sonal property. 
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‘‘(G) SEPARATION
FOR
MEDICAL
PUR-
POSE.— 
‘‘(i) IN GENERAL.— 
‘‘(I) REQUIREMENT.—A person 
may be separated from the general fa-
cility population into an alternative 
unit for medical purposes, including 
medical quarantine, medical isolation, 
acute intoxication (while awaiting de-
toxification), and/or an acute psy-
chiatric crisis (such as acute psychosis 
awaiting optimization of psychiatric 
medication) but only if— 
‘‘(aa) necessary to address 
immediate, specific, and signifi-
cant risk of medical contagion or 
imminent serious physical injury 
to a person, staff, or other incar-
cerated persons; and 
‘‘(bb) done in a medical unit 
overseen by health care staff for 
as limited a time as medically 
necessary 
as 
determined 
by 
health care staff. 
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‘‘(II) ALTERNATIVE
UNIT
RE-
QUIREMENTS.—An 
alternative 
unit 
used under subclause (I) shall be re-
quired to— 
‘‘(aa) be located in the least 
restrictive environment that is 
medically appropriate; 
‘‘(bb) be in compliance with 
subparagraphs (A), (E), and (F) 
of this paragraph and paragraph 
(5) of this subsection; and 
‘‘(cc) provide comparable ac-
cess granted to persons incarcer-
ated in the general population to 
phone calls, emails, contact visits, 
time outdoors, access to reading 
materials, recreation, interactions 
with other incarcerated people, 
out-of-cell time, and program-
ming, all with medically appro-
priate modifications determined 
necessary by health care staff, 
such as maintaining physical dis-
tance determined appropriate by 
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health care staff during infec-
tious outbreaks. 
‘‘(ii) GENERAL REVIEW FOR MEDICAL 
NECESSITY.— 
‘‘(I) IN
GENERAL.—The lead 
health care professional at the Federal 
facility shall immediately review any 
such placement to determine whether 
or not the placement is medically nec-
essary and shall provide written au-
thorization of the placement, if medi-
cally necessary. 
‘‘(II) CONTENTS.—An authoriza-
tion under subclause (I) shall state— 
‘‘(aa) the length of time that 
the lead health care provider be-
lieves the medical quarantine or 
medical isolation shall last; and 
‘‘(bb) for persons placed in 
medical isolation due to acute 
psychiatric needs, the length of 
time the lead health care provider 
expects for the person to become 
stabilized, including stabilized on 
anti-psychotic medication. 
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‘‘(iii) REVIEW
FOR
PLACEMENT
OF 
MORE THAN 24 HOURS.— 
‘‘(I) IN GENERAL.—If any such 
placement lasts more than 24 hours, 
the lead health care professional of 
the relevant Federal agency shall re-
view the placement to determine 
whether or not the placement is medi-
cally necessary and shall provide writ-
ten authorization if the lead agency 
health care professional determines 
the placement to be medically nec-
essary. 
‘‘(II) 
CONTINUING
REVIEW.— 
The lead agency health care profes-
sional shall review the placement 
every 24 hours after the review con-
ducted under subclause (I) to deter-
mine if the continued placement is 
medically necessary and provide writ-
ten authorization every 24 hours after 
the review conducted under subclause 
(I) until the person is released from 
such placement or until the lead agen-
cy or facility-level health care profes-
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sional determines the placement is no 
longer necessary. 
‘‘(iv) CESSATION OF MEDICAL NECES-
SITY.—If, at any time, the lead facility- 
level health care professional or the lead 
agency-level health care professional deter-
mines that such placement is no longer 
medically necessary to address immediate 
circumstances that pose an immediate, spe-
cific, and significant risk of medical con-
tagion or imminent serious physical injury 
to a person, staff, or other incarcerated 
persons, the person shall be released from 
the placement. 
‘‘(v) DISCHARGE TO OUTSIDE COMMU-
NITY HOSPITALS.—If a Federal facility is 
unable to properly treat a person in quar-
antine or medical isolation, including med-
ical isolation for a person experiencing an 
acute psychiatric crisis without resorting to 
the use of solitary confinement beyond 
uses allowed under clause (i), or (ii) of 
subparagraph (B) or without complying 
with the requirements of an alternative 
unit, then the Federal facility shall dis-
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charge the person to an appropriate out-
side community hospital that can provide 
the requisite care. 
‘‘(3) DUE PROCESS REQUIREMENTS.— 
‘‘(A) HEARING REGULATIONS.— 
‘‘(i) IN GENERAL.—The reasons and 
procedures for placement in protective cus-
tody shall be subject to the regulations, 
rules, standards, and procedures (or any 
successors thereof) applicable to each Fed-
eral agency. 
‘‘(ii) REQUIREMENTS.—All hearings 
under regulations described in clause (i) 
shall comply with paragraph (4), and the 
conditions for all people in protective cus-
tody shall comply with— 
‘‘(I) subparagraphs (A), (E), and 
(F) of paragraph (2); and 
‘‘(II) paragraph (5). 
‘‘(B) REVIEW OF PLACEMENT.— 
‘‘(i) IN GENERAL.—The placement of 
an incarcerated person in an alternative 
unit shall be meaningfully reviewed not 
less than the first 15 days after placement 
in solitary confinement, and not less fre-
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quently than every 15 days thereafter, by 
a multidisciplinary team, including pro-
gram and health care staff, to determine 
whether the release of the incarcerated 
person to the general facility population 
continues to present a specific and signifi-
cant risk of imminent serious physical in-
jury to the person, staff, or other incarcer-
ated persons. 
‘‘(ii) NOTICE OF REASONS FOR DE-
TERMINATION.—If an incarcerated person 
is not discharged from an alternative unit 
at a review described under clause (i), the 
incarcerated person shall promptly receive 
in writing the reasons for the determina-
tion and the program, treatment, service, 
or corrective action required before dis-
charge. 
‘‘(iii) ACCESS
TO
SERVICES; 
DIS-
CHARGE.—Each incarcerated person shall 
be given access to the programs, treat-
ment, and services specified under sub-
paragraph (A), and shall be permitted to 
be discharged from an alternative unit if 
the person so chooses and does not engage 
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in behavior that presents a specific and 
significant risk of imminent serious phys-
ical injury to the person, staff, or other in-
carcerated persons during the subsequent 
15 days. 
‘‘(iv) DURATION.—Other than for 
purposes of protective custody, or upon 
written request by the person, no person 
may be held in an alternative unit for more 
than 60 days during any 6-month period. 
‘‘(C) NO PLACEMENT BASED ON PREVIOUS 
INCIDENT.—No person may be placed in an al-
ternative unit for an act or incident for which 
the person was previously placed in such unit. 
‘‘(4) PLACEMENT HEARINGS.— 
‘‘(A) 
PLACEMENT
IN
ALTERNATIVE 
UNIT.—Other than separation of persons in 
protective custody or for purposes of confine-
ment under clauses (iii) and (iv) of paragraph 
(2)(B) and paragraph (2)(G), no person incar-
cerated in a Federal facility may be placed in 
an alternative unit unless and until it is deter-
mined in writing following a placement hearing 
that clear and convincing evidence shows that 
the person committed 1 of the following acts at 
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the time placement is sought, and the specific 
circumstances of the acts were so heinous or de-
structive that placement of the person in gen-
eral facility housing creates a specific and sig-
nificant risk of imminent serious physical injury 
to staff or other incarcerated persons: 
‘‘(i) Causing or attempting to cause 
serious physical injury or death to another 
person. 
‘‘(ii) Compelling or attempting to 
compel another person, by force or threat 
of force, to engage in a sexual act. 
‘‘(iii) Leading, organizing, inciting, or 
attempting to cause a riot, or other simi-
larly serious disturbance that results in the 
taking of a hostage, major property dam-
age, or serious physical harm to another 
person. 
‘‘(iv) Escaping, attempting to escape 
or facilitating an escape from a Federal fa-
cility or escaping, attempting to escape, or 
facilitating an escape while under super-
vision outside the Federal facility. 
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‘‘(B) NEUTRAL
DECISION
MAKER
RE-
QUIRED.—Each placement hearing shall be con-
ducted by a neutral decision maker. 
‘‘(C) DEPARTMENT OF JUSTICE.—For all 
placement hearings involving placement in fa-
cilities operated by the Federal Bureau of Pris-
ons or facilities contracting with the Federal 
Bureau of Prisons or United States Marshals 
Service for incarcerating people in the care or 
custody of those facilities or entities, the neu-
tral decision maker shall be— 
‘‘(i) appointed by the Assistant Attor-
ney General for Civil Rights; 
‘‘(ii) employed by the Department of 
Justice; and 
‘‘(iii) independent of— 
‘‘(I) any division or unit within 
the Department of Justice that has 
people in its care or custody or en-
gages in any prosecuting activities; 
‘‘(II) any other Federal agency; 
and 
‘‘(III) any prosecuting entity. 
‘‘(D) DEPARTMENT OF HOMELAND SECU-
RITY.—For all placement hearings involving 
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placement in facilities operated by or con-
tracting with U.S. Immigration and Customs 
Enforcement, the Department of Homeland Se-
curity, or U.S. Customs and Border Protection 
for incarcerating people in the care or custody 
of those facilities or entities, the neutral deci-
sion maker shall be— 
‘‘(i) appointed by the Officer for Civil 
Rights and Civil Liberties; 
‘‘(ii) employed by the Department of 
Homeland Security; and 
‘‘(iii) independent of— 
‘‘(I) the Office for Civil Rights 
and Civil Liberties; 
‘‘(II) any division or unit within 
the Department of Homeland Security 
that has people in its care or custody 
or engages in any prosecuting activi-
ties; 
‘‘(III) any other Federal agency; 
and 
‘‘(IV) any prosecuting entity. 
‘‘(E) DEPARTMENT
OF
HEALTH
AND 
HUMAN SERVICES.—For all placement hearings 
involving placement in facilities operated by or 
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contracting with the Department of Health and 
Human Services for incarcerating people in the 
care or custody of those facilities or entities, the 
neutral decision maker shall be— 
‘‘(i) appointed by the Director of the 
Office for Civil Rights; 
‘‘(ii) employed by the Department of 
Health and Human Services; and 
‘‘(iii) independent of— 
‘‘(I) the Office for Civil Rights; 
‘‘(II) any division or unit within 
the 
Department 
of 
Health 
and 
Human Services that has people in its 
care or custody; 
‘‘(III) any other Federal agency; 
and 
‘‘(IV) any prosecuting entity. 
‘‘(F) EVIDENCE
PRESENTED.—At any 
placement hearing, the incarcerated person 
shall be permitted to offer documentary and 
testimonial evidence, cross-examine witnesses, 
and present any mitigating evidence, justifica-
tion evidence, or other relevant evidence helpful 
in aiding the defense of the incarcerated person. 
‘‘(G) REPRESENTATION.— 
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‘‘(i) IN GENERAL.—At such a hearing, 
the incarcerated person shall be permitted 
to— 
‘‘(I) engage in self-representa-
tion; or 
‘‘(II) be represented by any at-
torney, law student permitted to prac-
tice law, paralegal, community advo-
cate, or other incarcerated person cho-
sen by the person being represented. 
‘‘(ii) ASSISTANCE FOR REPRESENTA-
TION.—If a person does not have a rep-
resentative, the person shall be offered the 
assistance of a representative as follows: 
‘‘(I) DEPARTMENT
OF
JUSTICE 
PLACEMENT
HEARINGS.—For 
all 
placement hearings described in sub-
paragraph (C), if an incarcerated per-
son does not select a representative, 
an appointed representative shall be— 
‘‘(aa) selected by the Assist-
ant Attorney General for Civil 
Rights; 
‘‘(bb) employed by the De-
partment of Justice; and 
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‘‘(cc) independent of— 
‘‘(AA) the Office for 
Civil Rights; 
‘‘(BB) any division or 
unit within the Department 
of Health and Human Serv-
ices that has people in its 
care or custody; 
‘‘(CC) any other Fed-
eral agency; and 
‘‘(DD) any prosecuting 
entity. 
‘‘(H) NOTICE.— 
‘‘(i) IN GENERAL.—Not less than 2 
days prior to any placement hearing under 
this paragraph, both the incarcerated per-
son and the chosen representative of the 
incarcerated person shall be provided de-
tailed written notice of the reason for pro-
posed placement in an alternative unit, in-
cluding all relevant evidence, during which 
time the person may not, other than for 
purposes of protective custody, be placed in 
such alternative unit. 
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‘‘(ii) TIME TO PREPARE.—The incar-
cerated person and the chosen representa-
tive shall be provided adequate time to pre-
pare for such hearings and afforded ad-
journments as appropriate. 
‘‘(iii) REFUSAL TO ATTEND.—Any re-
fusal by an incarcerated person to attend 
such hearings shall be videotaped and 
made part of the evidentiary record that 
shall be maintained by the relevant Federal 
agency. 
‘‘(iv) FAILURE TO COMPLY.—Failure 
to provide the notice described in clause (i) 
or to enter into the record videotaped evi-
dence of an alleged refusal to attend by an 
incarcerated person shall constitute a basis 
for resolving the hearing in the favor of 
the incarcerated person. 
‘‘(I) WRITTEN DETERMINATION.— 
‘‘(i) IN GENERAL.—Not later than 5 
business days after the conclusion of the 
placement hearing, the neutral decision 
maker shall issue a written determination. 
‘‘(ii) CLEAR
AND
CONVINCING
EVI-
DENCE.—Any finding that an incarcerated 
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person meets the criteria of placement in 
an alternative unit under subparagraph 
(A) shall be supported by clear and con-
vincing evidence. 
‘‘(iii) CONTENTS.—The determination 
shall specify the finding, a summary of the 
testimony of each witness and an expla-
nation of whether the testimony was cred-
ited or rejected, the evidence relied upon in 
reaching the finding, and the placement 
imposed, if any. 
‘‘(iv) NOTICE OF DETERMINATION.— 
Not later than 24 hours after issuance of 
the determination, a copy of the deter-
mination shall be provided to the incarcer-
ated person and the chosen representative 
of the incarcerated person. 
‘‘(5) USE OF RESTRAINTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) through (E), no person in-
carcerated in a Federal facility shall be placed 
in restraints. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply if facility staff make an individ-
ualized determination at the time of, or imme-
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diately following, an incident precipitating 
placement in restraints that such restraints are 
necessary to prevent a specific and significant 
risk of imminent serious physical injury to the 
person, other incarcerated persons, or staff 
based on concrete evidence of such risk. 
‘‘(C) LEAST
RESTRICTIVE
FORM.—If re-
straints are used pursuant to subsection (B), 
the least restrictive form of restraints shall be 
used for no longer than necessary to abate such 
specific and significant risk of imminent serious 
physical injury, and in no circumstances shall 
continue beyond 4 hours unless a supervisory 
medical provider determines that such re-
straints are necessary to prevent such risk. 
‘‘(D) PLACEMENT HEARING REQUIRED.— 
‘‘(i) IN
GENERAL.—Restraints shall 
not be used on the same person on con-
secutive days unless a placement hearing 
with protections established under para-
graphs (3) and (4) establishes such re-
straints are necessary to prevent a specific 
and significant risk of imminent serious 
physical injury to the incarcerated person, 
other incarcerated persons, or staff based 
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on concrete evidence of such risk, and sub-
ject to the same limitations each day as set 
forth in this paragraph. 
‘‘(ii) LIMITATIONS.—Any repeated use 
of restraints approved at such a due proc-
ess hearing shall be no longer than 3 days, 
subject to the same limitations each day as 
set forth in this paragraph, meaningfully 
reviewed by a supervisory medical provider 
at least daily, and discontinued once re-
straints are no longer necessary to prevent 
a specific and significant risk of imminent 
serious physical injury to the person, other 
incarcerated persons, or staff. 
‘‘(E) SUBSEQUENT USE OF RESTRAINTS.— 
Once an approved use of restraints has been 
discontinued, any subsequent use of restraints 
on that person shall only be permitted to ad-
dress a new incident and upon the same re-
quirements under this paragraph. 
‘‘(6) SPECIAL
ADMINISTRATIVE
MEASURES.— 
No Federal facility may use special administrative 
measures. 
‘‘(b) REPORT REQUIRED.—Not later than 15 days 
after the end of each quarter of the fiscal year, each Fed-
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eral agency shall report on the website of the Federal 
agency the following: 
‘‘(1) The total number of incidents at each fa-
cility operated by the Federal agency during the pre-
ceding quarter of self-harm, suicide attempts, and 
suicide, disaggregated by race, age, gender identity, 
documented mental health status, documented dis-
ability, pregnancy or postpartum status, identifica-
tion as lesbian, gay, bisexual, transgender, intersex, 
or gender nonconforming, type of housing unit in-
cluding confinement under clause (iii) or (iv) of sub-
section (a)(2)(B), any alternative units under sub-
paragraph (E) or (G) of subsection (a)(2), and 
length of time in such housing unit. 
‘‘(2) The total number of placements at each 
facility during the preceding quarter, separately list-
ed, in confinement under clauses (iii) and (iv) of 
subsection (a)(2)(B), in protective custody under 
subsection (a)(2)(E), and in any alternative units 
under subparagraphs (E) and (G) of subsection 
(a)(2) during that quarter. 
‘‘(3) The total number of people at each facility 
on the last day of each quarter, separately listed, in 
confinement under clauses (iii) and (iv) of subsection 
(a)(2)(B), in protective custody under subsection 
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(a)(2)(E), in any other alternative unit under sub-
section (a)(2)(E), and in any alternative unit under 
subsection (a)(2)(G), disaggregated by race, age, 
gender identity, documented mental health status, 
documented disability, pregnancy or postpartum sta-
tus, 
identification 
as 
lesbian, 
gay, 
bisexual, 
transgender, intersex, or gender nonconforming, and 
reason for placement. 
‘‘(4) The total number of placements at each 
facility during the preceding quarter, separately list-
ed, for which confinement under clauses (iii) and 
(iv) of subsection (a)(2)(B) lasted for less than 1 
hour, between 1 and 2 hours, between 2 and 3 
hours, between 3 and 4 hours, and for longer than 
4 hours, with a listing of the length of time of each 
placement that exceeded 4 hours. 
‘‘(5) The total number of people at each facility 
who had reached a total period of time during the 
preceding quarter, separately listed, in protective 
custody under subsection (a)(2)(E), in any other al-
ternative unit under subsection (a)(2)(E), and in 
any alternative unit under subsection (a)(2)(G) of 
less than 7 days, between 8 days and 15 days, be-
tween 16 days and 30 days, between 31 days and 45 
days, between 46 days and 60 days, and for longer 
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than 60 days, with a listing of the length of time of 
each person who had reached a period of time dur-
ing the preceding quarter that exceeded a total of 60 
days in such confinement or housing. 
‘‘(c) PRIVATE CAUSE OF ACTION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CIVIL
ACTION
FOR
INJURY.—Any 
person who is injured by a violation of sub-
section (a) may bring a civil action in the ap-
propriate United States district court against 
any person, entity, or any other relevant party 
who violated such subsection for declaratory 
and injunctive relief, including directing the clo-
sure of the facility, building, or unit where the 
violation took place if that facility, building, or 
unit is in repeated and systemic noncompliance 
with this section, and for such money damages 
as the court determines appropriate, including 
for emotional pain and suffering. 
‘‘(B) ADDITIONAL AWARDS.—In an action 
filed under subparagraph (A), the court may, in 
addition to any other relief awarded under that 
subparagraph, award reasonable attorney’s fees 
and costs of the action to a prevailing plaintiff. 
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‘‘(2) 
NO
LIABILITY
FOR
CERTAIN 
LOCKDOWNS.— 
‘‘(A) IN
GENERAL.—No Federal agency 
shall be liable for a Federal agency-wide, facil-
ity-wide, or partial facility-wide lockdown that 
exceeded the 4-hour limit under subsection 
(a)(2)(B)(iv) if the agency can demonstrate 
that— 
‘‘(i) the lockdown, and the length of 
the time of the lockdown, was necessary to 
address unexpected, extraordinary cir-
cumstances involving the detonation of an 
explosive device, an acute mass contamina-
tion or contagion situation, a violent riot, 
revolt, or insurrection involving a large 
number of people that resulted in the tak-
ing of a hostage, major property damage, 
or serious physical harm to a person, or 
other similar emergency of the same mag-
nitude involving a large group of people; 
‘‘(ii) the head of facility who author-
ized the lockdown complied with all notifi-
cation requirements, and received approval 
from the agency regional or field office, or 
equivalent office responsible for oversight 
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of the facility, at the time the lockdown 
lasted longer than 4 hours; 
‘‘(iii) the head of the applicable Fed-
eral agency approved of the lockdown if 
the lockdown exceeded 8 hours and the ap-
proval occurred at that time; 
‘‘(iv) the lockdown was ended as 
quickly as possible, did not last longer than 
necessary to address the unexpected, ex-
traordinary circumstances, and did not ex-
ceed 24 hours; and 
‘‘(v) the lockdown was not used as a 
substitute for medical isolation or quar-
antine nor individual lock-ins pursuant to 
subsections 
(a)(2)(B)(iii) 
and 
(a)(2)(B)(iv), nor as a way to circumvent 
the time limits or protections for people 
held under those subsections. 
‘‘(B) CIVIL ACTION FOR CONSTITUTIONAL 
VIOLATION.— 
‘‘(i) IN GENERAL.—Any person who is 
injured by a violation of the Constitution 
of the United States by a Federal official 
or person contracting with a Federal agen-
cy in a Federal facility may bring a civil 
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action in the appropriate United States 
district court against any person, entity, or 
relevant party who violated such constitu-
tional provision for declaratory and injunc-
tive relief, including directing the closure 
of the facility, building, or unit where the 
violation took place, and for such money 
damages as the court determines appro-
priate, including for emotional pain and 
suffering. 
‘‘(ii) ADDITIONAL
AWARDS.—In an 
action filed under subparagraph (A), the 
court may, in addition to any other relief 
awarded under that subparagraph, award 
reasonable attorney’s fees and costs of the 
action to a prevailing plaintiff.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for chapter 301 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 4014 the 
following: 
‘‘4015. Ending solitary confinement and establishing minimum standards.’’. 
SEC. 4. OVERSIGHT. 
(a) COMMUNITY MONITORING BODY.— 
(1) IN
GENERAL.—Chapter 301 of title 18, 
United States Code, as amended by section 3 of this 
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Act, is further amended by adding at the end the 
following: 
‘‘§ 4016. Oversight 
‘‘(a) COMMUNITY MONITORING BODY.—Not later 
than 90 days after the date of enactment of this section, 
the Attorney General, in consultation with the Assistant 
Attorney General for Civil Rights of the Department of 
Justice, Officer for Civil Rights and Civil Liberties of the 
Department of Homeland Security, and Director of the 
Office for Civil Rights of the Department of Health and 
Human Services, shall establish a community monitoring 
body that shall operate independently of the Attorney Gen-
eral and of any other unit or division within the Depart-
ment of Justice or any other Federal agency. 
‘‘(b) APPOINTMENT.—The Attorney General, in con-
sultation with the Assistant Attorney General for Civil 
Rights of the Department of Justice, Officer for Civil 
Rights and Civil Liberties of the Department of Homeland 
Security, and Director of the Office for Civil Rights of 
the Department of Health and Human Services, and after 
obtaining input and recommendations from community or-
ganizations that provide educational services and legal 
support to incarcerated persons or otherwise advocate for 
the rights of incarcerated people and an end to solitary 
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confinement, shall appoint not less than 15 people to serve 
as members of the community monitoring body. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—Each member of the com-
munity monitoring body shall be an individual 
who— 
‘‘(A) has survived solitary confinement— 
‘‘(B) has had loved ones who have experi-
enced solitary confinement or lost loved ones 
because of solitary confinement; 
‘‘(C) is a faith leader, medical or mental 
health professional; or 
‘‘(D) is a civil rights or human rights ad-
vocate. 
‘‘(2) PRIOR EXPERIENCE.—Each member of the 
community monitoring body shall have experience 
engaging in advocacy, service provision, or program 
operation aimed at enhancing the rights and treat-
ment of incarcerated persons. 
‘‘(3) REQUIREMENTS RELATING TO PRIOR EX-
PERIENCES.— 
‘‘(A) IN GENERAL.—The community moni-
toring body shall include members with the fol-
lowing experience: 
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‘‘(i) Not less than 1⁄2 of the members 
of the community monitoring body shall be 
individuals who were incarcerated or have 
had family members incarcerated. 
‘‘(ii) Not fewer than 2 members of the 
community monitoring body shall have ex-
perience working with children from a 
trauma-sensitive approach. 
‘‘(iii) Not fewer than 2 members of 
the community monitoring body shall have 
personal or professional experience with 
immigration detention. 
‘‘(iv) Not fewer than 2 members of 
the community monitoring body shall have 
personal or professional experience with in-
carceration in adult prisons or jails. 
‘‘(B) LIMITATIONS
ON
WORKING
WITH 
CHILDREN.—Only members of the community 
monitoring body with expertise in working with 
children in a trauma-sensitive manner shall 
interview children in the custody of the Office 
of Refugee Resettlement. 
‘‘(d) MEMBERSHIP TERM.—Each member of the 
community monitoring body shall be appointed for a term 
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of 5 years, with the possibility of 1 reappointment by the 
Attorney General for a total of 10 years. 
‘‘(e) REIMBURSEMENT.—Each member shall be reim-
bursed by the Department of Justice for any per diem ex-
penses of the member in connection with service on the 
community monitoring body. 
‘‘(f) ASSISTANCE.—The community monitoring body 
shall have the ability to designate any person to assist the 
work of the community monitoring body. 
‘‘(g) ACCESS.—Notwithstanding any other provision 
of law, the community monitoring body and its designees 
shall have the ability to make unannounced visits to Fed-
eral agencies and Federal facilities, and have access to 
every area of every Federal facility and all nonclassified, 
nonprivileged data from every Federal agency. 
‘‘(h) IN-PERSON INTERVIEWS.— 
‘‘(1) IN GENERAL.—The community monitoring 
body and its designees shall have the ability to con-
duct in-person interviews and correspond and com-
municate with incarcerated persons and Federal 
agency and Federal facility staff freely, privately, 
and confidentially, upon consent of the incarcerated 
person or staff, respectively. 
‘‘(2) CONSENT TO INTERVIEWS.— 
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‘‘(A) IN
GENERAL.—All applicable laws, 
regulations, rules and other protections regard-
ing a person providing free, voluntary, and in-
formed consent, including for children, incarcer-
ated persons, and more generally, and including 
protections related to the need for parental con-
sent or consent of counsel, shall apply to con-
sent to being interviewed by the community 
monitoring body. 
‘‘(B) OFFICE
OF
REFUGEE
RESETTLE-
MENT.—With respect to persons in the custody 
of the Office of Refugee Resettlement, the com-
munity monitoring body shall only interview 
such a person if the person, the person’s ap-
pointed child advocate, if the person has a child 
advocate, and the person’s attorney, if the per-
son has an attorney, consent to the interview. 
‘‘(C) APPLICATION.—Nothing in this para-
graph shall be used by a Federal agency to im-
pede the ability of the community monitoring 
body to conduct any interview with an incarcer-
ated person who consents to such an interview. 
‘‘(3) CONSULTATION
RELATING
TO
TRAUMA- 
SENSITIVE ENGAGEMENT.— 
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‘‘(A) IN GENERAL.—Members of the com-
munity monitoring body shall consult with com-
munity experts on trauma-sensitive engagement 
with detained children and adults to develop 
protocols for how the members of the commu-
nity monitoring body will conduct monitoring 
activities in a manner that— 
‘‘(i) is trauma-sensitive; 
‘‘(ii) provides the greatest protection 
possible for the safety and psychological 
well-being of people in custody; 
‘‘(iii) offers options for people in cus-
tody coping with any distress or re-trau-
matization resulting from monitoring ac-
tivities; 
‘‘(iv) provides people in custody with a 
sense of agency in the monitoring process; 
and 
‘‘(v) accounts for related consider-
ations. 
‘‘(B) DEVELOPMENT
AND
REVIEW.—The 
community monitoring body shall— 
‘‘(i) develop the protocols described in 
subparagraph (A) based on the existing 
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body of literature relating to trauma-sen-
sitive engagement; and 
‘‘(ii) have experts and the general 
publicly review and provide feedback on 
the protocols described in subparagraph 
(A) before the protocols are finalized. 
‘‘(4) NOTES, RECORDINGS, AND RECORDS.— 
‘‘(A) USE.—All notes, recordings, and 
records of any interviews conducted by the com-
munity monitoring body shall be used solely for 
the purposes of the community monitoring 
body. 
‘‘(B) PROHIBITION.—No information con-
tained in notes, recordings, and records of any 
interviews conducted by the community moni-
toring body identifying a specific person who 
was interviewed by the community monitoring 
body may ever be— 
‘‘(i) disclosed under any circumstance 
without the free, voluntary, and informed 
consent of that person for purposes of 
seeking immediate relief for that person; or 
‘‘(ii) used in any form of proceeding 
involving the immigration status of that 
person, a credibility determinations or 
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criminal prosecution or appeal relating to 
that person, or any other related type of 
proceeding. 
‘‘(i) MEETINGS.—Administrators of each Federal 
agency and Federal facility shall meet privately with the 
community monitoring body or its designees upon request. 
‘‘(j) COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—All persons incarcerated in 
Federal facilities shall have the right and access to 
confidentially communicate with the community 
monitoring body and its designees, including while 
the community monitoring body or its designees are 
at a Federal facility and through free phone calls, 
free mail correspondence, and free email correspond-
ence. 
‘‘(2) CONFIDENTIALITY.—Communications de-
scribed in paragraph (1) shall be afforded the same 
levels of protection, confidentiality, and privilege as 
attorney-client correspondence. 
‘‘(3) RETALIATION.—No person shall face any 
form of retaliation or adverse impact for having con-
tact with, or being perceived to have had contact 
with, the community monitoring body or its des-
ignees. 
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‘‘(4) COMPLAINTS.—An incarcerated person 
shall not be required to raise a complaint with the 
community monitoring body before seeking other 
remedies in connection with that complaint. 
‘‘(k) ELECTRONIC
EQUIPMENT.—The community 
monitoring body and its designees shall have the right to 
bring and use electronic equipment in any Federal facility, 
including video cameras, photographic cameras, audio re-
cording devices, mobile telephones, computers, and tablets, 
for the purposes of recording, documentation, administra-
tion of surveys, and other related purposes. 
‘‘(l) ACCESS TO CERTAIN INFORMATION.— 
‘‘(1) IN GENERAL.—The community monitoring 
body and its designees shall have the right to re-
ceive, access, inspect, and copy all relevant non-clas-
sified, non-privileged information, records, and docu-
ments in the possession or control of any Federal fa-
cility, Federal agency, or employee of any Federal 
facility or Federal agency. 
‘‘(2) REQUIRED DELIVERY DATE.— 
‘‘(A) GENERAL
DELIVERY
DATE.—The 
community monitoring body and its designees 
shall receive any records requested under para-
graph (1) not later than 7 days after the date 
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of request to the head of a Federal facility or 
Federal agency. 
‘‘(B) EXPEDITED DELIVERY.—In a situa-
tion in which the records requested under para-
graph (1) by the community monitoring body or 
its designees pertain to a death of an incarcer-
ated person, threats of bodily harm including 
sexual or physical assaults, or the denial of nec-
essary medical treatment, the records shall be 
provided not later than 48 hours after the date 
of the request unless members of the commu-
nity monitoring body or their designees consent 
to an extension of the deadline. 
‘‘(m) RECOMMENDATIONS.— 
‘‘(1) IN GENERAL.—The community monitoring 
body may make periodic recommendations to any 
Federal agency or Federal facility, as well as to the 
President, Attorney General, Secretary of Homeland 
Security, Secretary of Health and Human Services, 
Committee on the Judiciary of the House of Rep-
resentatives, Committee on Oversight and Govern-
ment Reform of the House of Representatives, Com-
mittee on the Judiciary of the Senate, Committee on 
Homeland Security and Governmental Affairs of the 
Senate, and other Government entities. 
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‘‘(2) REMEDIAL ACTION PLANS.—For any rec-
ommendations made by the community monitoring 
body to each Federal agency or Federal facility, such 
agency or facility shall— 
‘‘(A) report to the community monitoring 
body not later than 90 days after receipt of the 
recommendations as to whether the agency or 
facility has designed and implemented a reme-
dial action plan to address the recommenda-
tions; and 
‘‘(B) transmit any such remedial action 
plan to the community monitoring body. 
‘‘(3) PUBLICATION.—The community moni-
toring body may publish its findings and rec-
ommendations on its website that the community 
monitoring body shall establish. 
‘‘(n) ACCESS FOR CERTAIN PERSONS.—Representa-
tives of the news media, public defenders, representatives 
of the Legal Orientation Program of the Department of 
Justice, elected Federal, State, and local representatives, 
and their designees, shall have the ability to— 
‘‘(1) make unannounced visits to Federal agen-
cies and Federal facilities and access every area of 
every Federal facility, except that— 
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‘‘(A) access to enter the cell of a person in-
carcerated in the Federal facility shall only be 
granted with the consent of the person housed 
in that cell; and 
‘‘(B) access to enter a bathroom or shower 
area shall only be allowed when such area is un-
occupied by persons incarcerated in the Federal 
facility; 
‘‘(2) receive in a timely manner, pursuant to 
section 552 of title 5, or any successor thereto, all 
requested data from every Federal agency that has 
persons in its care or custody; and 
‘‘(3) correspond with and interview, with the 
ability to take notes and use electronic and other re-
cording devices, incarcerated persons freely, pri-
vately, and confidentially upon the consent of the in-
carcerated persons. 
‘‘(o) INSPECTORS GENERAL.—Nothing in this section 
shall be construed to modify, supersede, or otherwise af-
fect the authority of any Inspector General to access all 
records, reports, audits, reviews, documents, papers, rec-
ommendations, or other materials, as authorized by law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 301 of title 18, United States 
Code, is amended by inserting after the item relating 
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