Title: MERCY Act
Policy area: Crime and Law Enforcement

Summary:
Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017 or the MERCY Act
This bill amends the federal criminal code to prohibit juvenile solitary confinement, except as a temporary response to behavior that poses a serious and immediate risk of harm.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 329 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 329

To place restrictions on the use of solitary confinement for juveniles 
                          in Federal custody.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, February 6), 2017

 Mr. Booker (for himself, Mr. Paul, Mr. Durbin, Mr. Lee, Mr. Lankford, 
and Mr. Casey) introduced the following bill; which was read twice and 
               referred to the Committee 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 Representatives 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''.

SEC. 2. JUVENILE SOLITARY CONFINEMENT.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 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 facility where 
        covered juveniles are--
                    ``(A) committed pursuant to an adjudication of 
                delinquency under this chapter; or
                    ``(B) detained prior to disposition or conviction; 
                and
            ``(3) the term `room confinement' means the involuntary 
        placement of a covered juvenile alone in a cell, room, or other 
        area for any reason.
    ``(b) Prohibition on Room Confinement in Juvenile Facilities.--
            ``(1) In general.--The use of room confinement 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 prohibited.
            ``(2) Juveniles posing risk of harm.--
                    ``(A) Requirement to use least restrictive 
                techniques.--
                            ``(i) In general.--Before a staff member of 
                        a juvenile facility places a covered juvenile 
                        in room confinement, the staff member shall 
                        attempt to use less restrictive techniques, 
                        including--
                                    ``(I) talking with the covered 
                                juvenile in an attempt to de-escalate 
                                the situation; and
                                    ``(II) permitting a qualified 
                                mental health professional, or a staff 
                                member who has received training in de-
                                escalation techniques and trauma-
                                informed care, to talk to the covered 
                                juvenile.
                            ``(ii) Explanation.--If, after attempting 
                        to use less restrictive techniques as required 
                        under clause (i), a staff member of a juvenile 
                        facility decides to place a covered juvenile in 
                        room confinement, the staff member shall 
                        first--
                                    ``(I) explain to the covered 
                                juvenile the reasons for the room 
                                confinement; and
                                    ``(II) inform the covered juvenile 
                                that release from room confinement will 
                                occur--
                                            ``(aa) immediately when the 
                                        covered juvenile regains self-
                                        control, as described in 
                                        subparagraph (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 applicable.
                    ``(B) Maximum period of confinement.--If a covered 
                juvenile is placed in room 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 juvenile 
                        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 
                        sufficiently 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 period of 
                confinement.--If, after the applicable maximum period 
                of confinement under subclause (I) or (II) of 
                subparagraph (B)(ii) has expired, a covered juvenile 
                continues to pose a serious and immediate risk of 
                physical harm described in that subclause--
                            ``(i) the covered juvenile shall be 
                        transferred immediately to another juvenile 
                        facility or internal location where services 
                        can be provided to the covered juvenile without 
                        relying on room confinement; or
                            ``(ii) if a qualified mental health 
                        professional believes the level of crisis 
                        service needed is not currently available, a 
                        staff member of the juvenile facility shall 
                        immediately transport the juvenile to--
                                    ``(I) an emergency medical 
                                facility; or
                                    ``(II) an equivalent location that 
                                can meet the needs of the covered 
                                juvenile.
                    ``(D) Action before expiration of time limit.--
                Nothing in subparagraph (C) shall be construed to 
                prohibit an action described in clause (i) or (ii) of 
                that subparagraph from being taken before the 
                applicable maximum period of confinement under 
                subclause (I) or (II) of subparagraph (B)(ii) has 
                expired.
                    ``(E) Conditions.--A room used for room confinement 
                for a juvenile shall--
                            ``(i) have not less than 80 square feet of 
                        floor space;
                            ``(ii) have adequate lighting, heating or 
                        cooling (as applicable), and ventilation for 
                        the comfort of the juvenile;
                            ``(iii) be suicide-resistant and 
                        protrusion-free; and
                            ``(iv) have access to clean potable water, 
                        toilet facilities, and hygiene supplies.
                    ``(F) Notice.--
                            ``(i) Use of room confinement.--Not later 
                        than 1 business day after the date on which a 
                        juvenile facility places a covered juvenile in 
                        room confinement, the juvenile facility shall 
                        provide notice to the attorney of record for 
                        the juvenile.
                            ``(ii) Transfer.--Not later than 24 hours 
                        after a covered juvenile is transferred from a 
                        juvenile facility to another location, the 
                        juvenile facility shall provide notice to--
                                    ``(I) the attorney of record for 
                                the juvenile; and
                                    ``(II) an authorized parent or 
                                guardian of the juvenile.
                    ``(G) Spirit and purpose.--The use of consecutive 
                periods of room confinement to evade the spirit and 
                purpose of this subsection shall be prohibited.
    ``(c) Study and Report.--Not later than 2 years after the date of 
enactment of this section, and each year thereafter, the Attorney 
General shall submit to Congress a report that--
            ``(1) contains a detailed description of the type of 
        physical force, restraints, and room confinement used at 
        juvenile facilities;
            ``(2) describes the number of instances in which physical 
        force, restraints, or room confinement are used at juvenile 
        facilities, disaggregated by race, ethnicity, and gender; and
            ``(3) contains a detailed description of steps taken, in 
        each instance in which room confinement is used at a juvenile 
        facility, to address and remedy the underlying issue that led 
        to behavioral intervention resulting in the use of room 
        confinement, including any positive or negative outcomes.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 403 of title 18, United States Code, is amended by adding at 
the end the following:

``5043. Juvenile solitary confinement.''.
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