[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8155 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8155

To amend title 18, United States Code, to impose conditions on the use 
  of solitary confinement in Federal prisons, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2020

 Mrs. Watson Coleman introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to impose conditions on the use 
  of solitary confinement in Federal prisons, and for other purposes.

    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 ``Restricting the Use of Solitary 
Confinement Act of 2020''.

SEC. 2. SOLITARY CONFINEMENT.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4015. Solitary confinement
    ``(a) In General.--Any placement of an inmate in solitary 
confinement shall comply with the following:
            ``(1) An inmate shall not be placed in solitary confinement 
        unless there is reasonable cause to believe that--
                    ``(A) the inmate would create a substantial risk of 
                immediate serious harm to another, as evidenced by 
                recent threats or conduct; and
                    ``(B) a less restrictive intervention would be 
                insufficient to reduce this risk.
        The correctional facility shall bear the burden of establishing 
        this standard by clear and convincing evidence before any 
        agency review. An inmate who would create a substantial risk of 
        immediate serious harm to self, or who create a substantial 
        risk of immediate serious harm to another because of a medical 
        reason shall be placed in an appropriate medical facility.
            ``(2) An inmate shall not be placed in solitary confinement 
        for non-disciplinary reasons.
            ``(3) An inmate shall not be placed in solitary confinement 
        before receiving a personal and comprehensive medical and 
        mental health examination conducted by a clinician. A 
        preliminary examination shall be conducted by a member of the 
        medical staff within 12 hours before confinement and the 
        clinical examination shall be conducted within 48 hours of 
        confinement.
            ``(4) An inmate shall only be held in solitary confinement 
        pursuant to initial procedures and reviews which provide 
        timely, fair and meaningful opportunities for the inmate to 
        contest the confinement in such an administrative proceeding as 
        the Director shall establish. These procedures shall include--
                    ``(A) the right to an initial hearing within 72 
                hours of placement and a review every 15 days 
                thereafter, in the absence of exceptional 
                circumstances, unavoidable delays, or reasonable 
                postponements;
                    ``(B) the right to appear at the hearing;
                    ``(C) the right to be represented at the hearing 
                pursuant to the Defender Services Program of the 
                Department of Justice;
                    ``(D) an independent hearing officer; and
                    ``(E) a written statement of reasons for the 
                decision made at the hearing.
            ``(5) The final decision to place an inmate in solitary 
        confinement shall be made by the administrator of the 
        correctional facility where that inmate is held.
            ``(6) An inmate shall not be placed or retained in solitary 
        confinement if the administrator determines that the inmate no 
        longer meets the standard for the confinement.
            ``(7) A clinician shall evaluate each inmate placed in 
        solitary confinement on a daily basis, in a confidential 
        setting outside of the cell whenever possible, to determine 
        whether the inmate is a vulnerable person.
            ``(8) An inmate shall not be placed in solitary confinement 
        for more than 15 consecutive days, or for more than 20 days 
        during any 60-day period.
            ``(9) An inmate held in solitary confinement shall not be 
        denied access to food, water, medical care including emergency 
        medical care, or any other basic necessity.
            ``(10) An inmate shall not be directly released from 
        solitary confinement to the community during the final 180 days 
        of the inmate's term of incarceration, unless it is necessary 
        for the safety of the inmate, staff, other inmates, or the 
        public.
            ``(11) An inmate who is a vulnerable person described in 
        subparagraph (B), (E), or (F) of subsection (b)(3), who would 
        otherwise be placed in solitary confinement, shall alternately 
        be placed in an appropriate medical or other unit as determined 
        by the administrator.
    ``(b) Definitions.--In this section:
            ``(1) Clinician.--The term `clinician' means a Federal or 
        State licensed physician, except that for purposes of mental 
        health evaluations, the term shall include a Federal or State 
        licensed psychiatrist or psychologist, or an advanced practice 
        nurse or clinical nurse specialist with a specialty in 
        psychiatric nursing.
            ``(2) Solitary confinement.--The term `solitary 
        confinement' means confinement of an inmate in a correctional 
        facility, pursuant to disciplinary, administrative, protective, 
        investigative, medical, or other classification, in a cell or 
        similarly confined holding or living space, alone or with other 
        inmates, for approximately 20 hours or more per day, with 
        severely restricted activity, movement, and social interaction.
            ``(3) Vulnerable person.--The term `vulnerable person' 
        means any inmate who--
                    ``(A) is 25 years of age or younger;
                    ``(B) is 65 years of age or older;
                    ``(C) has a disability based on a mental illness, a 
                history of psychiatric hospitalization, or has recently 
                exhibited conduct, including serious self-mutilation, 
                indicating the need for further observation or 
                evaluation to determine the presence of mental illness;
                    ``(D) has a developmental disability;
                    ``(E) has a serious medical condition which cannot 
                effectively be treated in isolated confinement;
                    ``(F) is pregnant, is in the postpartum period, or 
                has recently suffered a miscarriage or terminated a 
                pregnancy;
                    ``(G) has a significant auditory or visual 
                impairment; or
                    ``(H) is perceived to be lesbian, gay, bisexual, 
                transgender, or intersex.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``4015. Solitary confinement.''.

SEC. 3. REPORT.

    Not later than 270 days after the date of enactment of this Act, 
the Bureau of Prisons shall prepare, in consultation with other 
entities including human rights advocates, mental health experts, 
academics, and other professionals in the correction and rehabilitation 
area, and thereafter submit a report to the Committees on the Judiciary 
of the House of Representatives and of the Senate with recommendations 
to reduce the use of solitary confinement in Federal prisons to near 
zero over the 10-year period beginning on the date of the submission of 
the report.
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