[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5548-S5553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Coons, Mr. Booker, Mr. Leahy, Mr. 
        Schatz, Mr. Murphy, and Ms. Warren):
  S. 5038. A bill to reform the use of solitary confinement and other 
forms of restrictive housing in the Bureau of Prisons, and for other 
purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, last month, Attorney General Garland made 
one of his most important decisions yet as head of the Justice 
Department: He appointed a new Director to the Federal Bureau of 
Prisons.
  Now, why is that a big deal? Because for years, the Bureau of 
Prisons--which is charged with care of more than 140,000 adults in 
custody--has been plagued by corruption, chronic mismanagement, and 
misconduct reaching all the way to the top of the Agency. Under the 
former Director--Michael Carvajal--the Bureau of Prisons turned a blind 
eye to numerous allegations of sexual abuse, criminal conduct, and even 
torture and murder. Time and again, former Director Carvajal refused to 
hold his own employees accountable, and he repeatedly failed to 
implement much-needed reforms to our Federal prison system. These 
failures not only jeopardized the lives of adults being held in Federal 
custody--but also the lives of the nearly 35,000 Americans who work in 
BOP facilities every day.
  Fortunately, as of last month, the Bureau finally has a chance at a 
fresh start. Earlier today, the Judiciary Committee welcomed the 
Bureau's newly appointed Director, Colette Peters, who testified about 
her vision for America's Federal prison system. And based on her 
testimony, I am hopeful that her leadership will mark a critical 
turning point for the Bureau of Prisons. Director Peters shares my 
belief that the top priority for the Bureau can be summed up in one 
word: reform.
  She is a reform-minded leader who is committed to clearing out the 
bureaucratic rot that has festered for far too long. And unlike her 
predecessor, Director Peters has not spent her career climbing the 
rungs within the Bureau's bureaucracy. She has been putting in the work 
of building a better justice system in her home State of Oregon.
  Over the past decade, Director Peters served as the head of Oregon's 
Department of Corrections. In this role, she pioneered a new model for 
the State's correctional system--one that, I hope, she will bring to 
the Bureau of Prisons--she calls it ``The Oregon Way.'' The Oregon Way 
is centered around ``prioritizing employee health and well-being by 
normalizing the correctional environment and, in turn, improving the 
outcomes for incarcerated people.''
  Director Peters was inspired to develop this model after she traveled 
to Norway, where she visited six of the country's prisons. She saw for 
herself how a rehabilitation-focused prison system can help prepare 
incarcerated people for successful reentry into society--and ultimately 
reduce recidivism rates.
  And as director of Oregon's Department of Corrections, she 
implemented some promising reforms to the State's prisons, like 
dismantling death row and rearranging housing areas to prevent 
correctional officers from spending long shifts alone.
  Director Peters' vision for a rehabilitative, humane correctional 
system is exactly what the Bureau of Prisons needs at this moment. But 
let's also be clear: The grave, systemic problems within the Agency 
won't end with the appointment of a new Director.
  This challenge is far too complex for any one person to solve--no 
matter how noble their intentions may be. And as chair of the Senate 
Judiciary Committee, I give the American people my word: We will be 
watching the Bureau like a hawk. Our oversight role has never been more 
important.
  That is why yesterday--in anticipation of her appearance before the 
Judiciary Committee--Representative David Trone and I led a number of 
our colleagues in sending Director Peters a letter.
  In it, we urged her to take immediate action in reducing the use of 
restrictive housing, also known as solitary confinement. It should be 
one of the first steps she takes as Director. Appallingly, the Bureau 
of Prisons has made a habit of throwing prisoners into solitary 
confinement, an almost medieval practice that should be, in the words 
of the Justice Department, ``used rarely, applied fairly, and subjected 
to reasonable constraints.''
  But former Director Carvajal repeatedly ignored that recommendation, 
and right now, on any given day, more than 10,000 people within BOP--
nearly 8 percent of the entire Federal prison population--are being 
held in some form of solitary confinement. That is inhumane--and 
unconscionable.
  Ten years ago, I chaired the first-ever congressional hearing on 
solitary confinement. One of the witnesses was an exonerated formerly 
incarcerated person named Anthony Graves. He was wrongfully convicted 
for a murder he did not commit. During his time in prison, Mr. Graves--
an innocent man--spent 16 years in solitary confinement. Imagine that: 
being held in isolation, in a cage the fraction of the size of this 
Senate floor, for 16 years.
  Mr. Graves told the members of the committee, ``Solitary confinement 
does one thing, it breaks a man's will to live. . . . I have been free 
for almost two years and I still cry at night, because no one out here 
can relate to what I have gone through.'' ``I battle with feelings of 
loneliness. I've tried therapy but it didn't work.''
  I know that Director Peters understands that solitary confinement can 
cause severe mental anguish for adults in custody. As director of the 
Oregon Department of Corrections, she made important progress in 
reducing the use of restrictive housing in facilities across the State. 
I trust that she will work to do the same at BOP.
  After that 2012 hearing, the Obama administration took some 
encouraging steps to reform and reduce the use of restricted housing in 
the Federal prison system. Unfortunately, under the Trump 
administration, that progress stalled, and the rate of individuals in 
solitary confinement steadily increased. The Biden administration has 
committed to addressing this, and Director Peters made clear today that 
it will be one of her priorities.
  But it is also the responsibility of lawmakers in Congress to improve 
our Nation's laws regarding the use of solitary confinement and ensure 
that a change in administrations will never

[[Page S5549]]

again lead to an increase in this harmful practice.
  Today, I am reintroducing a piece of legislation--with my friend and 
fellow committee member Chris Coons--that does just that: the Solitary 
Confinement Reform Act. We first introduced this bill back in 2016, and 
we have reintroduced it in every Congress since. That is how important 
it is. It will require the Bureau of Prisons to limit the use of 
solitary to the briefest terms--under the least restrictive conditions 
possible. And it will improve access to mental health care services for 
individuals who have been held in solitary.
  As we turn a new page at the Bureau of Prisons with Director Peters, 
I can think of no better way to begin reforming the agency than by 
passing the Solitary Confinement Reform Act. Let's finally build a 
justice system that actually rehabilitates adults in custody and 
prepares them for successful reentry into society.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 5038

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Solitary Confinement Reform 
     Act''.

     SEC. 2. SOLITARY CONFINEMENT REFORMS.

       (a) Amendment.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4052. Solitary confinement

       ``(a) Definitions.--In this section:
       ``(1) Administrative maximum facility.--The term 
     `administrative maximum facility' means a maximum-security 
     facility, including the Administrative Maximum facility in 
     Florence, Colorado, designed to house inmates who present an 
     ongoing significant and serious threat to other inmates, 
     staff, and the public.
       ``(2) Administrative segregation.--The term `administrative 
     segregation' means a nonpunitive form of solitary confinement 
     that removes an individual from the general population of a 
     correctional facility for--
       ``(A) investigative, protective, or preventative reasons 
     resulting in a substantial and immediate threat; or
       ``(B) transitional reasons, including a pending transfer, 
     pending classification, or other temporary administrative 
     matter.
       ``(3) Appropriate level of care.--The term `appropriate 
     level of care' means the appropriate treatment setting for 
     mental health care that an inmate with mental illness 
     requires, which may include outpatient care, emergency or 
     crisis services, day treatment, supported residential 
     housing, infirmary care, or inpatient psychiatric 
     hospitalization services.
       ``(4) Director.--The term `Director' means the Director of 
     the Bureau of Prisons.
       ``(5) Disciplinary hearing officer.--The term `disciplinary 
     hearing officer' means an employee of the Bureau of Prisons 
     who is responsible for conducting disciplinary hearings for 
     which solitary confinement may be a sanction, as described in 
     section 541.8 of title 28, Code of Federal Regulations, or 
     any successor thereto.
       ``(6) Disciplinary segregation.--The term `disciplinary 
     segregation' means a punitive form of solitary confinement 
     imposed only by a disciplinary hearing officer as a sanction 
     for committing a significant and serious disciplinary 
     infraction.
       ``(7) Intellectual disability.--The term `intellectual 
     disability' means a significant mental impairment 
     characterized by significant limitations in both intellectual 
     functioning and in adaptive behavior.
       ``(8) Multidisciplinary staff committee.--The term 
     `multidisciplinary staff committee' means a committee--
       ``(A) made up of staff at the facility where an inmate 
     resides who are responsible for reviewing the initial 
     placement of the inmate in solitary confinement and any 
     extensions of time in solitary confinement; and
       ``(B) which shall include--
       ``(i) not less than 1 licensed mental health professional;
       ``(ii) not less than 1 medical professional; and
       ``(iii) not less than 1 member of the leadership of the 
     facility.
       ``(9) Ongoing significant and serious threat.--The term 
     `ongoing significant and serious threat' means an ongoing set 
     of circumstances that require the highest level of security 
     and staff supervision for an inmate who, by the behavior of 
     the inmate--
       ``(A) has been identified as assaultive, predacious, 
     riotous, or a serious escape risk; and
       ``(B) poses a great risk to other inmates, staff, and the 
     public.
       ``(10) Protection case.--The term `protection case' means 
     an inmate who, by the request of the inmate or through a 
     staff determination, requires protection, as described by 
     section 541.23(c)(3) of title 28, Code of Federal 
     Regulations, or any successor thereto.
       ``(11) Serious mental illness.--The term `serious mental 
     illness' means a substantial disorder of thought or mood that 
     significantly impairs judgment, behavior, capacity to 
     recognize reality, or ability to cope with the ordinary 
     demands of life.
       ``(12) Significant and serious disciplinary infraction.--
     The term `significant and serious disciplinary infraction' 
     means--
       ``(A) an act of violence that either--
       ``(i) resulted in or was likely to result in serious injury 
     or death to another; or
       ``(ii) occurred in connection with any act of nonconsensual 
     sex;
       ``(B) an escape, attempted escape, or conspiracy to escape 
     from within a security perimeter or custody, or both; or
       ``(C) possession of weapons, possession of illegal 
     narcotics with intent to distribute, or other similar, severe 
     threats to the safety of the inmate, other inmates, staff, or 
     the public.
       ``(13) Solitary confinement.--The term `solitary 
     confinement' means confinement characterized by substantial 
     isolation in a cell, alone or with other inmates, including 
     administrative segregation, disciplinary segregation, and 
     confinement in any facility designated by the Bureau of 
     Prisons as a special housing unit, special management unit, 
     or administrative maximum facility.
       ``(14) Special administrative measures.--The term `special 
     administrative measures' means reasonably necessary measures 
     used to--
       ``(A) prevent disclosure of classified information upon 
     written certification to the Attorney General by the head of 
     an element of the intelligence community (as defined under 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) that the unauthorized disclosure of such information 
     would pose a threat to the national security and that there 
     is a danger that the inmate will disclose such information, 
     as described by section 501.2 of title 28, Code of Federal 
     Regulations, or any successor thereto; or
       ``(B) protect persons against the risk of death or serious 
     bodily injury, upon written notification to the Director by 
     the Attorney General or, at the Attorney General's direction, 
     by the head of a Federal law enforcement agency, or the head 
     of an element of the intelligence community (as defined under 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)), that there is a substantial risk that the 
     communications of an inmate or contacts by the inmate with 
     other persons could result in death or serious bodily injury 
     to persons, or substantial damage to property that would 
     entail the risk of death or serious bodily injury to persons, 
     as described by section 501.3 of title 28, Code of Federal 
     Regulations, or any successor thereto.
       ``(15) Special housing unit.--The term `special housing 
     unit' means a housing unit in an institution of the Bureau of 
     Prisons in which inmates are securely separated from the 
     general inmate population for disciplinary or administrative 
     reasons, as described in section 541.21 of title 28, Code of 
     Federal Regulations, or any successor thereto.
       ``(16) Special management unit.--The term `special 
     management unit' means a nonpunitive housing program with 
     multiple, step-down phases for inmates whose history, 
     behavior, or situation requires enhanced management 
     approaches in order to ensure the safety of other inmates, 
     the staff, and the public.
       ``(17) Substantial and immediate threat.--The term 
     `substantial and immediate threat' means any set of temporary 
     and unforeseen circumstances that require immediate action in 
     order to combat a threat to the safety of an inmate, other 
     inmates, staff, or the public.
       ``(b) Use of Solitary Confinement.--
       ``(1) In general.--The placement of a Federal inmate in 
     solitary confinement within the Bureau of Prisons or any 
     facility that contracts with the Bureau of Prisons to provide 
     housing for inmates in Federal custody shall be limited to 
     situations in which such confinement--
       ``(A) is limited to the briefest term and the least 
     restrictive conditions practicable, including not less than 4 
     hours of out-of-cell time every day, unless the inmate poses 
     a substantial and immediate threat;
       ``(B) is consistent with the rationale for placement and 
     with the progress achieved by the inmate;
       ``(C) allows the inmate to participate in meaningful 
     programming opportunities and privileges as consistent with 
     those available in the general population as practicable, 
     either individually or in a classroom setting;
       ``(D) allows the inmate to have as much meaningful 
     interaction with others, such as other inmates, visitors, 
     clergy, or licensed mental health professionals, as 
     practicable; and
       ``(E) complies with the provisions of this section.
       ``(2) Transitional process for inmates in solitary 
     confinement.--
       ``(A) Inmates with upcoming release dates.--The Director 
     shall establish--
       ``(i) policies to ensure that an inmate with an anticipated 
     release date of 180 days or less is not housed in solitary 
     confinement, unless--

       ``(I) such confinement is limited to not more than 5 days 
     of administrative segregation relating to the upcoming 
     release of the inmate; or
       ``(II) the inmate poses a substantial and immediate threat; 
     and

       ``(ii) a transitional process for each inmate with an 
     anticipated release date of 180 days

[[Page S5550]]

     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--

[[Page S5551]]

       ``(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

[[Page S5552]]

     of title 18, United States Code, is amended by inserting 
     after the item relating to section 4051 the following:

``4052. Solitary confinement.''.

     SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Bureau of Prisons shall--
       (1) assemble a team of licensed mental health 
     professionals, which may include licensed mental health 
     professionals who are not employed by the Bureau of Prisons, 
     to conduct a comprehensive mental health reevaluation for 
     each inmate held in solitary confinement for more than 30 
     days as of the date of enactment of this Act, including a 
     confidential, face-to-face, out-of-cell interview by a 
     licensed mental health professional; and
       (2) adjust the placement of each inmate in accordance with 
     section 4052(c) of title 18, United States Code, as added by 
     section 2.

     SEC. 4. DIRECTOR OF BUREAU OF PRISONS.

       Section 4041 of title 18, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before the ``The 
     Bureau of Prisons shall be''; and
       (2) by adding at the end the following:
       ``(b) Ombudsman.--The Director of the Bureau of Prisons 
     shall--
       ``(1) meet regularly with the Ombudsman appointed under 
     section 4052(e) to identify how the Bureau of Prisons can 
     address reported civil rights violations and reduce the use 
     of solitary confinement and correct problems in the solitary 
     confinement policies and practices of the Bureau;
       ``(2) conduct a prompt and thorough investigation of each 
     referral from the Ombudsman under section 4052(e)(5)(D), 
     after each such investigation take appropriate disciplinary 
     action against any Bureau of Prisons employee who is found to 
     have engaged in misconduct or to have violated Bureau of 
     Prisons policy, and notify the Ombudsman of the outcome of 
     each such investigation; and
       ``(3) establish procedures requiring a formal response by 
     the Bureau of Prisons to any recommendation of the Ombudsman 
     in the annual report submitted under section 4052(e)(7) not 
     later than 90 days after the date on which the report is 
     submitted to Congress.''.

     SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINEMENT.

       Section 4047 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Prison Solitary Confinement Assessments.--
       ``(1) In general.--Not later than March 31 of each year, 
     the Director of the Bureau of Prisons shall prepare and 
     transmit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives an annual assessment of the use of solitary 
     confinement, as defined in section 4052(a), by the Bureau of 
     Prisons.
       ``(2) Contents.--Each assessment submitted under paragraph 
     (1) shall include--
       ``(A) the policies and regulations of the Bureau of 
     Prisons, including any changes in policies and regulations, 
     for determining which inmates are placed in each form of 
     solitary confinement, or housing in which an inmate is 
     separated from the general population in use during the 
     reporting period, and a detailed description of each form of 
     solitary confinement in use, including all maximum and high 
     security facilities, all special housing units, all special 
     management units, all Administrative Maximum facilities, 
     including the United States Penitentiary Administrative 
     Maximum in Florence, Colorado, and all Communication 
     Management Units;
       ``(B) the number of inmates in the custody of the Bureau of 
     Prisons who are housed in each type of solitary confinement 
     described in subparagraph (A) for any period and the 
     percentage of all inmates who have spent at least some time 
     in each form of solitary confinement during the reporting 
     period;
       ``(C) the demographics of all inmates housed in each type 
     of solitary confinement described in subparagraph (A), 
     including race, ethnicity, religion, age, and gender;
       ``(D) the policies and regulations of the Bureau of 
     Prisons, including any updates in policies and regulations, 
     for subsequent reviews or appeals of the placement of an 
     inmate into or out of solitary confinement;
       ``(E) the number of reviews of and challenges to each type 
     of solitary confinement placement described in subparagraph 
     (A) conducted during the reporting period and the number of 
     reviews or appeals that directly resulted in a change of 
     placement;
       ``(F) the general conditions and restrictions for each type 
     of solitary confinement described in subparagraph (A), 
     including the number of hours spent in `isolation,' or 
     restraint, for each, and the percentage of time these 
     conditions involve single-inmate housing;
       ``(G) the mean and median length of stay in each form of 
     solitary confinement described in subparagraph (A), based on 
     all individuals released from solitary confinement during the 
     reporting period, including maximum and high security 
     facilities, special housing units, special management units, 
     the Administrative Maximum facilities, including the United 
     States Penitentiary Administrative Maximum in Florence, 
     Colorado, Communication Management Units, and any maximum 
     length of stay during the reporting period;
       ``(H) the number of inmates who, after a stay of 5 or more 
     days in solitary confinement, were released directly from 
     solitary confinement to the public during the reporting 
     period;
       ``(I) the cost for each form of solitary confinement 
     described in subparagraph (A) in use during the reporting 
     period, including as compared with the average daily cost of 
     housing an inmate in the general population;
       ``(J) statistics for inmate assaults on correctional 
     officers and staff of the Bureau of Prisons, inmate-on-inmate 
     assaults, and staff-on-inmate use of force incidents in the 
     various forms of solitary confinement described in 
     subparagraph (A) and statistics for such assaults in the 
     general population;
       ``(K) the policies for mental health screening, mental 
     health treatment, and subsequent mental health reviews for 
     all inmates, including any update to the policies, and any 
     additional screening, treatment, and monitoring for inmates 
     in solitary confinement;
       ``(L) a statement of the types of mental health staff that 
     conducted mental health assessments for the Bureau of Prisons 
     during the reporting period, a description of the different 
     positions in the mental health staff of the Bureau of 
     Prisons, and the number of part- and full-time psychologists 
     and psychiatrists employed by the Bureau of Prisons during 
     the reporting period;
       ``(M) data on mental health and medical indicators for all 
     inmates in solitary confinement, including--
       ``(i) the number of inmates requiring medication for mental 
     health conditions;
       ``(ii) the number diagnosed with an intellectual 
     disability;
       ``(iii) the number diagnosed with serious mental illness;
       ``(iv) the number of suicides;
       ``(v) the number of attempted suicides and number of 
     inmates placed on suicide watch;
       ``(vi) the number of instances of self-harm committed by 
     inmates;
       ``(vii) the number of inmates with physical disabilities, 
     including blind, deaf, and mobility-impaired inmates; and
       ``(viii) the number of instances of forced feeding of 
     inmates; and
       ``(N) any other relevant data.''.

     SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CONFINEMENT 
                   REDUCTION AND REFORM.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means an entity, or a partnership of 
     entities, that has demonstrated expertise in the fields of--
       (1) solitary confinement, including the reduction and 
     reform of its use; and
       (2) providing technical assistance to corrections agencies 
     on how to reduce and reform solitary confinement.
       (b) Requirements.--Not later than 180 days after the date 
     of enactment of this Act, the Bureau of Justice Assistance 
     shall enter into a cooperative agreement, on a competitive 
     basis, with an eligible entity for the purpose of 
     establishing a coordinating center for State, local, and 
     Federal corrections systems, which shall conduct activities 
     such as--
       (1) providing on-site technical assistance and consultation 
     to Federal, State, and local corrections agencies to safely 
     reduce the use of solitary confinement;
       (2) acting as a clearinghouse for research, data, and 
     information on the safe reduction of solitary confinement in 
     prisons and other custodial settings, including facilitating 
     the exchange of information between Federal, State, and local 
     practitioners, national experts, and researchers;
       (3) creating a minimum of 10 learning sites in Federal, 
     State, and local jurisdictions that have already reduced 
     their use of solitary confinement and work with other 
     Federal, State, and local agencies to participate in 
     training, consultation, and other forms of assistance and 
     partnership with these learning sites;
       (4) conducting evaluations of jurisdictions that have 
     decreased their use of solitary confinement to determine best 
     practices;
       (5) conducting research on the effectiveness of 
     alternatives to solitary confinement, such as step-down or 
     transitional programs, strategies to reintegrate inmates into 
     general population, the role of officers and staff culture in 
     reform efforts, and other research relevant to the safe 
     reduction of solitary confinement;
       (6) developing and disseminating a toolkit for systems to 
     reduce the excessive use of solitary confinement;
       (7) developing and disseminating an online self-assessment 
     tool for State and local jurisdictions to assess their own 
     use of solitary confinement and identify strategies to reduce 
     its use; and
       (8) conducting public webinars to highlight new and 
     promising practices.
       (c) Administration.--The program under this section shall 
     be administered by the Bureau of Justice Assistance.
       (d) Report.--On an annual basis, the coordinating center 
     shall report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives on its activities and any changes in solitary 
     confinement policy at the Federal, State, or local level that 
     have resulted from its activities.
       (e) Duration.--The Bureau of Justice Assistance shall enter 
     into a cooperative agreement under this section for 5 years.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated--
       (1) to the Director of the Bureau of Prisons such sums as 
     may be necessary to carry out sections 2, 3, 4, and 5, and 
     the amendments made by such sections; and

[[Page S5553]]

       (2) to the Bureau of Justice Assistance such sums as may be 
     necessary to carry out section 6.

     SEC. 8. NOTICE AND COMMENT REQUIREMENT.

       The Director of the Bureau of Prisons shall prescribe 
     rules, in accordance with section 553 of title 5, United 
     States Code, to carry out this Act and the amendments made by 
     this Act.

     SEC. 9. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act shall take effect 18 months after the date 
     of enactment of this Act.
                                 ______