[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4121 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4121

     To reform the use of solitary confinement and other forms of 
  restrictive housing in the Bureau of Prisons and the United States 
               Marshals Service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2024

  Mr. Durbin (for himself, Mr. Coons, and Mr. Schatz) 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 the United States 
               Marshals Service, 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 United States Penitentiary 
        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 separation of an 
        inmate from the general population of a correctional facility 
        for--
                    ``(A) investigative, protective, or preventative 
                reasons resulting from 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) Covered facility.--The term `covered facility' 
        means--
                    ``(A) with respect to the Bureau of Prisons, a 
                facility under the administration of the Bureau of 
                Prisons, or a facility under contract with the Bureau 
                of Prisons to provide housing for inmates in Federal 
                custody; or
                    ``(B) a facility under contract with the United 
                States Marshals Service to provide housing for inmates 
                in Federal custody.
            ``(5) Disciplinary hearing officer.--The term `disciplinary 
        hearing officer' means an individual who--
                    ``(A) in the case of--
                            ``(i) the Bureau of Prisons or the United 
                        States Marshals Service, is an employee who is 
                        a supervisory or administrative officer who is 
                        employed in the office of the regional 
                        director, central office, or district office; 
                        or
                            ``(ii) a facility that contracts with the 
                        Bureau of Prisons or the United States Marshals 
                        Service, is the designee of the Director of the 
                        Bureau of Prisons or the Director of the United 
                        States Marshals Service; and
                    ``(B) 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 form of separation from the general 
        population of a facility imposed only by a disciplinary hearing 
        officer as a response to an inmate committing a significant and 
        serious disciplinary infraction.
            ``(7) Intellectual disability.--The term `intellectual 
        disability' means a mental impairment characterized by 
        significant limitations in both intellectual functioning and 
        adaptive behavior.
            ``(8) Mental illness.--The term `mental illness' means a 
        diagnosable mental, behavioral, or emotional disorder that--
                    ``(A) is of sufficient duration to meet diagnostic 
                criteria within the most recent edition of the 
                Diagnostic and Statistical Manual of Mental Disorders 
                published by the American Psychiatric Association; and
                    ``(B) has resulted in functional impairment that 
                substantially interferes with or limits 1 or more major 
                life activities.
            ``(9) Multidisciplinary staff committee.--The term 
        `multidisciplinary staff committee' means a committee--
                    ``(A) comprised 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.
            ``(10) Ombudsman.--The term `Ombudsman' means the Ombudsman 
        for the Civil Rights of Incarcerated People established in 
        subsection (e).
            ``(11) Ongoing significant and serious threat.--The term 
        `ongoing significant and serious threat' means an ongoing set 
        of circumstances that requires the highest level of security 
        and staff supervision for an inmate who--
                    ``(A) has engaged in assaultive, predacious, or 
                riotous behavior, or seriously attempted escape; and
                    ``(B) poses a specific risk of physical injury to 
                other inmates, staff, or the public.
            ``(12) 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.
            ``(13) 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.
            ``(14) 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;
                    ``(C) possession of weapons; or
                    ``(D) possession of illegal narcotics with intent 
                to distribute.
            ``(15) 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 
        or the United States Marshals Service as a special housing 
        unit, a special management unit, an administrative maximum 
        facility, or any other housing area that is separate from or in 
        any way more restrictive than the general population of the 
        facility in terms of hours out of cell, programming, services, 
        congregate engagement with other people, visits, 
        communications, items, or any other aspect of daily living.
            ``(16) Special administrative measures.--The term `special 
        administrative measures' means 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 
                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 of the Bureau of Prisons 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.
            ``(17) Special housing unit.--The term `special housing 
        unit' means a housing unit in a covered facility, 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.
            ``(18) 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.
            ``(19) 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 physical 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 a covered facility 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, which may 
                include work assignments, staff-led programs, peer-led 
                programs, volunteer programs, time in a day room or 
                recreation area with at least several other people, 
                meals, or other similar congregate activities with at 
                least several other people in a group setting conducive 
                to meaningful human interaction, 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 work assignments and programming 
                opportunities and privileges as consistent with those 
                available in the general population as practicable, 
                either individually or in a congregate setting;
                    ``(D) allows the inmate to have as much meaningful 
                interaction with others, such as other inmates, 
                visitors, clergy, licensed mental and physical health 
                professionals, or through social and legal telephone 
                calls, as practicable;
                    ``(E) allows the inmate access to all routine and 
                emergency medical services; and
                    ``(F) complies with the provisions of this section.
            ``(2) Transitional process for inmates in solitary 
        confinement.--
                    ``(A) Inmates with upcoming release dates.--The 
                Director of the Bureau of Prisons 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 of the Bureau of Prisons and the Director 
                of the United States Marshals Service shall each 
                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 of the Bureau 
        of Prisons and the Director of the United States Marshals 
        Service--
                    ``(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;
                    ``(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; and
                    ``(E) shall provide any inmate in protective 
                custody access to all of the equivalent programs, 
                services, amenities, including access to communication, 
                and conditions as people in the general population of 
                the facility.
            ``(4) Vulnerable populations.--A covered facility may not 
        place an inmate in solitary confinement if--
                    ``(A) the inmate is 21 years of age or younger, is 
                60 years of age or older, has a serious mental illness 
                or disability (as defined in section 3 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12102)), has 
                been determined by a licensed mental health 
                professional to likely be significantly adversely 
                affected by placement in solitary confinement, is 
                pregnant or in the first 8 weeks of the postpartum 
                recovery period after giving birth, or is caring for a 
                child in a facility program, 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), if the 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) Limitations on the use of restraints and other 
        requirements.--The Director of the Bureau of Prisons and the 
        Director of the United States Marshals Service, or any facility 
        that contracts with the Bureau of Prisons or the United States 
        Marshals Service, shall ensure that--
                    ``(A) no inmate, including individuals in solitary 
                confinement, shall be placed in restraints during out-
                of-cell time, unless--
                            ``(i) determined to be necessary for 
                        safety, security, or mitigation of flight risk 
                        during the transportation of an inmate;
                            ``(ii) an individualized determination is 
                        made at the time that restraints are necessary 
                        to prevent a specific, significant, and 
                        unreasonable risk of imminent serious physical 
                        injury to other inmates or staff based on 
                        concrete and reasonable evidence of such risk; 
                        and
                            ``(iii) the least restrictive form of 
                        restraints shall be used for no longer than 
                        necessary to abate such imminent harm, provided 
                        that--
                                    ``(I) restraints may not be used 
                                for more than 2 hours unless a 
                                determination is made that there is an 
                                ongoing significant and serious threat 
                                of imminent serious physical injury to 
                                other inmates or staff, at which time 
                                the regional director shall be notified 
                                about the continued use of restraints;
                                    ``(II) any continued use of 
                                restraints shall be meaningfully 
                                reviewed at least every 12 hours and 
                                discontinued once restraints are no 
                                longer necessary to prevent an ongoing 
                                significant and serious threat of 
                                imminent serious physical injury to 
                                other inmates or staff and at each 12-
                                hour interval, the regional director 
                                shall be notified about the continued 
                                use of restraints; and
                                    ``(III) restraints shall not be 
                                used for more than 3 days, unless the 
                                Director of the Bureau of Prisons or 
                                the Director of the United States 
                                Marshals Service, as applicable, or a 
                                designee--
                                            ``(aa) provides prior 
                                        approval for the use of 
                                        restraints for more than 3 
                                        days;
                                            ``(bb) makes a written 
                                        finding that the continued use 
                                        of restraints is necessary to 
                                        prevent an ongoing significant 
                                        and serious risk of imminent 
                                        serious physical injury to 
                                        other inmates or staff; and
                                            ``(cc) if restraints 
                                        continue to be used for more 
                                        than 5 days, at least every 3 
                                        days, reviews and approves the 
                                        continued use of restraints; 
                                        and
                    ``(B) no limitation on access to services, 
                treatment, visiting, or basic needs, such as provision 
                of clothing, food, and bedding, shall be imposed as a 
                form of punishment or for any other reason except where 
                there is an ongoing significant and serious threat to 
                the physical safety of the inmate, other inmates, or 
                staff;
                    ``(C) no restricted diet or any other change in 
                diet shall be imposed as a form of punishment; and
                    ``(D) an inmate shall--
                            ``(i) always have access to any authorized 
                        personal property belonging to the inmate; and
                            ``(ii) regardless of the unit the inmate is 
                        housed in or the status the inmate has been 
                        assigned, always have access to the commissary 
                        and to contact visitation with visitors, except 
                        where there is a specific significant risk to 
                        the physical safety of the inmate, other 
                        inmates, staff, or the public.
            ``(6) Special housing units.--The Director of the Bureau of 
        Prisons, the Director of the United States Marshals Service, 
        and any facility that contracts with the Bureau of Prisons or 
        the United States Marshals Service 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 address an inmate 
                        who has been found to have committed a 
                        significant and serious disciplinary infraction 
                        by a disciplinary hearing officer and poses an 
                        ongoing significant and serious threat, and 
                        alternative sanctions would not adequately 
                        regulate the behavior of the inmate;
                            ``(ii) in the case of a prohibited act 
                        categorized as a 400-level prohibited act under 
                        section 541.3 of title 28, Code of Federal 
                        Regulations, or any successor thereto, by 
                        prohibiting the use of disciplinary 
                        segregation;
                            ``(iii) in the case of a prohibited act 
                        categorized as a 300-level prohibited act under 
                        section 541.3 of title 28, Code of Federal 
                        Regulations, or any successor thereto, by--
                                    ``(I) prohibiting the use of 
                                disciplinary segregation for the first 
                                such prohibited act; and
                                    ``(II) limiting disciplinary 
                                segregation to a duration of not more 
                                than 15 days, for a second or 
                                subsequent such prohibited act;
                            ``(iv) in the case of a prohibited act 
                        categorized as a 200-level prohibited act under 
                        section 541.3 of title 28, Code of Federal 
                        Regulations, or any successor thereto, by--
                                    ``(I) limiting disciplinary 
                                segregation to a duration of not more 
                                than 30 days, for the first such 
                                prohibited act; and
                                    ``(II) limiting disciplinary 
                                segregation to a duration of not more 
                                than 60 days, for a second or 
                                subsequent such prohibited act;
                            ``(v) in the case of a prohibited act 
                        categorized as a 100-level prohibited act under 
                        section 541.3 of title 28, Code of Federal 
                        Regulations, or any successor thereto, by--
                                    ``(I) limiting disciplinary 
                                segregation to a duration of not more 
                                than 60 days, for the first such 
                                prohibited act; and
                                    ``(II) limiting disciplinary 
                                segregation to a duration of not more 
                                than 90 days, for a second or 
                                subsequent such prohibited act; and
                            ``(vi) in addition to any other limitation 
                        under this subparagraph, limiting disciplinary 
                        segregation to a duration of not more than 30 
                        consecutive days, and not more than 40 days in 
                        any 60-day period, unless a multidisciplinary 
                        staff committee, in consultation with the 
                        disciplinary hearing officer who presided over 
                        the disciplinary hearing for the inmate, 
                        determines that the significant and serious 
                        disciplinary infraction which the inmate was 
                        found to have committed is of such an egregious 
                        and violent nature that a longer sanction is 
                        appropriate and approves a longer sanction;
                    ``(C) ensure that any time spent in administrative 
                segregation during an investigation into an alleged 
                offense is for as short a duration as possible, is not 
                longer than 15 consecutive days, and 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.
            ``(7) Special management units.--The Director of the Bureau 
        of Prisons shall eliminate the use of special management units.
            ``(8) Administrative maximum facilities.--The Director of 
        the Bureau of Prisons 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 has been found 
                        to have committed a significant and serious 
                        disciplinary infraction by a disciplinary 
                        hearing officer and 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.
            ``(9) Right to review placement in solitary confinement.--
        The Director of the Bureau of Prisons, the Director of the 
        United States Marshals Service, or any facility that contracts 
        with the Bureau of Prisons or the United States Marshals 
        Service, shall ensure that no inmate shall be placed in 
        solitary confinement without--
                    ``(A) written notice provided to the inmate 
                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;
                            ``(ii) thorough documentation explaining 
                        the reason an exception applied if--
                                    ``(I) an exception under paragraph 
                                (2)(A), (3)(D), (4)(A), (6)(A), or 
                                (6)(B) is used to justify placement or 
                                continued placement in solitary 
                                confinement; or
                                    ``(II) an exception under paragraph 
                                (1) is used to justify increased 
                                restrictive conditions in solitary 
                                confinement; and
                            ``(iii) thorough documentation explaining a 
                        clear plan for returning the individual to less 
                        restrictive conditions as promptly as possible;
                    ``(B) a timely, thorough, and continuous review 
                process that--
                            ``(i) occurs not less than 7 days after 
                        placement in solitary confinement, and 
                        thereafter at least--
                                    ``(I) on a weekly basis for an 
                                inmate in a special housing unit; and
                                    ``(II) on a monthly basis for an 
                                inmate at an administrative maximum 
                                facility;
                            ``(ii) includes private, face-to-face 
                        interviews with a multidisciplinary staff 
                        committee;
                            ``(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), 
                                (6)(A), or (6)(B) used to justify 
                                placement or continued placement in 
                                solitary confinement or any exception 
                                under paragraph (1) used to justify 
                                increased restrictive conditions in 
                                solitary confinement was and remains 
                                warranted; and
                            ``(iv) includes written findings on the 
                        decision for placement in solitary confinement 
                        or continued placement in solitary confinement, 
                        consistent with paragraph (9)(A), that are 
                        electronically retained in the personnel file 
                        of the inmate for not less than 3 years from 
                        the date of placement;
                    ``(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 placement of the inmate in solitary 
                confinement, unless such documents contain contraband, 
                classified information, or sensitive security-related 
                information, maintained in a central electronic 
                database for not less than 3 years.
    ``(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 a covered facility 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 
                except as provided in subsection (b)(4); and
                    ``(B) shall be diverted to a mental health 
                treatment program within the covered facility that 
                provides an appropriate level of care to address the 
                mental health needs of the inmate.
            ``(3) Continuing evaluations.--After each 10-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 of the Bureau of Prisons, the 
                Director of the United States Marshals Service, or any 
                facility that contracts with the Bureau of Prisons or 
                the United States Marshals Service, as applicable, 
                shall adjust the placement of the inmate in accordance 
                with this subsection.
            ``(4) Requirement.--The Director of the Bureau of Prisons, 
        the Director of the United States Marshals Service, and any 
        facility that contracts with the Bureau of Prisons or the 
        United States Marshals Service 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 Covered Facility Staff.--
            ``(1) Training.--All employees of a covered facility 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 a 
        covered facility 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 a mental 
                health crisis.
    ``(e) Ombudsman for the Civil Rights of Incarcerated People.--
            ``(1) In general.--Within the Department of Justice, there 
        shall be a position of the Ombudsman for the Civil Rights of 
        Incarcerated People and an Office of the Ombudsman for the 
        Civil Rights of Incarcerated People.
            ``(2) Appointment.--
                    ``(A) In general.--The Ombudsman shall be appointed 
                by the Attorney General and shall report directly to 
                the Director of the Bureau of Prisons and the Director 
                of the United States Marshals Service.
                    ``(B) Qualifications.--The Ombudsman shall have a 
                background in corrections and civil rights and shall 
                have expertise on the effects of prolonged solitary 
                confinement and restrictive housing.
            ``(3) Reporting.--The Director of the Bureau of Prisons and 
        the Director of the United States Marshals Service shall ensure 
        that each covered facility 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 4 procedures, including written 
                mail correspondence, email correspondence, telephone 
                calls, and in-person interviews, 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 communicate confidentially and 
                to remain anonymous upon request; and
                    ``(B) not less than 4 procedures, including written 
                mail correspondence, email correspondence, telephone 
                calls, and in-person interviews, 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.--
                    ``(A) Bureau of prisons.--The Director of the 
                Bureau of Prisons shall ensure that each Bureau of 
                Prisons facility and any facility that contracts with 
                the Bureau of Prisons provides inmates with the notice 
                described in subparagraph (C).
                    ``(B) Marshals service.--The Director of the United 
                States Marshals Service shall ensure that each facility 
                that contracts with the United States Marshals Service 
                provides inmates with the notice described in 
                subparagraph (C).
                    ``(C) Contents.--A notice described in this 
                subparagraph shall provide inmates with--
                            ``(i) 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 or the United States Marshals 
                                Service, 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
                            ``(ii) notice of permissible practices 
                        related to solitary confinement in the Bureau 
                        of Prisons or the United States Marshals 
                        Service, 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 
                Criminal Division or the Inspector General of the 
                Department of Justice;
                    ``(D) refer to the Director of the Bureau of 
                Prisons or the United States Marshals Service 
                allegations of misconduct involving staff of the Bureau 
                of Prisons or the United States Marshals Service, 
                respectively;
                    ``(E) identify areas in which the Bureau of Prisons 
                or the United States Marshals Service can improve the 
                policies and practices of the Bureau to ensure that the 
                civil rights of inmates are protected;
                    ``(F) identify areas in which the Bureau of Prisons 
                or the United States Marshals Service can improve 
                solitary confinement policies and practices and reduce 
                the use of solitary confinement; and
                    ``(G) propose changes to the policies and practices 
                of the Bureau of Prisons and the United States Marshals 
                Service to mitigate problems and address issues the 
                Ombudsman identifies.
            ``(6) Access.--The Ombudsman--
                    ``(A) shall have unrestricted access to every area 
                of any covered facility;
                    ``(B) shall be able to speak privately and 
                confidentially with inmates and staff; and
                    ``(C) may make unannounced visits to any covered 
                facility.
            ``(7) Annual reports.--
                    ``(A) In general.--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 and make the 
                report publicly available on a website.
                    ``(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 covered facilities;
                            ``(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 covered facilities;
                            ``(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 
                        or the United States Marshals Service 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 
                of the Bureau of Prisons, the Director of the United 
                States Marshals Service, or any other officer or 
                employee of the Department of Justice, the Bureau of 
                Prisons, or the United States Marshals Service.
            ``(8) Regular meetings with the director.--The Ombudsman 
        shall meet regularly with the Director of the Bureau of Prisons 
        and the Director of the United States Marshals Service to 
        identify problems with reported civil rights violations and the 
        solitary confinement policies and practices of the Bureau of 
        Prisons and the United States Marshals Service, 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 and the United States Marshals Service.
            ``(9) Responsibilities of the bureau of prisons and united 
        states marshals service.--The Director of the Bureau of Prisons 
        and the Director of the United States Marshals Service shall 
        establish procedures requiring that, not later than 90 days 
        after the date on which a recommendation is submitted to the 
        Director of the Bureau of Prisons or the Director of the United 
        States Marshals Service by the Ombudsman, the Director of the 
        Bureau of Prisons or the Director of the United States Marshals 
        Service, as applicable, or another appropriate employee of the 
        agency, issue a formal response to the recommendation and take 
        remedial action to comply with the recommendation.
            ``(10) Non-application of the prison litigation reform 
        act.--Inmate reports sent to the Ombudsman may 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 and the Director of the United 
States Marshals Service 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 or 
        the United States Marshals Service, to conduct a comprehensive 
        mental health reevaluation for each inmate held in solitary 
        confinement at a covered facility 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 THE 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 for the Civil 
        Rights of Incarcerated People 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, through the designees of the 
        Ombudsman, under section 4052(e)(5)(D), and 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. DIRECTOR OF THE UNITED STATES MARSHALS SERVICE.

    Section 561 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(j) Ombudsman.--The Director of the United States Marshals 
Service shall--
            ``(1) meet regularly with the Ombudsman for the Civil 
        Rights of Incarcerated People appointed under section 4052(e) 
        to identify how the United States Marshals Service 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 United States Marshals Service;
            ``(2) conduct a prompt and thorough investigation of each 
        referral from the Ombudsman, through the designees of the 
        Ombudsman, under section 4052(e)(5)(D), and after each such 
        investigation take appropriate disciplinary action against any 
        United States Marshals Service employee who is found to have 
        engaged in misconduct or to have violated United States 
        Marshals Service policy, and notify the Ombudsman of the 
        outcome of each such investigation; and
            ``(3) establish procedures requiring a formal response by 
        the United States Marshals Service 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. 6. 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 and September 30 
        of each year, the Director of the Bureau of Prisons and the 
        Director of the United States Marshals Service shall each 
        prepare and transmit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a semi-annual assessment of the use of solitary 
        confinement (as defined in section 4052(a)) in covered 
        facilities and shall make the respective assessment publicly 
        available on the website of the Bureau of Prisons or the United 
        States Marshals Service, as applicable.
            ``(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, and the United States Marshals Service for 
                determining which inmates are placed in each form of 
                solitary confinement, or housing in which an inmate is 
                separated from the general population 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 (as defined in 
                section 4052(a)), and all communication management 
                units;
                    ``(B) the total number of inmates and percentage of 
                individuals in the custody of the Bureau of Prisons and 
                the United States Marshals Service, listed separately, 
                who are housed in each type of solitary confinement 
                described in subparagraph (A) at the time of the 
                report, and the total number 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 reason for placement, including 
                disciplinary segregation, protective custody, 
                administrative segregation, or other segregation and 
                the length of time in restrictive housing;
                    ``(D) the demographics of all inmates housed in 
                each type of solitary confinement described in 
                subparagraph (A), including race, ethnicity, religion, 
                age, gender identity, mental health care level, 
                pregnancy or post-partum status, or identification as 
                lesbian, gay, bisexual, transgender, intersex, or 
                gender non-conforming;
                    ``(E) the policies and regulations of the Bureau of 
                Prisons and the United States Marshals Service, 
                including any updates in policies and regulations, for 
                subsequent reviews or appeals of the placement of an 
                inmate into or out of solitary confinement;
                    ``(F) the number of reviews of and appeals for each 
                type of solitary confinement placement described in 
                subparagraph (A) that occurred during the reporting 
                period and the number of reviews or appeals that 
                directly resulted in a change of placement;
                    ``(G) a description of the general conditions and 
                restrictions for each type of solitary confinement 
                described in subparagraph (A), including the number of 
                hours spent in confinement in a cell separated from the 
                general population or in restraints, and the percentage 
                of time these conditions involve housing a single 
                inmate in a cell;
                    ``(H) 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, administrative maximum 
                facilities, communication management units, and any 
                maximum length of stay during the reporting period;
                    ``(I) 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;
                    ``(J) the individual daily fixed cost for each form 
                of solitary confinement described in subparagraph (A) 
                in use during the reporting period, including as 
                compared with the average daily fixed cost of housing 
                an inmate in the general population;
                    ``(K) statistics for inmate assaults on 
                correctional officers and staff of the Bureau of 
                Prisons or the United States Marshals Service, 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;
                    ``(L) 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;
                    ``(M) a statement of the types of mental health 
                staff that conducted mental health assessments for the 
                Bureau of Prisons and the United States Marshals 
                Service during the reporting period, a description of 
                the different positions in the mental health staff of 
                the Bureau of Prisons and the United States Marshals 
                Service, and the number of part- and full-time 
                psychologists and psychiatrists employed by the Bureau 
                of Prisons and the United States Marshals Service 
                during the reporting period;
                    ``(N) 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 of inmates diagnosed with 
                        an intellectual disability;
                            ``(iii) the number of inmates diagnosed 
                        with a 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 force-
                        feeding of inmates;
                    ``(O) the type and number of hours of programming 
                received by inmates in restrictive housing; and
                    ``(P) any other relevant data.''.

SEC. 7. NATIONAL COORDINATING 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 that will coordinate 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 
        the general population in a facility, 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 the 
        use of solitary confinement; 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 the activities 
of the coordinating center.
    (e) Duration.--The Bureau of Justice Assistance shall enter into a 
cooperative agreement under this section for 5 years.

SEC. 8. 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 6, and the 
        amendments made by such sections;
            (2) to the Director of the United States Marshals Service 
        such sums as may be necessary to carry out sections 2, 3, 5, 
        and 6, and the amendments made by such sections; and
            (3) to the Bureau of Justice Assistance such sums as may be 
        necessary to carry out section 7.

SEC. 9. REGULATIONS.

    The Director of the Bureau of Prisons and the Director of the 
United States Marshals Service 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. 10. EFFECTIVE DATE.

    (a) In General.--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.
    (b) Contractors.--For facilities that contract with the Bureau of 
Prisons or the United States Marshals Services, this Act and the 
amendments made by this Act shall apply to contracts finalized and 
entered into after the effective date of this Act.
                                 <all>