,,ii #aaeth ,,congress #ast ,session ,s4 #cbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g 7legislative day1 ,february #f71 #bjag,mr4 ,booker 7for himself1 ,mr4 ,paul1 ,mr4 ,durbin1 ,mr4 ,lee1 ,mr4 ,lankford1 and ,mr4 ,casey7 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 #bjag 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 professional1 or a staff member who has received training in de-escalation techniques and trauma-informed care1 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 immediately 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 immediately transport the juvenile to-- 7,i7 an emergency medical facility2 or 7,,ii7 an equivalent location that can meet the needs of the covered juvenile4 7,d7 ,action before expiration of time limit ,nothing in subparagraph 7,c7 shall be construed to prohibit an action described in clause 7i7 or 7ii7 of that subparagraph from being taken before the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired4 7,e7 ,conditions ,a room used for room confinement for a juvenile shall-- 7i7 have not less than #hj square feet of floor space2 7ii7 have adequate lighting1 heating or cooling 7as applicable71 and ventilation for the comfort of the juvenile2 7iii7 be suicide-resistant and protrusion-free2 and 7iv7 have access to clean potable water1 toilet facilities1 and hygiene supplies4 7,f7 ,notice 7i7 ,use of room confinement ,not later than #a business day after the date on which a juvenile facility places a covered juvenile in room confinement1 the juvenile facility shall provide notice to the attorney of record for the juvenile4 7ii7 ,transfer ,not later than #bd hours after a covered juvenile is transferred from a juvenile facility to another location1 the juvenile facility shall provide notice to-- 7,i7 the attorney of record for the juvenile2 and 7,,ii7 an authorized parent or guardian of the juvenile4 7,g7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 7c7 ,study and report ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report that-- 7#a7 contains a detailed description of the type of physical force1 restraints1 and room confinement used at juvenile facilities2 7#b7 describes the number of instances in which physical force1 restraints1 or room confinement are used at juvenile facilities1 disaggregated by race1 ethnicity1 and gender2 and 7#c7 contains a detailed description of steps taken1 in each instance in which room confinement is used at a juvenile facility1 to address and remedy the underlying issue that led to behavioral intervention resulting in the use of room confinement1 including any positive or negative outcomes4 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