[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 719 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 719
To reform the use of solitary confinement and other forms of
restrictive housing in the Bureau of Prisons, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2019
Mr. Durbin (for himself, Mr. Coons, Mr. Booker, Ms. Harris, Mr. Leahy,
Mr. Schatz, and Ms. Warren) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the use of solitary confinement and other forms of
restrictive housing in the Bureau of 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 ``Solitary Confinement Reform Act''.
SEC. 2. SOLITARY CONFINEMENT REFORMS.
(a) Amendment.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Solitary confinement
``(a) Definitions.--In this section:
``(1) Administrative maximum facility.--The term
`administrative maximum facility' means a maximum-security
facility, including the Administrative Maximum facility in
Florence, Colorado, designed to house inmates who present an
ongoing significant and serious threat to other inmates, staff,
and the public.
``(2) Administrative segregation.--The term `administrative
segregation' means a nonpunitive form of solitary confinement
that removes an individual from the general population of a
correctional facility for--
``(A) investigative, protective, or preventative
reasons resulting in a substantial and immediate
threat; or
``(B) transitional reasons, including a pending
transfer, pending classification, or other temporary
administrative matter.
``(3) Appropriate level of care.--The term `appropriate
level of care' means the appropriate treatment setting for
mental health care that an inmate with mental illness requires,
which may include outpatient care, emergency or crisis
services, day treatment, supported residential housing,
infirmary care, or inpatient psychiatric hospitalization
services.
``(4) Director.--The term `Director' means the Director of
the Bureau of Prisons.
``(5) Disciplinary hearing officer.--The term `disciplinary
hearing officer' means an employee of the Bureau of Prisons who
is responsible for conducting disciplinary hearings for which
solitary confinement may be a sanction, as described in section
541.8 of title 28, Code of Federal Regulations, or any
successor thereto.
``(6) Disciplinary segregation.--The term `disciplinary
segregation' means a punitive form of solitary confinement
imposed only by a Disciplinary Hearing Officer as a sanction
for committing a significant and serious disciplinary
infraction.
``(7) Intellectual disability.--The term `intellectual
disability' means a significant mental impairment characterized
by significant limitations in both intellectual functioning and
in adaptive behavior.
``(8) Multidisciplinary staff committee.--The term
`multidisciplinary staff committee' means a committee--
``(A) made up of staff at the facility where an
inmate resides who are responsible for reviewing the
initial placement of the inmate in solitary confinement
and any extensions of time in solitary confinement; and
``(B) which shall include--
``(i) not less than 1 licensed mental
health professional;
``(ii) not less than 1 medical
professional; and
``(iii) not less than 1 member of the
leadership of the facility.
``(9) Ongoing significant and serious threat.--The term
`ongoing significant and serious threat' means an ongoing set
of circumstances that require the highest level of security and
staff supervision for an inmate who, by the behavior of the
inmate--
``(A) has been identified as assaultive,
predacious, riotous, or a serious escape risk; and
``(B) poses a great risk to other inmates, staff,
and the public.
``(10) Protection case.--The term `protection case' means
an inmate who, by the request of the inmate or through a staff
determination, requires protection, as described by section
541.23(c)(3) of title 28, Code of Federal Regulations, or any
successor thereto.
``(11) Serious mental illness.--The term `serious mental
illness' means a substantial disorder of thought or mood that
significantly impairs judgment, behavior, capacity to recognize
reality, or ability to cope with the ordinary demands of life.
``(12) Significant and serious disciplinary infraction.--
The term `significant and serious disciplinary infraction'
means--
``(A) an act of violence that either--
``(i) resulted in or was likely to result
in serious injury or death to another; or
``(ii) occurred in connection with any act
of nonconsensual sex;
``(B) an escape, attempted escape, or conspiracy to
escape from within a security perimeter or custody, or
both; or
``(C) possession of weapons, possession of illegal
narcotics with intent to distribute, or other similar,
severe threats to the safety of the inmate, other
inmates, staff, or the public.
``(13) Solitary confinement.--The term `solitary
confinement' means confinement characterized by substantial
isolation in a cell, alone or with other inmates, including
administrative segregation, disciplinary segregation, and
confinement in any facility designated by the Bureau of Prisons
as a special housing unit, special management unit, or
administrative maximum facility.
``(14) Special administrative measures.--The term `special
administrative measures' means reasonably necessary measures
used to--
``(A) prevent disclosure of classified information
upon written certification to the Attorney General by
the head of an element of the intelligence community
(as specified or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4))) that
the unauthorized disclosure of such information would
pose a threat to the national security and that there
is a danger that the inmate will disclose such
information, as described by section 501.2 of title 28,
Code of Federal Regulations, or any successor thereto;
or
``(B) protect persons against the risk of death or
serious bodily injury, upon written notification to the
Director by the Attorney General or, at the Attorney
General's direction, by the head of a Federal law
enforcement agency, or the head of an element of the
intelligence community (as specified or designated
under section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4))), that there is a substantial risk
that the communications of an inmate or contacts by the
inmate with other persons could result in death or
serious bodily injury to persons, or substantial damage
to property that would entail the risk of death or
serious bodily injury to persons, as described by
section 501.3 of title 28, Code of Federal Regulations,
or any successor thereto.
``(15) Special housing unit.--The term `special housing
unit' means a housing unit in an institution of the Bureau of
Prisons in which inmates are securely separated from the
general inmate population for disciplinary or administrative
reasons, as described in section 541.21 of title 28, Code of
Federal Regulations, or any successor thereto.
``(16) Special management unit.--The term `special
management unit' means a nonpunitive housing program with
multiple, step-down phases for inmates whose history, behavior,
or situation requires enhanced management approaches in order
to ensure the safety of other inmates, the staff, and the
public.
``(17) Substantial and immediate threat.--The term
`substantial and immediate threat' means any set of temporary
and unforeseen circumstances that require immediate action in
order to combat a threat to the safety of an inmate, other
inmates, staff, or the public.
``(b) Use of Solitary Confinement.--
``(1) In general.--The placement of a Federal inmate in
solitary confinement within the Bureau of Prisons or any
facility that contracts with the Bureau of Prisons to provide
housing for inmates in Federal custody shall be limited to
situations in which such confinement--
``(A) is limited to the briefest term and the least
restrictive conditions practicable, including not less
than 4 hours of out-of-cell time every day, unless the
inmate poses a substantial and immediate threat;
``(B) is consistent with the rationale for
placement and with the progress achieved by the inmate;
``(C) allows the inmate to participate in
meaningful programming opportunities and privileges as
consistent with those available in the general
population as practicable, either individually or in a
classroom setting;
``(D) allows the inmate to have as much meaningful
interaction with others, such as other inmates,
visitors, clergy, or licensed mental health
professionals, as practicable; and
``(E) complies with the provisions of this section.
``(2) Transitional process for inmates in solitary
confinement.--
``(A) Inmates with upcoming release dates.--The
Director shall establish--
``(i) policies to ensure that an inmate
with an anticipated release date of 180 days or
less is not housed in solitary confinement,
unless--
``(I) such confinement is limited
to not more than 5 days of
administrative segregation relating to
the upcoming release of the inmate; or
``(II) the inmate poses a
substantial and immediate threat; and
``(ii) a transitional process for each
inmate with an anticipated release date of 180
days or less who is held in solitary
confinement under clause (i)(II), which shall
include--
``(I) substantial re-socialization
programming in a group setting;
``(II) regular mental health
counseling to assist with the
transition; and
``(III) re-entry planning services
offered to inmates in a general
population setting.
``(B) Inmates in long-term solitary confinement.--
The Director shall establish a transitional process for
each inmate who has been held in solitary confinement
for more than 30 days and who will transition into a
general population unit, which shall include--
``(i) substantial re-socialization
programming in a group setting; and
``(ii) regular mental health counseling to
assist with the transition.
``(3) Protective custody units.--The Director--
``(A) shall establish within the Federal prison
system additional general population protective custody
units that provide sheltered general population housing
to protect inmates from harm that they may otherwise be
exposed to in a typical general population housing
unit;
``(B) shall establish policies to ensure that an
inmate who is considered a protection case shall, upon
request of the inmate, be placed in a general
population protective custody unit;
``(C) shall create an adequate number of general
population protective custody units to--
``(i) accommodate the requests of inmates
who are considered to be protection cases; and
``(ii) ensure that inmates who are
considered to be protection cases are placed in
facilities as close to their homes as
practicable; and
``(D) may not place an inmate who is considered to
be a protection case in solitary confinement due to the
status of the inmate as a protection case unless--
``(i) the inmate requests to be placed in
solitary confinement, in which case, at the
request of the inmate the inmate shall be
transferred to a general population protective
custody unit or, if appropriate, a different
general population unit; or
``(ii) such confinement is limited to--
``(I) not more than 5 days of
administrative segregation; and
``(II) is necessary to protect the
inmate during preparation for transfer
to a general population protective
custody unit or a different general
population unit.
``(4) Vulnerable populations.--The Bureau of Prisons or any
facility that contracts with the Bureau of Prisons shall not
place an inmate in solitary confinement if--
``(A) the inmate has a serious mental illness, has
an intellectual disability, has a physical disability
that a licensed medical professional finds is likely to
be exacerbated by placement in solitary confinement, is
pregnant or in the first 8 weeks of the postpartum
recovery period after giving birth, or has been
determined by a licensed mental health professional to
likely be significantly adversely affected by placement
in solitary confinement, unless--
``(i) the inmate poses a substantial and
immediate threat;
``(ii) all other options to de-escalate the
situation have been exhausted, including less
restrictive techniques such as--
``(I) penalizing the inmate through
loss of privileges;
``(II) speaking with the inmate in
an attempt to de-escalate the
situation; and
``(III) a licensed mental health
professional providing an appropriate
level of care;
``(iii) such confinement is limited to the
briefest term and the least restrictive
conditions practicable, including access to
medical and mental health treatment;
``(iv) such confinement is reviewed by a
multidisciplinary staff committee for
appropriateness every 24 hours; and
``(v) as soon as practicable, but not later
than 5 days after such confinement begins, the
inmate is diverted, upon release from solitary
confinement, to--
``(I) a general population unit;
``(II) a protective custody unit
described in paragraph (3); or
``(III) a mental health treatment
program as described in subsection
(c)(2);
``(B) the inmate is lesbian, gay, bisexual,
transgender (as defined in section 115.5 of title 28,
Code of Federal Regulations, or any successor thereto),
intersex (as defined in section 115.5 of title 28, Code
of Federal Regulations, or any successor thereto), or
gender nonconforming (as defined in section 115.5 of
title 28, Code of Federal Regulations, or any successor
thereto), when such placement is solely on the basis of
such identification or status; or
``(C) the inmate is HIV positive, if the placement
is solely on the basis of the HIV positive status of
the inmate.
``(5) Special housing units.--The Director shall--
``(A) limit administrative segregation--
``(i) to situations in which such
segregation is necessary to--
``(I) control a substantial and
immediate threat that cannot be
addressed through alternative housing;
or
``(II) temporarily house an inmate
pending transfer, pending
classification, or pending resolution
of another temporary administrative
matter; and
``(ii) to a duration of not more than 15
consecutive days, and not more than 20 days in
a 60-day period, unless--
``(I) the inmate requests to remain
in administrative segregation under
paragraph (3)(D)(i); or
``(II) in order to address the
continued existence of a substantial
and immediate threat, a
multidisciplinary staff committee
approves a temporary extension, which--
``(aa) may not be longer
than 15 days; and
``(bb) shall be reviewed by
the multidisciplinary staff
committee every 3 days during
the period of the extension, in
order to confirm the continued
existence of the substantial
and immediate threat;
``(B) limit disciplinary segregation--
``(i) to situations in which such
segregation is necessary to punish an inmate
who has been found to have committed a
significant and serious disciplinary infraction
by a Disciplinary Hearing Officer and
alternative sanctions would not adequately
regulate the behavior of the inmate; and
``(ii) to a duration of not more than 30
consecutive days, and not more than 40 days in
a 60-day period, unless a multidisciplinary
staff committee, in consultation with the
Disciplinary Hearing Officer who presided over
the inmate's disciplinary hearing, determines
that the significant and serious disciplinary
infraction of which the inmate was found guilty
is of such an egregious and violent nature that
a longer sanction is appropriate and approves a
longer sanction, which--
``(I) may be not more than 60 days
in a special housing unit if the inmate
has never before been found guilty of a
similar significant and serious
disciplinary infraction; or
``(II) may be not more than 90 days
in a special housing unit if the inmate
has previously been found guilty of a
similar significant and serious
disciplinary infraction;
``(C) ensure that any time spent in administrative
segregation during an investigation into an alleged
offense is credited as time served for a disciplinary
segregation sentence;
``(D) ensure that concurrent sentences are imposed
for disciplinary violations arising from the same
episode; and
``(E) ensure that an inmate may be released from
disciplinary segregation for good behavior before
completing the term of the inmate, unless the inmate
poses a substantial and immediate threat to the safety
of other inmates, staff, or the public.
``(6) Special management units.--The Director shall--
``(A) limit segregation in a special management
unit to situations in which such segregation is
necessary to temporarily house an inmate whose history,
behavior, or circumstances require enhanced management
approaches that cannot be addressed through alternative
housing;
``(B) evaluate whether further reductions to the
minimum and maximum number of months an inmate may
spend in a special management unit are appropriate on
an annual basis;
``(C) ensure that each inmate understands the
status of the inmate in the special management unit
program and how the inmate may progress through the
program; and
``(D) further reduce the minimum and maximum number
of months an inmate may spend in a special management
unit if the Director determines such reductions are
appropriate after evaluations are performed under
subparagraph (B).
``(7) Administrative maximum facilities.--The Director
shall--
``(A) limit segregation in an administrative
maximum facility to situations in which such
segregation is necessary to--
``(i) implement special administrative
measures, as directed by the Attorney General;
or
``(ii) house an inmate who poses an ongoing
significant and serious threat to the safety of
other inmates, staff, or the public that cannot
be addressed through alternative housing; and
``(B) issue final approval of referral of any
inmate who poses an ongoing significant and serious
threat for placement in an Administrative Maximum
facility, including the United States Penitentiary
Administrative Maximum in Florence, Colorado.
``(8) Right to review placement in solitary confinement.--
The Director shall ensure that each inmate placed in solitary
confinement has access to--
``(A) written notice thoroughly detailing the basis
for placement or continued placement in solitary
confinement not later than 6 hours after the beginning
of such placement, including--
``(i) thorough documentation explaining why
such confinement is permissible and necessary
under paragraph (1); and
``(ii) if an exception under paragraph
(2)(A), (3)(D), (4)(A), (4)(B), (5)(A), or
(5)(B) is used to justify placement in solitary
confinement or under paragraph (1) to justify
increased restrictive conditions in solitary
confinement, thorough documentation explaining
why such an exception applied;
``(B) a timely, thorough, and continuous review
process that--
``(i) occurs within not less than 3 days of
placement in solitary confinement, and
thereafter at least--
``(I) on a weekly basis for inmates
in special housing units;
``(II) on a monthly basis for
inmates in special management units;
and
``(III) on a monthly basis for
inmates at an administrative maximum
facility;
``(ii) includes private, face-to-face
interviews with a multidisciplinary staff
committee; and
``(iii) examines whether--
``(I) placement in solitary
confinement was and remains necessary;
``(II) the conditions of
confinement comply with this section;
and
``(III) whether any exception under
paragraph (2)(A), (3)(D), (4)(A),
(4)(B), (5)(A), or (5)(B) used to
justify placement in solitary
confinement or under paragraph (1) used
to justify increased restrictive
conditions in solitary confinement was
and remains warranted;
``(C) a process to appeal the initial placement or
continued placement of the inmate in solitary
confinement;
``(D) prompt and timely written notice of the
appeal procedures; and
``(E) copies of all documents, files, and records
relating to the inmate's placement in solitary
confinement, unless such documents contain contraband,
classified information, or sensitive security-related
information.
``(c) Mental Health Care for Inmates in Solitary Confinement.--
``(1) Mental health screening.--Not later than 6 hours
after an inmate in the custody of the Bureau of Prisons or any
facility that contracts with the Bureau of Prisons to provide
housing for inmates in Federal custody is placed in solitary
confinement, the inmate shall receive a comprehensive, face-to-
face mental health evaluation by a licensed mental health
professional in a confidential setting.
``(2) Mental health treatment program.--An inmate diagnosed
with a serious mental illness after an evaluation required
under paragraph (1)--
``(A) shall not be placed in solitary confinement
in accordance with subsection (b)(4); and
``(B) may be diverted to a mental health treatment
program within the Bureau of Prisons that provides an
appropriate level of care to address the inmate's
mental health needs.
``(3) Continuing evaluations.--After each 14-calendar-day
period an inmate is held in continuous placement in solitary
confinement--
``(A) a licensed mental health professional shall
conduct a comprehensive, face-to-face, out-of-cell
mental health evaluation of the inmate in a
confidential setting; and
``(B) the Director shall adjust the placement of
the inmate in accordance with this subsection.
``(4) Requirement.--The Director shall operate mental
health treatment programs in order to ensure that inmates of
all security levels with serious mental illness have access to
an appropriate level of care.
``(d) Training for Bureau of Prisons Staff.--
``(1) Training.--All employees of the Bureau of Prisons or
any facility that contracts with the Bureau of Prisons to
provide housing for inmates in Federal custody who interact
with inmates on a regular basis shall be required to complete
training in--
``(A) the recognition of symptoms of mental
illness;
``(B) the potential risks and side effects of
psychiatric medications;
``(C) de-escalation techniques for safely managing
individuals with mental illness;
``(D) consequences of untreated mental illness;
``(E) the long- and short-term psychological
effects of solitary confinement; and
``(F) de-escalation and communication techniques to
divert inmates from situations that may lead to the
inmate being placed in solitary confinement.
``(2) Notification to medical staff.--An employee of the
Bureau of Prisons shall immediately notify a member of the
medical or mental health staff if the employee--
``(A) observes an inmate with signs of mental
illness, unless such employee has knowledge that the
inmate's signs of mental illness have previously been
reported; or
``(B) observes an inmate with signs of mental
health crisis.
``(e) Civil Rights Ombudsman.--
``(1) In general.--Within the Bureau of Prisons, there
shall be a position of the Civil Rights Ombudsman (referred to
in this subsection as the `Ombudsman') and an Office of the
Civil Rights Ombudsman.
``(2) Appointment.--The Ombudsman shall be appointed by the
Attorney General and shall report directly to the Director. The
Ombudsman shall have a background in corrections and civil
rights and shall have expertise on the effects of prolonged
solitary confinement.
``(3) Reporting.--The Director shall ensure that each
Bureau of Prisons facility or any facility that contracts with
the Bureau of Prisons provides multiple internal ways for
inmates and others to promptly report civil rights violations
and violations of this section to the Ombudsman, including--
``(A) not less than 2 procedures for inmates and
others to report civil rights violations and violations
of this section to an entity or office that is not part
of the facility, and that is able to receive and
immediately forward inmate reports to the Ombudsman,
allowing the inmate to remain anonymous upon request;
and
``(B) not less than 2 procedures for inmates and
others to report civil rights abuses and violations of
this section to the Ombudsman in a confidential manner,
allowing the inmate to remain anonymous upon request.
``(4) Notice.--The Director shall ensure that each Bureau
of Prisons facility or any facility that contracts with the
Bureau of Prisons provides inmates with--
``(A) notice of how to report civil rights
violations and violations of this section in accordance
with paragraph (3), including--
``(i) notice prominently posted in the
living and common areas of each such facility;
``(ii) individual notice to inmates at
initial intake into the Bureau of Prisons, when
transferred to a new facility, and when placed
in solitary confinement;
``(iii) notice to inmates with disabilities
in accessible formats; and
``(iv) written or verbal notice in a
language the inmate understands; and
``(B) notice of permissible practices related to
solitary confinement in the Bureau of Prisons,
including the requirements of this section.
``(5) Functions.--The Ombudsman shall--
``(A) review all complaints the Ombudsman receives;
``(B) investigate all complaints that allege a
civil rights violation or violation of this section;
``(C) refer all possible violations of law to the
Department of Justice;
``(D) refer to the Director allegations of
misconduct involving Bureau of Prisons staff;
``(E) identify areas in which the Bureau of Prisons
can improve the Bureau's policies and practices to
ensure that the civil rights of inmates are protected;
``(F) identify areas in which the Bureau of Prisons
can improve the solitary confinement policies and
practices of the Bureau and reduce the use of solitary
confinement; and
``(G) propose changes to the policies and practices
of the Bureau of Prisons to mitigate problems and
address issues the Ombudsman identifies.
``(6) Access.--The Ombudsman shall have unrestricted access
to Bureau of Prisons facilities and any facility that contracts
with the Bureau of Prisons and shall be able to speak privately
with inmates and staff.
``(7) Annual reports.--
``(A) Objectives.--Not later than December 31 of
each year, the Ombudsman shall submit to the Committee
on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on
the activities of the Office of the Ombudsman for the
fiscal year ending in such calendar year.
``(B) Contents.--Each report submitted under
subparagraph (A)--
``(i) contain full and substantive
analysis, in addition to statistical
information;
``(ii) identify the recommendations the
Office of the Ombudsman has made on addressing
reported civil rights violations and violations
of this section and reducing the use and
improving the practices of solitary confinement
in the Bureau of Prisons;
``(iii) contain a summary of problems
relating to reported civil rights violations
and violations of this section, including a
detailed description of the nature of such
problems and a breakdown of where the problems
occur among Bureau of Prisons facilities and
facilities that contract with the Bureau of
Prisons;
``(iv) contain an inventory of the items
described in clauses (ii) and (iii) for which
action has been taken and the result of such
action;
``(v) contain an inventory of the items
described in clauses (ii) and (iii) for which
action remains to be completed and the period
during which each item has remained on such
inventory;
``(vi) contain an inventory of the items
described in clauses (ii) and (iii) for which
no action has been taken, the period during
which each item has remained on such inventory,
the reasons for the inaction, and shall
identify any official of the Bureau of Prisons
who is responsible for such inaction;
``(vii) contain recommendations for such
legislative or administrative action as may be
appropriate to resolve problems identified in
clause (iii); and
``(viii) include such other information as
the Ombudsman determines necessary.
``(C) Submission of reports.--Each report required
under this paragraph shall be provided directly to the
Committees described in subparagraph (A) without any
prior review, comment, or amendment from the Director
or any other officer or employee of the Department of
Justice or Bureau of Prisons.
``(8) Regular meetings with the director of the bureau of
prisons.--The Ombudsman shall meet regularly with the Director
to identify problems with reported civil rights violations and
the solitary confinement policies and practices of the Bureau
of Prisons, including overuse of solitary confinement, and to
present recommendations for such administrative action as may
be appropriate to resolve problems relating to reported civil
rights violations and the solitary confinement policies and
practices of the Bureau of Prisons.
``(9) Responsibilities of bureau of prisons.--The Director
shall establish procedures requiring that, not later than 3
months after the date on which a recommendation is submitted to
the Director by the Ombudsman, the Director or other
appropriate employee of the Bureau of Prisons issue a formal
response to the recommendation.
``(10) Non-application of the prison litigation reform
act.--Inmate reports sent to the Ombudsman shall not be
considered an administrative remedy under section 7(a) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997e(a)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by inserting
after the item relating to section 4049 the following:
``4051. Solitary confinement.''.
SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH.
Not later than 180 days after the date of enactment of this Act,
the Director of the Bureau of Prisons shall--
(1) assemble a team of licensed mental health
professionals, which may include licensed mental health
professionals who are not employed by the Bureau of Prisons, to
conduct a comprehensive mental health reevaluation for each
inmate held in solitary confinement for more than 30 days as of
the date of enactment of this Act, including a confidential,
face-to-face, out-of-cell interview by a licensed mental health
professional; and
(2) adjust the placement of each inmate in accordance with
section 4051(c) of title 18, United States Code, as added by
section 2.
SEC. 4. DIRECTOR OF BUREAU OF PRISONS.
Section 4041 of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the ``The
Bureau of Prisons shall be''; and
(2) by adding at the end the following:
``(b) Ombudsman.--The Director of the Bureau of Prisons shall--
``(1) meet regularly with the Ombudsman appointed under
section 4051(e) to identify how the Bureau of Prisons can
address reported civil rights violations and reduce the use of
solitary confinement and correct problems in the solitary
confinement policies and practices of the Bureau;
``(2) conduct a prompt and thorough investigation of each
referral from the Ombudsman under section 4051(e)(5)(D), after
each such investigation take appropriate disciplinary action
against any Bureau of Prisons employee who is found to have
engaged in misconduct or to have violated Bureau of Prisons
policy, and notify the Ombudsman of the outcome of each such
investigation; and
``(3) establish procedures requiring a formal response by
the Bureau of Prisons to any recommendation of the Ombudsman in
the annual report submitted under section 4051(e)(6) not later
than 90 days after the date on which the report is submitted to
Congress.''.
SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINEMENT.
Section 4047 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Prison Solitary Confinement Assessments.--
``(1) In general.--Not later than March 31 of each year,
the Director of the Bureau of Prisons shall prepare and
transmit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives
an annual assessment of the use of solitary confinement by the
Bureau of Prisons, as defined in section 4051(a).
``(2) Contents.--Each assessment submitted under paragraph
(1) shall include--
``(A) the policies and regulations of the Bureau of
Prisons, including any changes in policies and
regulations, for determining which inmates are placed
in each form of solitary confinement, or housing in
which an inmate is separated from the general
population in use during the reporting period, and a
detailed description of each form of solitary
confinement in use, including all maximum and high
security facilities, all special housing units, all
special management units, all Administrative Maximum
facilities, including the United States Penitentiary
Administrative Maximum in Florence, Colorado, and all
Communication Management Units;
``(B) the number of inmates in the custody of the
Bureau of Prisons who are housed in each type of
solitary confinement for any period and the percentage
of all inmates who have spent at least some time in
each form of solitary confinement during the reporting
period;
``(C) the demographics of all inmates housed in
each type of solitary confinement described in
subparagraph (A), including race, ethnicity, religion,
age, and gender;
``(D) the policies and regulations of the Bureau of
Prisons, including any updates in policies and
regulations, for subsequent reviews or appeals of the
placement of an inmate into or out of solitary
confinement;
``(E) the number of reviews of and challenges to
each type of solitary confinement placement described
in subparagraph (A) conducted during the reporting
period and the number of reviews or appeals that
directly resulted in a change of placement;
``(F) the general conditions and restrictions for
each type of solitary confinement described in
subparagraph (A), including the number of hours spent
in `isolation,' or restraint, for each, and the
percentage of time these conditions involve single-
inmate housing;
``(G) the mean and median length of stay in each
form of solitary confinement described in subparagraph
(A), based on all individuals released from solitary
confinement during the reporting period, including
maximum and high security facilities, special housing
units, special management units, the Administrative
Maximum facilities, including the United States
Penitentiary Administrative Maximum in Florence,
Colorado, Communication Management Units, and any
maximum length of stay during the reporting period;
``(H) the number of inmates who, after a stay of 5
or more days in solitary confinement, were released
directly from solitary confinement to the public during
the reporting period;
``(I) the cost for each form of solitary
confinement described in subparagraph (A) in use during
the reporting period, including as compared with the
average daily cost of housing an inmate in the general
population;
``(J) statistics for inmate assaults on
correctional officers and staff of the Bureau of
Prisons, inmate-on-inmate assaults, and staff-on-inmate
use of force incidents in the various forms of solitary
confinement described in subparagraph (A) and
statistics for such assaults in the general population;
``(K) the policies for mental health screening,
mental health treatment, and subsequent mental health
reviews for all inmates, including any update to the
policies, and any additional screening, treatment, and
monitoring for inmates in solitary confinement;
``(L) a statement of the types of mental health
staff that conducted mental health assessments for the
Bureau of Prisons during the reporting period, a
description of the different positions in the mental
health staff of the Bureau of Prisons, and the number
of part- and full-time psychologists and psychiatrists
employed by the Bureau of Prisons during the reporting
period;
``(M) data on mental health and medical indicators
for all inmates in solitary confinement, including--
``(i) the number of inmates requiring
medication for mental health conditions;
``(ii) the number diagnosed with an
intellectual disability;
``(iii) the number diagnosed with serious
mental illness;
``(iv) the number of suicides;
``(v) the number of attempted suicides and
number of inmates placed on suicide watch;
``(vi) the number of instances of self-harm
committed by inmates;
``(vii) the number of inmates with physical
disabilities, including blind, deaf, and
mobility-impaired inmates; and
``(viii) the number of instances of forced
feeding of inmates; and
``(N) any other relevant data.''.
SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CONFINEMENT REDUCTION AND
REFORM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means an entity, or a partnership of entities, that
has demonstrated expertise in the fields of--
(1) solitary confinement, including the reduction and
reform of its use; and
(2) providing technical assistance to corrections agencies
on how to reduce and reform solitary confinement.
(b) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Bureau of Justice Assistance shall enter
into a cooperative agreement, on a competitive basis, with an eligible
entity for the purpose of establishing a coordinating center for State,
local, and Federal corrections systems, which shall conduct activities
such as--
(1) provide on-site technical assistance and consultation
to Federal, State, and local corrections agencies to safely
reduce the use of solitary confinement;
(2) act as a clearinghouse for research, data, and
information on the safe reduction of solitary confinement in
prisons and other custodial settings, including facilitating
the exchange of information between Federal, State, and local
practitioners, national experts, and researchers;
(3) create a minimum of 10 learning sites in Federal,
State, and local jurisdictions that have already reduced their
use of solitary confinement and work with other Federal, State,
and local agencies to participate in training, consultation,
and other forms of assistance and partnership with these
learning sites;
(4) conduct evaluations of jurisdictions that have
decreased their use of solitary confinement to determine best
practices;
(5) conduct research on the effectiveness of alternatives
to solitary confinement, such as step-down or transitional
programs, strategies to reintegrate inmates into general
population, the role of officers and staff culture in reform
efforts, and other research relevant to the safe reduction of
solitary confinement;
(6) develop and disseminate a toolkit for systems to reduce
the excessive use of solitary confinement;
(7) develop and disseminate an online self-assessment tool
for State and local jurisdictions to assess their own use of
solitary confinement and identify strategies to reduce its use;
and
(8) conduct public webinars to highlight new and promising
practices.
(c) Administration.--The program under this section shall be
administered by the Bureau of Justice Assistance.
(d) Report.--On an annual basis, the coordinating center shall
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on its
activities and any changes in solitary confinement policy at the
Federal, State, or local level that have resulted from its activities.
(e) Duration.--The Bureau of Justice Assistance shall enter into a
cooperative agreement under this section for 5 years.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) to the Director of the Bureau of Prisons such sums as
may be necessary to carry out sections 2, 3, 4, and 5, and the
amendments made by such sections; and
(2) to the Bureau of Justice Assistance such sums as may be
necessary to carry out section 6.
SEC. 8. NOTICE AND COMMENT REQUIREMENT.
The Director of the Bureau of Prisons shall prescribe rules, in
accordance with section 553 of title 5, United States Code, to carry
out this Act and the amendments made by this Act.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect 18 months after the date of enactment of
this Act.
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