,,ii  #aadth ,,congress  #ast ,session  
,s4 #aife  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #e1    
#bjae,mr4 ,booker 7for himself1 ,mr4    
,paul1 ,mr4 ,lee1 and ,mr4 ,durbin7     
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to place restrictions on the use of    
solitary confinement for juveniles in   
,federal custody4  #a4 ,short title     
,this ,act may be cited as the          
,maintaining dignity and ,eliminating   
unnecessary ,restrictive ,confinement of
 ,youths ,act of #bjae or the ,,mercy   
,act4  #b4 ,juvenile solitary           
confinement  7a7 ,in general ,chapter   
#djc of title #ah1 ,united ,states      
,code1 is amended by adding at the end  
the following3  #ejdc4 ,juvenile        
solitary confinement  7a7 ,definitions  
,in this section-- 7#a7 the term covered
 juvenile means--  7,a7 a juvenile who--
 7i7 is being proceeded against under   
this chapter for an alleged act of      

juvenile delinquency2 or  7ii7 has been 
adjudicated delinquent under this       
chapter2 or  7,b7 a juvenile who is     
being proceeded against as an adult in a
 district court of the ,united ,states  
for an alleged criminal offense2  7#b7  
the term juvenile facility means any    
facility where covered juveniles are--  
7,a7 committed pursuant to an           
adjudication of delinquency under this  
chapter2 or  7,b7 detained prior to     
disposition or conviction2 and  7#c7 the
 term room confinement means the        
involuntary placement of a covered      
juvenile alone in a cell1 room1 or other
 area for any reason4  7b7 ,prohibition 
on room confinement in juvenile         
facilities  7#a7 ,in general ,the use of
 room confinement at a juvenile facility
 for discipline1 punishment1            
retaliation1 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 individual1 including the covered   

juvenile1 is prohibited4  7#b7          
,juveniles posing risk of harm  7,a7    
,requirement to use least restrictive   
techniques  7i7 ,in general ,before a   
staff member of a juvenile facility     
places a covered juvenile in room       
confinement1 the staff member shall     
attempt to use less restrictive         
techniques1 including--  7,i7 talking   
with the covered juvenile in an attempt 
to de-escalate the situation2 and       
7,,ii7 permitting a qualified mental    
health professional to talk to the      
covered juvenile4  7ii7 ,explanation    
,if1 after attempting to use less       
restrictive techniques as required under
 clause 7i71 a staff member of a        
juvenile facility decides to place a    
covered juvenile in room confinement1   
the staff member shall first--  7,i7    
explain to the covered juvenile the     
reasons for the room confinement2 and   
7,,ii7 inform the covered juvenile that 
release from room confinement will      
occur--  7aa7 immediately when the      

covered juvenile regains self-control1  
as described in subparagraph 7,b77i72 or
  7bb7 not later than after the         
expiration of the time period described 
in subclause 7,i7 or 7,,ii7 of          
subparagraph 7,b77ii71 as applicable4   
7,b7 ,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 herself1 or 
to others1 the covered juvenile shall be
 released--  7i7 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 herself1 or to others2 or    
7ii7 if a covered juvenile does not     
sufficiently gain control as described  
in clause 7i71 not later than--  7,i7 #c
 hours after being placed in room       
confinement1 in the case of a covered   
juvenile who poses a serious and        
immediate risk of physical harm to      

others2 or  7,,ii7 #cj minutes after    
being placed in room confinement1 in the
 case of a covered juvenile who poses a 
serious and immediate risk of physical  
harm only to himself or herself4  7,c7  
,risk of harm after maximum period of   
confinement ,if1 after the applicable   
maximum period of confinement under     
subclause 7,i7 or 7,,ii7 of subparagraph
 7,b77ii7 has expired1 a covered        
juvenile continues to pose a serious and
 immediate risk of physical harm        
described in that subclause--  7i7 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 confinement2 or  7ii7 if a      
qualified mental health professional    
believes the level of crisis service    
needed is not currently available1 a    
staff member of the juvenile facility   
shall initiate a referral to a location 
that can meet the needs of the covered  
juvenile4  7,d7 ,spirit and purpose ,the

 use of consecutive periods of room     
confinement to evade the spirit and     
purpose of this subsection shall be     
prohibited4  4  7b7 ,technical and      
conforming amendment ,the table of      
sections for chapter #djc of title #ah1 
,united ,states ,code1 is amended by    
adding at the end the following3  #ejdc4
 ,juvenile solitary confinement4  4