[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4618

  To develop and implement national standards for the use of solitary 
  confinement in the Nation's prisons, jails, and juvenile detention 
                              facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2014

Mr. Richmond (for himself, Mr. Conyers, Mr. Rangel, Mr. Danny K. Davis 
 of Illinois, Mr. Grijalva, Mr. Cardenas, Mr. Ellison, Ms. Kaptur, Ms. 
 Bass, Ms. Kelly of Illinois, Mr. Polis, Mr. Hastings of Florida, Ms. 
 Moore, Ms. Wilson of Florida, Ms. Jackson Lee, Ms. Norton, Mr. Honda, 
 and Mr. Thompson of Mississippi) 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 the Nation's prisons, jails, and juvenile detention 
                              facilities.

    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 ``The Solitary Confinement Study and 
Reform Act of 2014''.

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 circumstances;
            (2) establish a more humane and constitutionally sound 
        practice of segregated detention or solitary confinement in the 
        Nation's prisons;
            (3) accelerate the development of best practices and make 
        reforming solitary confinement a top priority in each prison, 
        jail, and juvenile detention system at the Federal and State 
        levels;
            (4) increase the available data and information on the 
        incidence of solitary confinement, consequently improving the 
        management and administration of correctional and juvenile 
        justice facilities;
            (5) standardize the definitions used for collecting data on 
        the incidence of solitary confinement;
            (6) increase the accountability of prison, jail, and 
        juvenile corrections officials who fail to design and implement 
        humane and constitutionally sound solitary confinement 
        practices;
            (7) protect the Eighth Amendment rights of Federal, State, 
        and local prisoners and juvenile detainees; and
            (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 commission 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 Speaker 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 addition to any 
                appointment made under subparagraph (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
                    (E) 1 member appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D).
            (2) Persons eligible.--Each member of the Commission shall 
        be an individual who has knowledge 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 minority leader of the Senate shall consult 
        with one another 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 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 Commission 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 completed.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum to conduct 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 inconsistent 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 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 between 
                solitary confinement and prison, jail, and juvenile 
                detention facility conditions and existing monitoring, 
                regulatory, and enforcement practices;
                    (C) an assessment of the characteristics of 
                prisoners and detainees most likely to be referred to 
                solitary confinement and the effectiveness of various 
                types of treatment or programs to reduce such 
                likelihood;
                    (D) an assessment of the impacts of solitary 
                confinement on individuals, families, social 
                institutions, and the economy generally;
                    (E) an identification of additional scientific and 
                social science research needed on the prevalence of 
                solitary confinement in Federal, State, and local 
                prisons, jails, and juvenile detention centers as well 
                as a full assessment of existing literature;
                    (F) an assessment of the general relationship 
                between solitary confinement and mental illness;
                    (G) an assessment of the relationship between 
                solitary confinement and levels of training, 
                supervision, and discipline of corrections staff; and
                    (H) an assessment of existing Federal and State 
                systems for collecting and reporting the number and 
                duration of solitary confinement incidents in prisons, 
                jails, and juvenile detention facilities nationwide.
            (3) Report.--
                    (A) Distribution.--Not later than two years after 
                the date of the initial meeting of the Commission, the 
                Commission shall submit a report on the study carried 
                out under this subsection 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 Bureau of 
                        Prisons;
                            (vi) the Administrator of the Office of 
                        Juvenile Justice and Delinquency Prevention;
                            (vii) the chief executive of each State; 
                        and
                            (viii) the head of the department of 
                        corrections of each State.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                            (i) the findings and conclusions of the 
                        Commission;
                            (ii) the recommended national standards for 
                        reducing the use of solitary confinement 
                        described in subsection (e); and
                            (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 submitted 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 the Nation's prisons, jails, and 
        juvenile detention facilities.
            (2) Matters included.--The information provided under 
        paragraph (1) shall include recommended national standards 
        relating to--
                    (A) how authorities can progress toward 
                significantly limiting the utilization of solitary 
                confinement so that a prisoner or detainee 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 prisoner for an extremely serious 
                disciplinary infraction;
                    (B) methods that can be employed to ensure that the 
                duration of solitary confinement of a prisoner at an 
                institution can be limited to fewer than 30 days in any 
                45-day period, except in a case in which the head of a 
                corrections facility makes an individualized 
                determination that prolonged solitary confinement of 
                the prisoner for a serious disciplinary infraction is 
                necessary for the order or security of the institution 
                or a prisoner requests such placement;
                    (C) ensuring that prior to being classified, 
                assigned, or subject to long-term solitary confinement, 
                an adult prisoner shall be entitled to a meaningful 
                hearing on the reason for and duration 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 confinement will not be 
                allowed and that the prisoner will be afforded a 
                meaningful review of the confinement at least once 
                every 30 days that the prisoner remains in solitary 
                confinement and that facility officials must record and 
                provide a transcript of the review proceedings for the 
                prisoner under review to the prisoner or the prisoner's 
                designee;
                    (E) ensuring that corrections authorities design 
                and implement programming that allows adult prisoners 
                subject to long-term solitary confinement to earn 
                placement in less restrictive housing through positive 
                behavior;
                    (F) limiting the use of involuntary solitary 
                confinement for the purpose of protective custody 
                solely because of a personal characteristic that makes 
                the prisoner particularly vulnerable to harm, including 
                age, gender identity, race, or religion;
                    (G) ensuring that corrections authorities improve 
                access to mental health treatment for prisoners and 
                juvenile detainees in solitary confinement;
                    (H) ensuring that corrections authorities work 
                toward systems wherein prisoners and juvenile detainees 
                diagnosed by a qualified mental health professional 
                with a serious mental illness shall not be held in 
                long-term solitary confinement;
                    (I) ensuring that corrections authorities do all 
                that is feasible to make certain that prisoners and 
                juvenile detainees younger than 18 years of age shall 
                not be held in solitary confinement for any duration, 
                except under extreme emergency circumstances;
                    (J) ensuring that corrections authorities develop 
                alternative methods to manage issues with juvenile 
                detainees and prisoners under 18 other than solitary 
                confinement; and
                    (K) such other matters as may reasonably be related 
                to the goal of reducing solitary confinement in the 
                Nation's prisons.
            (3) Limitation.--The Commission shall not propose a 
        recommended standard that would impose substantial additional 
        costs compared to the costs presently expended by Federal, 
        State, and local corrections authorities and shall seek to 
        propose standards that reduce the costs of incarceration to 
        these authorities.
    (f) Consultation With Accreditation Organizations.--In developing 
recommended national standards for the reduction of solitary 
confinement, the Commission shall consider any standards that have 
already been developed, or are being developed simultaneously to the 
deliberations of the Commission. The Commission shall consult with 
accreditation organizations responsible for the accreditation of 
Federal, State, local, or private corrections facilities, that have 
developed or are currently 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 currently 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 
        duties 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 Agencies.--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, including per diem in lieu of 
        subsistence, at rates authorized 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 intermittent services.--
        Upon the request of the Commission, the Attorney General shall 
        provide reasonable and appropriate office space, supplies, and 
        administrative assistance.
    (j) Contracts for Research.--
            (1) National institute of justice.--With a \2/3\ 
        affirmative vote, the Commission may select nongovernmental 
        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.
    (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 the Nation's prisons, 
        jails, and juvenile detention centers.
            (2) Independent judgment.--The standards referred to in 
        paragraph (1) shall be based upon the independent judgment of 
        the Attorney General, after giving due 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 compared to the costs presently 
        expended by Federal, State, and local corrections authorities. 
        The Attorney General may, however, provide a list of 
        improvements for consideration by correctional facilities.
            (4) Transmission to states.--Within 90 days of publishing 
        the final rule under paragraph (1), the Attorney General shall 
        transmit the national standards adopted under that paragraph to 
        the chief executive of each State, the head of the department 
        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 prisons, jails, or juvenile detention 
        facilities.
    (b) Applicability to Federal Bureau of Prisons.--The national 
standards referred to in subsection (a) shall apply to the Federal 
Bureau of Prisons immediately upon adoption of the final rule under 
subsection (a)(1).
    (c) Eligibility for Federal Funds.--
            (1) Adoption of national standards.--For each fiscal year, 
        any amount that a State would otherwise receive for prison, 
        jail, and juvenile detention purposes for that fiscal year 
        under a grant program covered by paragraph (2) shall be reduced 
        by 15 percent unless the chief executive of the State or 
        pertinent local government official submits to the Attorney 
        General--
                    (A) a certification that the State or local 
                government has adopted, and is in full compliance with, 
                the national standards described in subsection (a)(1); 
                or
                    (B) an assurance that not less than 5 percent of 
                such amount shall be used only for the purpose of 
                enabling the State or local government to adopt, and 
                achieve full compliance with, those national standards, 
                so as to ensure that a certification under subparagraph 
                (A) may be submitted in future years.
            (2) Covered programs.--
                    (A) In general.--A grant program is covered by this 
                subsection if--
                            (i) the program is carried out by or under 
                        the authority of the Attorney General; and
                            (ii) the program may provide amounts to 
                        States or local governments for criminal 
                        justice or juvenile justice purposes.
                    (B) List.--For each fiscal year, the Attorney 
                General shall prepare a list identifying each program 
                that meets the criteria of subparagraph (A) and make 
                such list available to each State and local government.
            (3) Report on noncompliance.--Not later than September 30 
        of each year, the Attorney General shall publish a report 
        listing each grantee that is not in compliance with the 
        national standards adopted pursuant to subsection (a)(1).
            (4) Redistribution of amounts.--Amounts under a grant 
        program not granted by reason of a reduction under paragraph 
        (1) shall be granted to one or more entities not subject to 
        such reduction or such prohibition, subject to the other laws 
        governing that program.
            (5) Implementation.--The Attorney General shall establish 
        procedures to implement this subsection, including procedures 
        for effectively applying this subsection to discretionary grant 
        programs.
            (6) Effective date.--The programs covered under paragraph 
        (2) shall be subject to decreases under this Act in the second 
        fiscal year that commences after the date the Attorney General 
        issues the final rule under subsection (a)(1).

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 30 days, consecutive or nonconsecutive, in 
        any 45-day period.
            (4) Qualified mental health professional.--The term 
        ``qualified mental health professional'' means a psychiatrist, 
        psychologist, psychiatric social worker, licensed professional 
        counselor, 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 ``serious mental 
        illness'' means a substantial disorder that--
                    (A) significantly impairs judgment, behavior, 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 significant 
                functional impairment, or a severe personality disorder 
                that results in significant functional impairment.
            (6) Solitary confinement.--The term ``solitary 
        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, movement, and social interaction.
            (7) Corrections.--The term ``corrections'' includes 
        prisons, jails, and juvenile detention facilities.
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