[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1965 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1965

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2015

Mr. Booker (for himself, Mr. Paul, Mr. Lee, and Mr. Durbin) 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 2015'' 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 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 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 
                        initiate a referral to a location that can meet 
                        the needs of the covered juvenile.
                    ``(D) Spirit and purpose.--The use of consecutive 
                periods of room confinement to evade the spirit and 
                purpose of this subsection shall be prohibited.''.
    (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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