[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7424 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7424

To reduce instances of placement of inmates in restrictive housing, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2022

 Mr. Gohmert introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To reduce instances of placement of inmates in restrictive housing, 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 of 
2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Restrictive housing takes many forms, and the 
        experience in segregation can vary considerably depending on 
        certain external factors, such as the length of stay, 
        conditions of confinement, and degree of social isolation, as 
        well as factors specific to each confined person, such as age 
        and psychological resiliency.
            (2) Confined individuals located in restrictive housing 
        broadly express severe psychological disturbances with lasting 
        detrimental consequences as a result of their experience in 
        security housing units. The Stanford Lab's interviews revealed 
        a range of common impairments and adverse consequences 
        associated with long-term, indefinite incarceration.
            (3) The majority of confined members endorsed feeling mood 
        symptoms consistent with the Diagnostic and Statistical Manual 
        of Mental Disorders (DSM 5) diagnosis of Major Depressive 
        Disorder, including depressed mood, hopelessness, anger, 
        irritability, anhedonia, anger, fatigue, feelings of guilt, 
        loss of appetite, and insomnia.
            (4) Nearly all members also endorsed a sense of anxiety 
        symptoms characteristic of DSM 5 diagnoses of panic disorder, 
        traumatic stress disorders, and/or obsessive-compulsive 
        disorders, such as nervousness, worry, increased heart rate and 
        respiration, sweating, muscle tension, hyperarousal, paranoia, 
        nightmares, intrusive thoughts, and fear of losing control.
            (5) Psychiatric symptoms and diminished capacity for 
        socialization continue to cause psychological suffering and 
        problems with social function for most of the men now in 
        general population.
            (6) Confined members cited emotional numbing and 
        desensitization as some of the most common responses to living 
        in SHU.
            (7) This sense of emotional suppression and dysregulation 
        continues to be problematic for prisoners following the 
        transition to the general population. Class members also 
        reported significant alterations in cognition and perception.
            (8) Problems with attention, concentration, and memory were 
        common, and described as persistent and worsening.
            (9) Some of the most pronounced and enduring effects of 
        long-term isolation appeared to have resulted from relational 
        estrangement and social isolation; prisoners frequently 
        reported losing, over time, the motivation to seek social 
        connection.

SEC. 3. LIMITATIONS ON CONFINEMENT.

    (a) In General.--Inmates shall be housed in the least restrictive 
setting necessary to ensure their own safety, as well as the safety of 
staff, other inmates, and the public.
    (b) Reasoning.--The head of a covered facility shall clearly 
articulate each specific reason for an inmate's placement and retention 
in restrictive housing. Each such reason shall be supported by 
objective evidence that such placement and retention is necessary--
            (1) for prison safety or order;
            (2) to prevent gang influence;
            (3) for inmate or staff protection; and
            (4) such other penological purpose as the head of such 
        facility may determine is appropriate.
    (c) Penological Purpose.--Restrictive housing may only be used to 
eliminate or mitigate a specific facility threat such as a fight 
between inmates or the threat of imminent danger to inmates or staff.
    (d) Limitation.--
            (1) In general.--Inmates shall remain in restrictive 
        housing for no longer than necessary to address each specific 
        reason for such placement.
            (2) Punishment.--Inmates may not be placed in restrictive 
        housing--
                    (A) as a form of punishment or deterrence;
                    (B) for low-level offenses that do not involve 
                physical violence to staff or inmates; or
                    (C) for more than 5 days as a part of a routine 
                investigation or more than 15 days as part of a non-
                routine investigation, as determined by the Official 
                concerned, absent documented extenuating circumstances.

SEC. 4. REVIEW OF PLACEMENT.

    (a) In General.--An institutional review panel of a covered 
facility shall review the placement of an inmate in restrictive housing 
not later than 15 days after such placement and not less than every 15 
days thereafter until such time as the inmate is removed from 
restrictive housing.
    (b) Removal Plan.--The head of each covered facility shall make a 
plan for the return of the inmate to less restrictive conditions and 
shall share such plan with the inmate, unless sharing such plan would 
put the health and safety of the inmate, staff, other inmates, or the 
public at risk.

SEC. 5. EMPLOYEE TRAINING.

    (a) In General.--The Official concerned shall ensure that the staff 
of each facility is trained on use of force and restrictive housing 
policies not less than quarterly.
    (b) Housing Policy Training.--The Official concerned shall ensure 
that the staff of each covered facility complies with restrictive 
housing policies and that such policies are reflected in employee 
evaluation systems.
    (c) Standing Committees.--
            (1) In general.--The Official concerned shall establish in 
        each covered facility a standing committee, consisting of high-
        level correctional officials, active or retired, to regularly 
        evaluate existing restrictive housing policies.
            (2) Duties.--Each standing committee shall--
                    (A) review use of force and abuse allegations to 
                include body cam footage and closed-circuit video 
                footage of any use of force or abuse allegation;
                    (B) submit redacted written recommendations on 
                preventing unlawful use of force or abuse to--
                            (i) the Department of Justice;
                            (ii) the Committees on the Judiciary of the 
                        House of Representatives and the Senate; and
                            (iii) the Committees on Armed Services of 
                        the House of Representatives and the Senate; 
                        and
                    (C) assist covered facilities in developing safe 
                and effective alternatives to restrictive housing and 
                share with other covered facilities and State prison 
                facilities best practices for use of force to ensure 
                safety for staff and confined individuals.

SEC. 6. GRADUAL RETURN TO GENERAL POPULATION.

    (a) In General.--Absent a compelling reason as determined by the 
Official concerned, the head of a covered facility may not release 
inmates directly from restrictive housing to the general inmate 
population.
    (b) Graduated System.--The head of a covered facility shall consult 
with mental health professionals to ensure that shock of removal from 
isolation will not cause harm to the confined individual or the general 
inmate population.

SEC. 7. ENRICHMENT OPPORTUNITIES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, each Official concerned shall establish policies 
to increase the minimum amount of time inmates in restrictive housing 
spend outside their cells to 3 hours per day, including weekends and 
holidays, and to offer enhanced in-cell opportunities.
    (b) Minimum Restraint.--The Official concerned shall afford to 
individuals in restrictive housing educational opportunities, using the 
minimum amount of protective restraint necessary to ensure safety of 
staff, population, and educational professionals.
    (c) Out-of-Cell Time.--The Official concerned shall make available 
to the inmates opportunities for recreation, education, clinically 
appropriate treatment therapies, skill-building, and social interaction 
with staff and other inmates.
    (d) Lower-Risk Individuals.--The Official concerned shall ensure 
that lower-risk individuals may conduct recreation time in such group 
size as the facility determines appropriate.
    (e) Expansion.--The Official concerned shall increase the ability 
of covered facilities to divert inmates with serious mental illness to 
mental health treatment programs or facilities when needed to serve the 
interest of the facility and the inmate.
    (f) Final Days of Imprisonment.--The Official concerned shall 
establish policies to--
            (1) prohibit the placement of inmates in restrictive 
        housing during the final 180 days of the term of imprisonment 
        of such inmate; and
            (2) provide targeted re-entry programming for inmates who 
        require restrictive housing during the such final 180-day 
        period.
    (g) Posting Policies.--The head of each covered facility shall post 
the policies established under subsection (a) in an area of the 
facility that is frequented by inmates and staff.
    (h) Statistics.--The Official concerned shall publish system-wide 
restrictive housing statistics on a monthly basis on the website of the 
agency under that Official's jurisdiction and on websites for effected 
covered facilities. The statistics shall include the total number of 
inmates in restrictive housing, disaggregated by--
            (1) the number of inmates who--
                    (A) remained in such housing for more than 90 days;
                    (B) remained in such housing for more than 180 
                days; and
                    (C) remained in such housing for more than 364 
                days; and
            (2) the number of inmates in disciplinary segregation and 
        the number of inmates in administrative detention.

SEC. 8. CONFINEMENT REQUIREMENTS.

    (a) In General.--The Official concerned and the head of any State 
prison used for the detention of persons held under authority of any 
Act of Congress, shall--
            (1) submit data on restrictive housing to the Department of 
        Justice and the Committees on Armed Services and on the 
        Judiciary of the Senate and the House of Representatives on a 
        quarterly basis;
            (2) finalize upgrades in data collection software to 
        improve tracking of restrictive housing inmates; and
            (3) require body cams to be worn by correctional staff 
        interacting with confined population in restrictive housing for 
        any forced movement or physical interaction.
    (b) Presumption.--In determining whether placement in restrictive 
housing is appropriate, it shall be presumed that an inmate shall be 
housed in the least restrictive setting necessary to ensure safety, and 
that inmates in restrictive housing shall be returned to general 
population as soon as it is safe to do so.

SEC. 9. VIOLATIONS.

    (a) In General.--
            (1) BOP violations.--In the case of a Bureau of Prisons 
        facility that violates the policy established by the Attorney 
        General under section 7, the Attorney General may--
                    (A) reduce the funding provided to the violating 
                facility by such amount as the Attorney General 
                determines appropriate and increase the amount provided 
                to facilities in compliance by an amount that is equal 
                to the amount of such reduction;
                    (B) suspend staff found to be involved in a 
                violation of such policy with or without pay; or
                    (C) terminate staff found to be involved in a 
                violation of such policy if such violation is 
                considered substantially detrimental to the goals of 
                such policy.
            (2) DOD violations.--In the case of a prison facility of 
        the Department of Defense that violates the policy established 
        by the Secretary of Defense under section 7, the Secretary 
        may--
                    (A) reduce the funding provided to the violating 
                facility by such amount as the Secretary determines 
                appropriate and increase the amount provided to 
                facilities in compliance by an amount that is equal to 
                the amount of such reduction;
                    (B) suspend staff found to be involved in a 
                violation of such policy with or without pay; or
                    (C) terminate staff found to be involved in a 
                violation of such policy if such violation is 
                considered substantially detrimental to the goals of 
                such policy.
            (3) Other prison facility violations.--In the case of a 
        covered facility described in section 11(1)(C) that violates 
        the policy established by the Director of the Bureau of Prisons 
        under section 7, the Attorney General may--
                    (A) in the case of--
                            (i) a facility described in clause (i) of 
                        such section, decline to extend or renew any 
                        contract or agreement with the prison facility 
                        or condition such an extension or renewal on 
                        compliance with such policy; or
                            (ii) a facility described in clause (ii) of 
                        such section, reduce the funding provided to 
                        the violating facility by such amount as the 
                        Attorney General determines appropriate and 
                        increase the amount provided to facilities in 
                        compliance by an amount that is equal to the 
                        amount of such reduction;
                    (B) call for the suspension of staff found to be 
                involved in a violation of such policy with or without 
                pay; or
                    (C) call for the termination of staff found to be 
                involved in a violation of such policy if such 
                violation is considered substantially detrimental goals 
                of such policy.
    (b) Adjudication.--Any covered facility or employee accused of a 
violation of the policy established by the Official concerned under 
section 7 shall, after notice and an opportunity to be heard by the 
standing committee of such facility and subject to approval by such 
Official, be subject to the penalties under subsection (a).
    (c) Conflict of Interest.--Any conflicted parties shall recuse 
themselves from the proceeding before the standing committee and a new 
impartial member shall be appointed to the committee to serve in this 
capacity for the duration of the proceeding. Any conflict of interest 
shall be disclosed in writing and preserved within the recommendation 
notes.

SEC. 10. REVISION OF DEPARTMENT OF DEFENSE POLICIES AND GUIDANCE.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of Defense shall revise Department of Defense Instruction 
1325.07 (Administration of Military Correctional Facilities and 
Clemency and Parole Authority), and any related policies and guidance 
of the Department, to conform to the requirements of this Act.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Covered facility.--The term ``covered facility'' 
        means--
                    (A) a prison facility under the jurisdiction of the 
                Bureau of Prisons;
                    (B) a prison facility under the jurisdiction of the 
                Department of Defense; and
                    (C) any prison facility under the jurisdiction of a 
                State or unit of local government--
                            (i) in which persons are held in custody 
                        pursuant to a contract or agreement with the 
                        Federal Government; and
                            (ii) that receives Federal funds for law 
                        enforcement purposes.
            (2) Inmate.--The term ``inmate'' means an inmate serving a 
        term of imprisonment in a covered facility.
            (3) Institutional review panel.--The term ``institutional 
        review panel'' means a panel composed of--
                    (A) the leadership of a covered facility; and
                    (B) medical professionals and mental health 
                professionals who are employed by and work outside of 
                such facility.
            (4) Non-routine investigation.--The term ``non-routine 
        investigation'' means any investigation that addresses a grave 
        risk of safety and security of the facility, such as a riot, 
        killing, or terror attack.
            (5) Official concerned.--The term ``Official concerned'' 
        means--
                    (A) the Attorney General, acting through the 
                Director of the Bureau of Prisons, with respect to 
                prison facilities under the jurisdiction of the Bureau 
                of Prisons;
                    (B) the Secretary of Defense, with respect to 
                prison facilities under the jurisdiction of the 
                Department of Defense;
                    (C) the chief executive of a State or unit of local 
                government, with respect to prison facilities under the 
                jurisdiction of such State or unit of local government.
            (6) Restrictive housing.--The term ``restrictive housing'' 
        means any housing in which an inmate is removed from general 
        population housing to housing with little to no contact with 
        others for a disciplinary purpose.
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