The "End Solitary Confinement Act" aims to comprehensively prohibit solitary confinement and other forms of restrictive housing within all federal agencies and entities contracting with them. The bill asserts that solitary confinement causes devastating harm, constitutes torture, and is disproportionately inflicted upon vulnerable populations, including people of color, LGBTQ+ individuals, those with mental health needs, and young people. It highlights that solitary confinement is costly, ineffective at increasing safety, and has no place in a civilized society. The legislation establishes a general prohibition on solitary confinement in federal facilities, allowing only extremely limited exceptions for short periods, such as during counts or in immediate emergency situations. These emergency placements are subject to strict time limits, not exceeding 4 hours in a 24-hour period or 12 hours in a 7-day period, and require continuous de-escalation efforts by staff. Facility-wide lockdowns are also permitted under similarly stringent conditions and time constraints, requiring hourly review and swift termination. A core provision mandates that all incarcerated persons in federal facilities must have access to at least 14 hours per day of out-of-cell congregate interaction in a shared space without physical barriers. This includes a minimum of 7 hours of structured programming (educational, vocational, mental health, etc.) and 1 hour of congregate recreation. Other unstructured activities like meals, library access, and contact social visits are also required. The bill explicitly prohibits involuntary confinement in emergency situations for several vulnerable groups. These include individuals who are 25 years of age or younger , 55 years of age or older , have a disability , a diagnosed mental health need , are pregnant or in postpartum recovery , or are identified as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming . Health care staff must conduct thorough assessments and provide treatment for these individuals. For any necessary separation from the general population, such as protective custody or medical purposes, the bill outlines strict requirements for "alternative units." These units must comply with the out-of-cell time standards, provide high-quality medical care, and offer trauma-informed therapeutic programming. Medical separations are only allowed if medically necessary to address immediate, specific risks and must be overseen by health care staff with regular reviews. Stringent due process requirements are established for placement in alternative units, including placement hearings conducted by neutral decision-makers independent of prosecuting entities. Incarcerated persons have the right to present evidence, cross-examine witnesses, and be represented by an attorney or advocate. Placements in alternative units, other than protective custody or by personal request, are limited to 60 days within any 6-month period. The use of restraints is severely restricted, permitted only when necessary to prevent imminent serious physical injury and for the shortest time possible, not exceeding 4 hours without supervisory medical approval. Repeated use of restraints requires a placement hearing. The bill also explicitly prohibits the use of "special administrative measures" in federal facilities. To ensure transparency and accountability, federal agencies are required to report quarterly on incidents of self-harm, suicide attempts, and placements in restrictive housing, disaggregated by various demographic factors. This data will be published publicly. The bill also creates a private cause of action, allowing individuals injured by violations to seek declaratory and injunctive relief, including facility closure for systemic non-compliance, and monetary damages. A significant oversight mechanism is the establishment of an independent Community Monitoring Body , composed of individuals with lived experience of solitary confinement, advocates, and professionals. This body will have broad access to federal facilities, records, and the ability to conduct unannounced visits and confidential interviews with incarcerated persons and staff. It can make recommendations to federal agencies and Congress, and agencies must respond with remedial action plans. Finally, the bill creates incentives for states and local entities to adopt similar standards by requiring them to certify substantial compliance with the federal prohibitions on solitary confinement to receive certain federal grant funds. Non-compliant entities face a reduction in funding, though funds for community-based non-carceral services are exempt from these reductions. The bill also prohibits the use of appropriated funds for constructing new carceral facilities or introducing restrictive devices.
The "End Solitary Confinement Act" aims to comprehensively prohibit solitary confinement and other forms of restrictive housing within all federal agencies and entities contracting with them. The bill asserts that solitary confinement causes devastating harm, constitutes torture, and is disproportionately inflicted upon vulnerable populations, including people of color, LGBTQ+ individuals, those with mental health needs, and young people. It highlights that solitary confinement is costly, ineffective at increasing safety, and has no place in a civilized society. The legislation establishes a general prohibition on solitary confinement in federal facilities, allowing only extremely limited exceptions for short periods, such as during counts or in immediate emergency situations. These emergency placements are subject to strict time limits, not exceeding 4 hours in a 24-hour period or 12 hours in a 7-day period, and require continuous de-escalation efforts by staff. Facility-wide lockdowns are also permitted under similarly stringent conditions and time constraints, requiring hourly review and swift termination. A core provision mandates that all incarcerated persons in federal facilities must have access to at least 14 hours per day of out-of-cell congregate interaction in a shared space without physical barriers. This includes a minimum of 7 hours of structured programming (educational, vocational, mental health, etc.) and 1 hour of congregate recreation. Other unstructured activities like meals, library access, and contact social visits are also required. The bill explicitly prohibits involuntary confinement in emergency situations for several vulnerable groups. These include individuals who are 25 years of age or younger , 55 years of age or older , have a disability , a diagnosed mental health need , are pregnant or in postpartum recovery , or are identified as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming . Health care staff must conduct thorough assessments and provide treatment for these individuals. For any necessary separation from the general population, such as protective custody or medical purposes, the bill outlines strict requirements for "alternative units." These units must comply with the out-of-cell time standards, provide high-quality medical care, and offer trauma-informed therapeutic programming. Medical separations are only allowed if medically necessary to address immediate, specific risks and must be overseen by health care staff with regular reviews. Stringent due process requirements are established for placement in alternative units, including placement hearings conducted by neutral decision-makers independent of prosecuting entities. Incarcerated persons have the right to present evidence, cross-examine witnesses, and be represented by an attorney or advocate. Placements in alternative units, other than protective custody or by personal request, are limited to 60 days within any 6-month period. The use of restraints is severely restricted, permitted only when necessary to prevent imminent serious physical injury and for the shortest time possible, not exceeding 4 hours without supervisory medical approval. Repeated use of restraints requires a placement hearing. The bill also explicitly prohibits the use of "special administrative measures" in federal facilities. To ensure transparency and accountability, federal agencies are required to report quarterly on incidents of self-harm, suicide attempts, and placements in restrictive housing, disaggregated by various demographic factors. This data will be published publicly. The bill also creates a private cause of action, allowing individuals injured by violations to seek declaratory and injunctive relief, including facility closure for systemic non-compliance, and monetary damages. A significant oversight mechanism is the establishment of an independent Community Monitoring Body , composed of individuals with lived experience of solitary confinement, advocates, and professionals. This body will have broad access to federal facilities, records, and the ability to conduct unannounced visits and confidential interviews with incarcerated persons and staff. It can make recommendations to federal agencies and Congress, and agencies must respond with remedial action plans. Finally, the bill creates incentives for states and local entities to adopt similar standards by requiring them to certify substantial compliance with the federal prohibitions on solitary confinement to receive certain federal grant funds. Non-compliant entities face a reduction in funding, though funds for community-based non-carceral services are exempt from these reductions. The bill also prohibits the use of appropriated funds for constructing new carceral facilities or introducing restrictive devices.