[Congressional Record Volume 170, Number 65 (Monday, April 15, 2024)]
[Senate]
[Pages S2746-S2751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Coons, and Mr. Schatz):
  S. 4121. 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; to the Committee on 
the Judiciary.
  Mr. DURBIN. Madam 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. 4121

       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

[[Page S2747]]

       ``(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--

[[Page S2748]]

       ``(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

[[Page S2749]]

       ``(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

[[Page S2750]]

     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

[[Page S2751]]

     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.

                          ____________________