Section 1 Short title
This Act may be cited as the “Solitary Confinement Reform Act of 2022”.
Solitary Confinement Reform Act of 2022
A BILL
To reduce instances of placement of inmates in restrictive housing, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Restrictive housing takes many forms, and the experience in segregation can vary considerably depending on certain external factors, such as the length of stay, conditions of confinement, and degree of social isolation, as well as factors specific to each confined person, such as age and psychological resiliency.
Confined individuals located in restrictive housing broadly express severe psychological disturbances with lasting detrimental consequences as a result of their experience in security housing units. The Stanford Lab’s interviews revealed a range of common impairments and adverse consequences associated with long-term, indefinite incarceration.
The majority of confined members endorsed feeling mood symptoms consistent with the Diagnostic and Statistical Manual of Mental Disorders (DSM 5) diagnosis of Major Depressive Disorder, including depressed mood, hopelessness, anger, irritability, anhedonia, anger, fatigue, feelings of guilt, loss of appetite, and insomnia.
Nearly all members also endorsed a sense of anxiety symptoms characteristic of DSM 5 diagnoses of panic disorder, traumatic stress disorders, and/or obsessive-compulsive disorders, such as nervousness, worry, increased heart rate and respiration, sweating, muscle tension, hyperarousal, paranoia, nightmares, intrusive thoughts, and fear of losing control.
Psychiatric symptoms and diminished capacity for socialization continue to cause psychological suffering and problems with social function for most of the men now in general population.
Confined members cited emotional numbing and desensitization as some of the most common responses to living in SHU.
This sense of emotional suppression and dysregulation continues to be problematic for prisoners following the transition to the general population. Class members also reported significant alterations in cognition and perception.
Problems with attention, concentration, and memory were common, and described as persistent and worsening.
Some of the most pronounced and enduring effects of long-term isolation appeared to have resulted from relational estrangement and social isolation; prisoners frequently reported losing, over time, the motivation to seek social connection.
Sec. 3 Limitations on confinement
In general— Inmates shall be housed in the least restrictive setting necessary to ensure their own safety, as well as the safety of staff, other inmates, and the public.
Reasoning— The head of a covered facility shall clearly articulate each specific reason for an inmate’s placement and retention in restrictive housing. Each such reason shall be supported by objective evidence that such placement and retention is necessary—
for prison safety or order;
to prevent gang influence;
for inmate or staff protection; and
such other penological purpose as the head of such facility may determine is appropriate.
Penological purpose— Restrictive housing may only be used to eliminate or mitigate a specific facility threat such as a fight between inmates or the threat of imminent danger to inmates or staff.
Limitation—
In general— Inmates shall remain in restrictive housing for no longer than necessary to address each specific reason for such placement.
Punishment— Inmates may not be placed in restrictive housing—
as a form of punishment or deterrence;
for low-level offenses that do not involve physical violence to staff or inmates; or
for more than 5 days as a part of a routine investigation or more than 15 days as part of a non-routine investigation, as determined by the Official concerned, absent documented extenuating circumstances.
Sec. 4 Review of placement
In general— An institutional review panel of a covered facility shall review the placement of an inmate in restrictive housing not later than 15 days after such placement and not less than every 15 days thereafter until such time as the inmate is removed from restrictive housing.
Removal plan— The head of each covered facility shall make a plan for the return of the inmate to less restrictive conditions and shall share such plan with the inmate, unless sharing such plan would put the health and safety of the inmate, staff, other inmates, or the public at risk.
Sec. 5 Employee training
In general— The Official concerned shall ensure that the staff of each facility is trained on use of force and restrictive housing policies not less than quarterly.
Housing policy training— The Official concerned shall ensure that the staff of each covered facility complies with restrictive housing policies and that such policies are reflected in employee evaluation systems.
Standing committees—
In general— The Official concerned shall establish in each covered facility a standing committee, consisting of high-level correctional officials, active or retired, to regularly evaluate existing restrictive housing policies.
Duties— Each standing committee shall—
review use of force and abuse allegations to include body cam footage and closed-circuit video footage of any use of force or abuse allegation;
submit redacted written recommendations on preventing unlawful use of force or abuse to—
the Department of Justice;
the Committees on the Judiciary of the House of Representatives and the Senate; and
the Committees on Armed Services of the House of Representatives and the Senate; and
assist covered facilities in developing safe and effective alternatives to restrictive housing and share with other covered facilities and State prison facilities best practices for use of force to ensure safety for staff and confined individuals.
Sec. 6 Gradual return to general population
In general— Absent a compelling reason as determined by the Official concerned, the head of a covered facility may not release inmates directly from restrictive housing to the general inmate population.
Graduated system— The head of a covered facility shall consult with mental health professionals to ensure that shock of removal from isolation will not cause harm to the confined individual or the general inmate population.
Sec. 7 Enrichment opportunities
In general— Not later than 180 days after the date of the enactment of this Act, each Official concerned shall establish policies to increase the minimum amount of time inmates in restrictive housing spend outside their cells to 3 hours per day, including weekends and holidays, and to offer enhanced in-cell opportunities.
Minimum restraint— The Official concerned shall afford to individuals in restrictive housing educational opportunities, using the minimum amount of protective restraint necessary to ensure safety of staff, population, and educational professionals.
Out-of-Cell time— The Official concerned shall make available to the inmates opportunities for recreation, education, clinically appropriate treatment therapies, skill-building, and social interaction with staff and other inmates.
Lower-Risk individuals— The Official concerned shall ensure that lower-risk individuals may conduct recreation time in such group size as the facility determines appropriate.
Expansion— The Official concerned shall increase the ability of covered facilities to divert inmates with serious mental illness to mental health treatment programs or facilities when needed to serve the interest of the facility and the inmate.
Final days of imprisonment— The Official concerned shall establish policies to—
prohibit the placement of inmates in restrictive housing during the final 180 days of the term of imprisonment of such inmate; and
provide targeted re-entry programming for inmates who require restrictive housing during the such final 180-day period.
Posting policies— The head of each covered facility shall post the policies established under subsection (a) in an area of the facility that is frequented by inmates and staff.
Statistics— The Official concerned shall publish system-wide restrictive housing statistics on a monthly basis on the website of the agency under that Official’s jurisdiction and on websites for effected covered facilities. The statistics shall include the total number of inmates in restrictive housing, disaggregated by—
the number of inmates who—
remained in such housing for more than 90 days;
remained in such housing for more than 180 days; and
remained in such housing for more than 364 days; and
the number of inmates in disciplinary segregation and the number of inmates in administrative detention.
Sec. 8 Confinement requirements
In general— The Official concerned and the head of any State prison used for the detention of persons held under authority of any Act of Congress, shall—
submit data on restrictive housing to the Department of Justice and the Committees on Armed Services and on the Judiciary of the Senate and the House of Representatives on a quarterly basis;
finalize upgrades in data collection software to improve tracking of restrictive housing inmates; and
require body cams to be worn by correctional staff interacting with confined population in restrictive housing for any forced movement or physical interaction.
Presumption— In determining whether placement in restrictive housing is appropriate, it shall be presumed that an inmate shall be housed in the least restrictive setting necessary to ensure safety, and that inmates in restrictive housing shall be returned to general population as soon as it is safe to do so.
Sec. 9 Violations
In general—
BOP Violations— In the case of a Bureau of Prisons facility that violates the policy established by the Attorney General under section 7, the Attorney General may—
reduce the funding provided to the violating facility by such amount as the Attorney General determines appropriate and increase the amount provided to facilities in compliance by an amount that is equal to the amount of such reduction;
suspend staff found to be involved in a violation of such policy with or without pay; or
terminate staff found to be involved in a violation of such policy if such violation is considered substantially detrimental to the goals of such policy.
DOD Violations— In the case of a prison facility of the Department of Defense that violates the policy established by the Secretary of Defense under section 7, the Secretary may—
reduce the funding provided to the violating facility by such amount as the Secretary determines appropriate and increase the amount provided to facilities in compliance by an amount that is equal to the amount of such reduction;
suspend staff found to be involved in a violation of such policy with or without pay; or
terminate staff found to be involved in a violation of such policy if such violation is considered substantially detrimental to the goals of such policy.
Other prison facility violations— In the case of a covered facility described in section 11(1)(C) that violates the policy established by the Director of the Bureau of Prisons under section 7, the Attorney General may—
in the case of—
a facility described in clause (i) of such section, decline to extend or renew any contract or agreement with the prison facility or condition such an extension or renewal on compliance with such policy; or
a facility described in clause (ii) of such section, reduce the funding provided to the violating facility by such amount as the Attorney General determines appropriate and increase the amount provided to facilities in compliance by an amount that is equal to the amount of such reduction;
call for the suspension of staff found to be involved in a violation of such policy with or without pay; or
call for the termination of staff found to be involved in a violation of such policy if such violation is considered substantially detrimental goals of such policy.
Adjudication— Any covered facility or employee accused of a violation of the policy established by the Official concerned under section 7 shall, after notice and an opportunity to be heard by the standing committee of such facility and subject to approval by such Official, be subject to the penalties under subsection (a).
Conflict of interest— Any conflicted parties shall recuse themselves from the proceeding before the standing committee and a new impartial member shall be appointed to the committee to serve in this capacity for the duration of the proceeding. Any conflict of interest shall be disclosed in writing and preserved within the recommendation notes.
Sec. 10 Revision of Department of Defense policies and guidance
As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Instruction 1325.07 (Administration of Military Correctional Facilities and Clemency and Parole Authority), and any related policies and guidance of the Department, to conform to the requirements of this Act.
Sec. 11 Definitions
In this Act:
Covered facility— The term covered facility means—
a prison facility under the jurisdiction of the Bureau of Prisons;
a prison facility under the jurisdiction of the Department of Defense; and
any prison facility under the jurisdiction of a State or unit of local government—
in which persons are held in custody pursuant to a contract or agreement with the Federal Government; and
that receives Federal funds for law enforcement purposes.
Inmate— The term inmate means an inmate serving a term of imprisonment in a covered facility.
Institutional review panel— The term institutional review panel means a panel composed of—
the leadership of a covered facility; and
medical professionals and mental health professionals who are employed by and work outside of such facility.
Non-routine investigation— The term non-routine investigation means any investigation that addresses a grave risk of safety and security of the facility, such as a riot, killing, or terror attack.
Official concerned— The term Official concerned means—
the Attorney General, acting through the Director of the Bureau of Prisons, with respect to prison facilities under the jurisdiction of the Bureau of Prisons;
the Secretary of Defense, with respect to prison facilities under the jurisdiction of the Department of Defense;
the chief executive of a State or unit of local government, with respect to prison facilities under the jurisdiction of such State or unit of local government.
Restrictive housing— The term restrictive housing means any housing in which an inmate is removed from general population housing to housing with little to no contact with others for a disciplinary purpose.