US Codex
Pub. L.
Notes

Title VI — Miscellaneous Criminal Justice

115th Congress · Approved Dec 21, 2018 · 132 Stat. 5194

TITLE VI Miscellaneous Criminal Justice

SEC. 601. Placement of Prisoners Close to Families.

Section 3621(b) of title 18, United States Code, is amended—
(1)
by striking “ shall designate the place of the prisoner’s imprisonment.” and inserting “ shall designate the place of the prisoner’s imprisonment, and shall, subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence. The Bureau shall, subject to consideration of the factors described in the preceding sentence and the prisoner’s preference for staying at his or her current facility or being transferred, transfer prisoners to facilities that are closer to the prisoner’s primary residence even if the prisoner is already in a facility within 500 driving miles of that residence.”; and
(2)
by adding at the end the following: “ Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.”.

SEC. 602. Home Confinement for Low-Risk Prisoners.

Section 3624(c)(2) of title 18, United States Code, is amended by adding at the end the following: “ The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.”.

SEC. 603. Federal Prisoner Reentry Initiative Reauthorization; Modification of Imposed Term of Imprisonment.

(a)
Federal Prisoner Reentry Initiative Reauthorization.— Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is amended—
(1)
in paragraph (1)—
(A)
by inserting “ and eligible terminally ill offenders” after “ elderly offenders” each place the term appears;
(B)
in subparagraph (A), by striking “ a Bureau of Prisons facility” and inserting “ Bureau of Prisons facilities”;
(C)
in subparagraph (B)—
(i)
by striking “ the Bureau of Prisons facility” and inserting “ Bureau of Prisons facilities”; and
(ii)
by inserting “ , upon written request from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender” after “ to home detention”; and
(D)
in subparagraph (C), by striking “ the Bureau of Prisons facility” and inserting “ Bureau of Prisons facilities”;
(2)
in paragraph (2), by inserting “ or eligible terminally ill offender” after “ elderly offender”;
(3)
in paragraph (3), as amended by section 504(b)(1)(A) of this Act, by striking “ at least one Bureau of Prisons facility” and inserting “ Bureau of Prisons facilities”; and
(4)
in paragraph (4)—
(A)
by inserting “ or eligible terminally ill offender” after “ each eligible elderly offender”; and
(B)
by inserting “ and eligible terminally ill offenders” after “ eligible elderly offenders”; and
(5)
in paragraph (5)—
(A)
in subparagraph (A)—
(i)
in clause (i), striking “ 65 years of age” and inserting “ 60 years of age”; and
(ii)
in clause (ii), as amended by section 504(b)(1)(B) of this Act, by striking “ 75 percent” and inserting “ ⅔”; and
(B)
by adding at the end the following:

“(D) Eligible terminally ill offender.—The term ‘eligible terminally ill offender’ means an offender in the custody of the Bureau of Prisons who—

“(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16(a) of title 18, United States Code), sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C. 20911(5))), offense described in section 2332b(g)(5)(B) of title 18, United States Code, or offense under chapter 37 of title 18, United States Code;

“(ii) satisfies the criteria specified in clauses (iii) through (vii) of subparagraph (A); and

“(iii) has been determined by a medical doctor approved by the Bureau of Prisons to be—

“(I) in need of care at a nursing home, intermediate care facility, or assisted living facility, as those terms are defined in section 232 of the National Housing Act (12 U.S.C. 1715w); or

“(II) diagnosed with a terminal illness.”

(b)
Increasing the Use and Transparency of Compassionate Release.— Section 3582 of title 18, United States Code, is amended—
(1)
in subsection (c)(1)(A), in the matter preceding clause (i), by inserting after “ Bureau of Prisons,” the following: “ or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier,”;
(2)
by redesignating subsection (d) as subsection (e); and
(3)
by inserting after subsection (c) the following:

“(d) Notification Requirements.—

“(1) Terminal illness defined.—In this subsection, the term ‘terminal illness’ means a disease or condition with an end-of-life trajectory.

“(2) Notification.—The Bureau of Prisons shall, subject to any applicable confidentiality requirements—

“(A) in the case of a defendant diagnosed with a terminal illness—

“(i) not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

“(ii) not later than 7 days after the date of the diagnosis, provide the defendant’s partner and family members (including extended family) with an opportunity to visit the defendant in person;

“(iii) upon request from the defendant or his attorney, partner, or a family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and

“(iv) not later than 14 days of receipt of a request for a sentence reduction submitted on the defendant’s behalf by the defendant or the defendant’s attorney, partner, or family member, process the request;

“(B) in the case of a defendant who is physically or mentally unable to submit a request for a sentence reduction pursuant to subsection (c)(1)(A)—

“(i) inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

“(ii) accept and process a request for sentence reduction that has been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or family member under clause (i); and

“(iii) upon request from the defendant or his attorney, partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and

“(C) ensure that all Bureau of Prisons facilities regularly and visibly post, including in prisoner handbooks, staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners upon demand, notice of—

“(i) a defendant’s ability to request a sentence reduction pursuant to subsection (c)(1)(A);

“(ii) the procedures and timelines for initiating and resolving requests described in clause (i); and

“(iii) the right to appeal a denial of a request described in clause (i) after all administrative rights to appeal within the Bureau of Prisons have been exhausted.

“(3) Annual report.—Not later than 1 year after the date of enactment of this subsection, and once every year thereafter, the Director of the Bureau of Prisons 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 requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year—

“(A) the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(B) the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(C) the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

“(D) the number of requests that attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

“(E) the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(F) the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(G) for each request, the time elapsed between the date the request was received by the warden and the final decision, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(H) for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

“(I) the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit;

“(J) the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and

“(K) the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court.”

SEC. 604. Identification for Returning Citizens.

(a)
Identification and Release Assistance for Federal Prisoners.— Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is amended—
(1)
in paragraph (1)—
(A)
by striking “ (including” and inserting “ prior to release from a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including”; and
(B)
by striking “ or birth certificate) prior to release” and inserting “ and a birth certificate”; and
(2)
by adding at the end the following:

“(4) Definition.—In this subsection, the term ‘community confinement’ means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility.”

(b)
Duties of the Bureau of Prisons.— Section 4042(a) of title 18, United States Code, is amended—
(1)
by redesignating paragraphs (D) and (E) as paragraphs (6) and (7), respectively;
(2)
in paragraph (6) (as so redesignated)—
(A)
in clause (i)—
(i)
by striking “ Social Security Cards,”; and
(ii)
by striking “ and” at the end;
(B)
by redesignating clause (ii) as clause (iii);
(C)
by inserting after clause (i) the following:

“(ii) obtain identification, including a social security card, driver’s license or other official photo identification, and a birth certificate; and”

(D)
in clause (iii) (as so redesignated), by inserting after “ prior to release” the following: “ from a sentence to a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term of community confinement”; and
(E)
by redesignating clauses (i), (ii), and (iii) (as so amended) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; and
(3)
in paragraph (7) (as so redesignated), by redesignating clauses (i) through (vii) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly.

SEC. 605. Expanding Inmate Employment Through Federal Prison Industries.

(a)
New Market Authorizations.— Chapter 307 of title 18, United States Code, is amended by inserting after section 4129 the following:

Ҥ 4130. Additional markets

“(a) In General.—Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries may sell products to—

“(1) public entities for use in penal or correctional institutions;

“(2) public entities for use in disaster relief or emergency response;

“(3) the government of the District of Columbia; and

“(4) any organization described in subsection (c)(3), (c)(4), or (d) of section 501 of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.

“(b) Office Furniture.—Federal Prison Industries may not sell office furniture to the organizations described in subsection (a)(4).

“(c) Definitions.—In this section:

“(1) The term ‘office furniture’ means any product or service offering intended to meet the furnishing needs of the workplace, including office, healthcare, educational, and hospitality environments.

“(2) The term ‘public entity’ means a State, a subdivision of a State, an Indian tribe, and an agency or governmental corporation or business of any of the foregoing.

“(3) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.”

(b)
Technical Amendment.— The table of sections for chapter 307 of title 18, United States Code, is amended by inserting after the item relating to section 4129 the following:

“4130. Additional markets.”.

(c)
Deferred Compensation.— Section 4126(c)(4) of title 18, United States Code, is amended by inserting after “ operations,” the following: “ not less than 15 percent of such compensation for any inmate shall be reserved in the fund or a separate account and made available to assist the inmate with costs associated with release from prison,”.
(d)
GAO Report.— Beginning not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct an audit of Federal Prison Industries that includes the following:
(1)
An evaluation of Federal Prison Industries’s effectiveness in reducing recidivism compared to other rehabilitative programs in the prison system.
(2)
An evaluation of the scope and size of the additional markets made available to Federal Prison Industries under this section and the total market value that would be opened up to Federal Prison Industries for competition with private sector providers of products and services.
(3)
An evaluation of whether the following factors create an unfair competitive environment between Federal Prison Industries and private sector providers of products and services which would be exacerbated by further expansion:
(A)
Federal Prison Industries’s status as a mandatory source of supply for Federal agencies and the requirement that the buying agency must obtain a waiver in order to make a competitive purchase from the private sector if the item to be acquired is listed on the schedule of products and services published by Federal Prison Industries.
(B)
Federal Prison Industries’s ability to determine that the price to be paid by Federal Agencies is fair and reasonable, rather than such a determination being made by the buying agency.
(C)
An examination of the extent to which Federal Prison Industries is bound by the requirements of the generally applicable Federal Acquisition Regulation pertaining to the conformity of the delivered product with the specified design and performance specifications and adherence to the delivery schedule required by the Federal agency, based on the transactions being categorized as interagency transfers.
(D)
An examination of the extent to which Federal Prison Industries avoids transactions that are little more than pass through transactions where the work provided by inmates does not create meaningful value or meaningful work opportunities for inmates.
(E)
The extent to which Federal Prison Industries must comply with the same worker protection, workplace safety and similar regulations applicable to, and enforceable against, Federal contractors.
(F)
The wages Federal Prison Industries pays to inmates, taking into account inmate productivity and other factors such as security concerns associated with having a facility in a prison.
(G)
The effect of any additional cost advantages Federal Prison Industries has over private sector providers of goods and services, including—
(i)
the costs absorbed by the Bureau of Prisons such as inmate medical care and infrastructure expenses including real estate and utilities; and
(ii)
its exemption from Federal and State income taxes and property taxes.
(4)
An evaluation of the extent to which the customers of Federal Prison Industries are satisfied with quality, price, and timely delivery of the products and services provided it provides, including summaries of other independent assessments such as reports of agency inspectors general, if applicable.

SEC. 606. De-Escalation Training.

Beginning not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall incorporate into training programs provided to officers and employees of the Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures to—
(1)
de-escalate encounters between a law enforcement officer or an officer or employee of the Bureau of Prisons, and a civilian or a prisoner (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act); and
(2)
identify and appropriately respond to incidents that involve the unique needs of individuals who have a mental illness or cognitive deficit.

SEC. 607. Evidence-Based Treatment for Opioid and Heroin Abuse.

(a)
Report on Evidence-based Treatment for Opioid and Heroin Abuse.— Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment where appropriate. In preparing the report, the Director shall consider medication-assisted treatment as a strategy to assist in treatment where appropriate and not as a replacement for holistic and other drug-free approaches. The report shall include a description of plans to expand access to evidence-based treatment for heroin and opioid abuse for prisoners, including access to medication-assisted treatment in appropriate cases. Following submission, the Director shall take steps to implement these plans.
(b)
Report on the Availability of Medication-Assisted Treatment for Opioid and Heroin Abuse, and Implementation Thereof.— Not later than 120 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication-assisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release. Following submission, the Director will take steps to implement these plans.

SEC. 608. Pilot Programs.

(a)
In General.— The Bureau of Prisons shall establish each of the following pilot programs for 5 years, in at least 20 facilities:
(1)
Mentorship for youth.— A program to pair youth with volunteers from faith-based or community organizations, which may include formerly incarcerated offenders, that have relevant experience or expertise in mentoring, and a willingness to serve as a mentor in such a capacity.
(2)
Service to abandoned, rescued, or otherwise vulnerable animals.— A program to equip prisoners with the skills to provide training and therapy to animals seized by Federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned, rescued, or otherwise vulnerable animals.
(b)
Reporting Requirement.— Not later than 1 year after the conclusion of the pilot programs, the Attorney General shall report to Congress on the results of the pilot programs under this section. Such report shall include cost savings, numbers of participants, and information about recidivism rates among participants.
(c)
Definition.— In this title, the term “youth” means a prisoner (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act) who was 21 years of age or younger at the time of the commission or alleged commission of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be.

SEC. 610. Data Collection.

(a)
National Prisoner Statistics Program.— Beginning not later than 1 year after the date of enactment of this Act, and annually thereafter, pursuant to the authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the Director of the Bureau of Justice Statistics, with information that shall be provided by the Director of the Bureau of Prisons, shall include in the National Prisoner Statistics Program the following:
(1)
The number of prisoners (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act) who are veterans of the Armed Forces of the United States.
(2)
The number of prisoners who have been placed in solitary confinement at any time during the previous year.
(3)
The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as the outcomes of such pregnancies, including information on pregnancies that result in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
(4)
The number of prisoners who volunteered to participate in a substance abuse treatment program, and the number of prisoners who have participated in such a program.
(5)
The number of prisoners provided medication-assisted treatment with medication approved by the Food and Drug Administration while in custody in order to treat substance use disorder.
(6)
The number of prisoners who were receiving medication-assisted treatment with medication approved by the Food and Drug Administration prior to the commencement of their term of imprisonment.
(7)
The number of prisoners who are the parent or guardian of a minor child.
(8)
The number of prisoners who are single, married, or otherwise in a committed relationship.
(9)
The number of prisoners who have not achieved a GED, high school diploma, or equivalent prior to entering prison.
(10)
The number of prisoners who, during the previous year, received their GED or other equivalent certificate while incarcerated.
(11)
The numbers of prisoners for whom English is a second language.
(12)
The number of incidents, during the previous year, in which restraints were used on a female prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of restraints used, and the circumstances under which each incident occurred.
(13)
The vacancy rate for medical and healthcare staff positions, and average length of such a vacancy.
(14)
The number of facilities that operated, at any time during the previous year, without at least 1 clinical nurse, certified paramedic, or licensed physician on site.
(15)
The number of facilities that during the previous year were accredited by the American Correctional Association.
(16)
The number and type of recidivism reduction partnerships described in section 3621(h)(5) of title 18, United States Code, as added by section 102(a) of this Act, entered into by each facility.
(17)
The number of facilities with remote learning capabilities.
(18)
The number of facilities that offer prisoners video conferencing.
(19)
Any changes in costs related to legal phone calls and visits following implementation of section 3632(d)(1) of title 18, United States Code, as added by section 101(a) of this Act.
(20)
The number of aliens in prison during the previous year.
(21)
For each Bureau of Prisons facility, the total number of violations that resulted in reductions in rewards, incentives, or time credits, the number of such violations for each category of violation, and the demographic breakdown of the prisoners who have received such reductions.
(22)
The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal prosecutions of prisoners for assaulting Bureau of Prisons staff.
(23)
The capacity of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility.
(24)
The number of volunteers who were certified to volunteer in a Bureau of Prisons facility, broken down by level (level I and level II), and by each Bureau of Prisons facility.
(25)
The number of prisoners enrolled in recidivism reduction programs and productive activities at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those enrolled prisoners who successfully completed each program.
(26)
The breakdown of prisoners classified at each risk level by demographic characteristics, including age, sex, race, and the length of the sentence imposed.
(b)
Report to Judiciary Committees.— Beginning not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 7 years, the Director of the Bureau of Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26) of subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

SEC. 611. Healthcare Products.

(a)
Availability.— The Director of the Bureau of Prisons shall make the healthcare products described in subsection (c) available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner.
(b)
Quality Products.— The Director shall ensure that the healthcare products provided under this section conform with applicable industry standards.
(c)
Products.— The healthcare products described in this subsection are tampons and sanitary napkins.

SEC. 612. Adult and Juvenile Collaboration Programs.

Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10651) is amended—
(1)
in subsection (b)(4)—
(A)
by striking subparagraph (D); and
(B)
by redesignating subparagraph (E) as subparagraph (D);
(2)
in subsection (e), by striking “ may use up to 3 percent” and inserting “ shall use not less than 6 percent”; and
(3)
by amending subsection (g) to read as follows:

“(g) Collaboration Set-aside.—The Attorney General shall use not less than 8 percent of funds appropriated to provide technical assistance to State and local governments receiving grants under this part to foster collaboration between such governments in furtherance of the purposes set forth in section 3 of the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).”

SEC. 613. Juvenile Solitary Confinement.

(a)
In General.— Chapter 403 of title 18, United States Code, is amended by adding at the end the following:

Ҥ 5043. Juvenile solitary confinement

“(a) Definitions.—In this section—

“(1) the term ‘covered juvenile’ means—

“(A) a juvenile who—

“(i) is being proceeded against under this chapter for an alleged act of juvenile delinquency; or

“(ii) has been adjudicated delinquent under this chapter; or

“(B) a juvenile who is being proceeded against as an adult in a district court of the United States for an alleged criminal offense;

“(2) the term ‘juvenile facility’ means any facility where covered juveniles are—

“(A) committed pursuant to an adjudication of delinquency under this chapter; or

“(B) detained prior to disposition or conviction; and

“(3) the term ‘room confinement’ means the involuntary placement of a covered juvenile alone in a cell, room, or other area for any reason.

“(b) Prohibition on Room Confinement in Juvenile Facilities.—

“(1) In general.—The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile’s behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile, is prohibited.

“(2) Juveniles posing risk of harm.—

“(A) Requirement to use least restrictive techniques.—

“(i) In general.—Before a staff member of a juvenile facility places a covered juvenile in room confinement, the staff member shall attempt to use less restrictive techniques, including—

“(I) talking with the covered juvenile in an attempt to de-escalate the situation; and

“(II) permitting a qualified mental health professional to talk to the covered juvenile.

“(ii) Explanation.—If, after attempting to use less restrictive techniques as required under clause (i), a staff member of a juvenile facility decides to place a covered juvenile in room confinement, the staff member shall first—

“(I) explain to the covered juvenile the reasons for the room confinement; and

“(II) inform the covered juvenile that release from room confinement will occur—

“(aa) immediately when the covered juvenile regains self-control, as described in subparagraph (B)(i); or

“(bb) not later than after the expiration of the time period described in subclause (I) or (II) of subparagraph (B)(ii), as applicable.

“(B) Maximum period of confinement.—If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released—

“(i) immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others; or

“(ii) if a covered juvenile does not sufficiently gain control as described in clause (i), not later than—

“(I) 3 hours after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others; or

“(II) 30 minutes after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself.

“(C) Risk of harm after maximum period of confinement.—If, after the applicable maximum period of confinement under subclause (I) or (II) of subparagraph (B)(ii) has expired, a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause—

“(i) the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement; or

“(ii) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile.

“(D) Spirit and purpose.—The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited.”

(b)
Technical and Conforming Amendment.— The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following:

“5043. Juvenile solitary confinement.”.