Solitary confinement reforms

(a)

Amendment

Chapter 303 of title 18, United States Code, is amended by adding at the end the following:

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.