[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5038 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5038

     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

                           September 29, 2022

Mr. Durbin (for himself, Mr. Coons, Mr. Booker, Mr. Leahy, Mr. Schatz, 
 Mr. Murphy, 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. 4052. 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 defined under section 3 of the National Security 
                Act of 1947 (50 U.S.C. 3003)) 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 defined under section 3 of 
                the National Security Act of 1947 (50 U.S.C. 3003)), 
                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) shall--
                            ``(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 4051 the following:

``4052. 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 4052(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 4052(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 4052(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 4052(e)(7) 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, as 
        defined in section 4052(a), by the Bureau of Prisons.
            ``(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 described in subparagraph (A) 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) providing on-site technical assistance and consultation 
        to Federal, State, and local corrections agencies to safely 
        reduce the use of solitary confinement;
            (2) acting 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) creating 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) conducting evaluations of jurisdictions that have 
        decreased their use of solitary confinement to determine best 
        practices;
            (5) conducting 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) developing and disseminating a toolkit for systems to 
        reduce the excessive use of solitary confinement;
            (7) developing and disseminating 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) conducting 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.
                                 <all>