I 
116TH CONGRESS 
1ST SESSION H. R. 4488 
To develop and implement national standards for the use of solitary 
confinement in correctional facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2019 
Mr. RICHMOND (for himself and Mr. WALKER) 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 2019’’. 
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 
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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 
(8) reduce the costs that solitary confinement 
imposes on interstate commerce. 
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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 
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 
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(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 the minority leader of the House 
of Representatives, and the majority leader and mi-
nority 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. 
(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 
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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. 
(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 
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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 
be referred to solitary confinement and the ef-
fectiveness of various types of treatment or pro-
grams to reduce such likelihood; 
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(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 may be placed 
in solitary confinement only under extreme 
emergency circumstances, as a last resort, for 
as short a time as possible, subject to inde-
pendent review, and pursuant to the authoriza-
tion of a competent authority; 
(B) methods that can be employed to en-
sure that the duration of solitary confinement 
of a prisoner at an institution can be limited to 
no more than 15 consecutive days in a 60-day 
period, except that if the head of a correctional 
facility makes an individualized determination 
that the prisoner cannot be safely returned to 
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the general population, the head of the correc-
tional facility may continue to segregate the 
prisoner from the general population without 
the use of solitary confinement and in accord-
ance with the United Nations Standard Min-
imum Rules on the Treatment of Prisoners; 
(C) ensuring that prior to being classified, 
assigned, or subject to long-term segregation, a 
prisoner shall be entitled to a meaningful hear-
ing on the reason for and duration of the con-
finement and have access to legal counsel for 
such hearings; 
(D) ensuring that indefinite sentencing of 
a prisoner to long-term segregation will not be 
allowed and that the prisoner will be afforded 
a meaningful review of the segregation at least 
once every 30 days that the prisoner remains in 
segregation and that correctional facility offi-
cials must record and provide a transcript of 
the review proceedings for the prisoner under 
review to the prisoner or the prisoner’s des-
ignee; 
(E) ensuring that correctional facility offi-
cials design and implement programming that 
allows prisoners subject to long-term segrega-
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tion to earn placement in less restrictive hous-
ing through positive behavior; 
(F) ensuring that protective custody and 
other custody designations designed to protect 
vulnerable prisoners, regardless of the reason 
for vulnerability, are not characterized by soli-
tary confinement or other type of isolation con-
ditions, and that prisoners placed in protective 
custody have access to programs, privileges, 
education, and work opportunities commensu-
rate with general population prisoners to the 
extent possible; 
(G) ensuring that correctional facility offi-
cials improve access to mental health treatment 
for prisoners in solitary confinement; 
(H) ensuring that correctional facility offi-
cials work toward systems wherein prisoners di-
agnosed by a qualified mental health profes-
sional with a serious mental 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 are not held in solitary confinement 
for any duration; 
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(J) ensuring that correctional facility offi-
cials develop alternative methods to manage 
issues with prisoners other than solitary con-
finement; 
(K) ensuring that correctional facility offi-
cers do all that is feasible to make certain that 
prisoners with mental health, physical, or cog-
nitive disabilities are not held in solitary con-
finement for any duration; 
(L) ensuring that correctional facility offi-
cers do all that is feasible to make certain that 
pregnant and post-partum women are not held 
in solitary confinement for any duration; 
(M) ensuring that correctional facility offi-
cers work towards systems that limit the cir-
cumstances and conditions under which juve-
niles are placed in solitary confinement, in com-
pliance with section 5043 of title 18, United 
States Code; and 
(N) 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 
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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 
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. 
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(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.— 
(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 
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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 
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. 
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(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 
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-
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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-
diately upon adoption of the final rule under subsection 
(a)(1). 
(c) EDWARD BYRNE MEMORIAL JUSTICE ASSIST-
ANCE GRANT PROGRAM FUNDING REDUCTION.—Begin-
ning in the second fiscal year that begins after the date 
on which the Attorney General issues the final rule under 
subsection (a)(1), in the case of a State or unit of local 
government that is not in compliance with the national 
standards described in subsection (a)(1), the Attorney 
General shall reduce by 5 percent the amount that such 
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State or unit of local government would otherwise receive 
under subpart 1 of part E of the Omnibus Crime and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.). 
SEC. 5. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(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 15 consecutive days in 
a 60-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. 
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(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 
(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) SEGREGATION.—The term ‘‘segregation’’ 
means housing of a prisoner separate from the gen-
eral population of a correctional facility in which 
movement, activity, and social interaction may be re-
stricted. 
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