I 
115TH CONGRESS 
1ST SESSION 
H. R. 901 
To place restrictions on the use of solitary confinement for juveniles in 
Federal custody. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Mr. CUMMINGS (for himself, Mrs. LOVE, Mr. CONYERS, Ms. JACKSON LEE, 
Mr. SEAN PATRICK MALONEY of New York, Ms. BASS, and Mr. LAB-
RADOR) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To place restrictions on the use of solitary confinement for 
juveniles in Federal custody. 
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 ‘‘Maintaining dignity 
and Eliminating unnecessary Restrictive Confinement of 
Youths Act of 2017’’ or the ‘‘MERCY Act’’. 
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SEC. 2. JUVENILE SOLITARY CONFINEMENT. 
(a) IN GENERAL.—Chapter 403 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 5043. Juvenile solitary confinement 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered juvenile’ means— 
‘‘(A) a juvenile who— 
‘‘(i) is being proceeded against under 
this chapter for an alleged act of juvenile 
delinquency; or 
‘‘(ii) has been adjudicated delinquent 
under this chapter; or 
‘‘(B) a juvenile who is being proceeded 
against as an adult in a district court of the 
United States for an alleged criminal offense; 
‘‘(2) the term ‘juvenile facility’ means any facil-
ity where covered juveniles are— 
‘‘(A) committed pursuant to an adjudica-
tion of delinquency under this chapter; or 
‘‘(B) detained prior to disposition or con-
viction; and 
‘‘(3) the term ‘room confinement’ means the in-
voluntary placement of a covered juvenile alone in a 
cell, room, or other area for any reason. 
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‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU-
VENILE FACILITIES.— 
‘‘(1) IN GENERAL.—The use of room confine-
ment at a juvenile facility for discipline, punishment, 
retaliation, or any reason other than as a temporary 
response to a covered juvenile’s behavior that poses 
a serious and immediate risk of physical harm to 
any individual, including the covered juvenile, is pro-
hibited. 
‘‘(2) JUVENILES POSING RISK OF HARM.— 
‘‘(A) REQUIREMENT
TO
USE
LEAST
RE-
STRICTIVE TECHNIQUES.— 
‘‘(i) IN
GENERAL.—Before a staff 
member of a juvenile facility places a cov-
ered juvenile in room confinement, the 
staff member shall attempt to use less re-
strictive techniques, including— 
‘‘(I) talking with the covered ju-
venile in an attempt to de-escalate the 
situation; and 
‘‘(II) permitting a qualified men-
tal health professional, or a staff 
member who has received training in 
de-escalation techniques and trauma- 
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informed care, to talk to the covered 
juvenile. 
‘‘(ii) EXPLANATION.—If, after at-
tempting to use less restrictive techniques 
as required under clause (i), a staff mem-
ber of a juvenile facility decides to place a 
covered juvenile in room confinement, the 
staff member shall first— 
‘‘(I) explain to the covered juve-
nile the reasons for the room confine-
ment; and 
‘‘(II) inform the covered juvenile 
that release from room confinement 
will occur— 
‘‘(aa) immediately when the 
covered juvenile regains self-con-
trol, as described in subpara-
graph (B)(i); or 
‘‘(bb) not later than after 
the expiration of the time period 
described in subclause (I) or (II) 
of subparagraph (B)(ii), as appli-
cable. 
‘‘(B) MAXIMUM
PERIOD
OF
CONFINE-
MENT.—If a covered juvenile is placed in room 
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confinement because the covered juvenile poses 
a serious and immediate risk of physical harm 
to himself or herself, or to others, the covered 
juvenile shall be released— 
‘‘(i) immediately when the covered ju-
venile has sufficiently gained control so as 
to no longer engage in behavior that 
threatens serious and immediate risk of 
physical harm to himself or herself, or to 
others; or 
‘‘(ii) if a covered juvenile does not suf-
ficiently gain control as described in clause 
(i), not later than— 
‘‘(I) 3 hours after being placed in 
room confinement, in the case of a 
covered juvenile who poses a serious 
and immediate risk of physical harm 
to others; or 
‘‘(II) 30 minutes after being 
placed in room confinement, in the 
case of a covered juvenile who poses a 
serious and immediate risk of physical 
harm only to himself or herself. 
‘‘(C) RISK OF HARM AFTER MAXIMUM PE-
RIOD OF CONFINEMENT.—If, after the applica-
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