,i #aafth ,,congress #ast ,session ,h4 ,r4 #ddhh ,,in ,,the ,,house ,,of ,,representatives ,september #be1 #bjai,mr4 ,richmond 7for himself and ,mr4 ,walker7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to develop and implement national standards for the use of solitary confinement in correctional facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,solitary ,confinement ,study and ,reform ,act of #bjai4 #b4 ,purposes ,the purposes of this ,act are to-- 7#a7 develop and implement national standards for the use of solitary confinement to ensure that it is used infrequently and only under extreme circumstances2 7#b7 establish a more humane and constitutionally sound practice of segregated detention or solitary confinement in correctional facilities2 7#c7 accelerate the development of best practices and make reforming solitary confinement a top priority in each correctional facility at the ,federal and ,state levels2 7#d7 increase the available data and information on the incidence of solitary confinement1 consequently improving the management and administration of correctional facilities2 7#e7 standardize the definitions used for collecting data on the incidence of solitary confinement2 7#f7 increase the accountability of correctional facility officials who fail to design and implement humane and constitutionally sound solitary confinement practices2 7#g7 protect the ,eighth ,amendment rights of inmates at correctional facilities2 and 7#h7 reduce the costs that solitary confinement imposes on interstate commerce4 #c4 ,national solitary confinement study and reform commission 7a7 ,establishment ,there is established a commission to be known as the ,national ,solitary ,confinement ,study and ,reform ,commission4 7b7 ,members 7#a7 ,in general ,the ,commission shall be composed of #i members1 of whom-- 7,a7 #c shall be appointed by the ,president2 7,b7 #b shall be appointed by the ,speaker of the ,house of ,representatives1 unless the ,speaker is of the same party as the ,president1 in which case #a shall be appointed by the ,speaker of the ,house of ,representatives and #a shall be appointed by the minority leader of the ,house of ,representatives2 7,c7 #a shall be appointed by the minority leader of the ,house of ,representatives 7in addition to any appointment made under subparagraph 7,b772 7,d7 #b shall be appointed by the majority leader of the ,senate1 unless the majority leader is of the same party as the ,president1 in which case #a shall be appointed by the majority leader of the ,senate and #a shall be appointed by the minority leader of the ,senate2 and 7,e7 #a shall be appointed by the minority leader of the ,senate 7in addition to any appointment made under subparagraph 7,d774 7#b7 ,persons eligible ,each member of the ,commission shall be an individual who has knowledge or expertise in matters to be studied by the ,commission4 7#c7 ,consultation required ,the ,president1 the ,speaker1 and the minority leader of the ,house of ,representatives1 and the majority leader and minority leader of the ,senate shall consult with one another prior to the appointment of the members of the ,commission to achieve1 to the maximum extent possible1 fair and equitable representation of various points of view with respect to the matters to be studied by the ,commission4 7#d7 ,term ,each member shall be appointed for the life of the ,commission4 7#e7 ,time for initial appointments ,the appointment of the members shall be made not later than #ahj days after the date of enactment of this ,act4 7#f7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made1 and shall be made not later than #fj days after the date on which the vacancy occurred4 7c7 ,operation 7#a7 ,chairperson ,not later than #ae days after appointments of all the members are made1 the ,president shall appoint a chairperson for the ,commission from among its members4 7#b7 ,meetings ,the ,commission shall meet at the call of the chairperson4 ,the initial meeting of the ,commission shall take place not later than #cj days after the initial appointment of the members is completed4 7#c7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum to conduct business1 but the ,commission may establish a lesser quorum for conducting hearings scheduled by the ,commission4 7#d7 ,rules ,the ,commission may establish by majority vote any other rules for the conduct of ,commission business1 if such rules are not inconsistent with this ,act or other applicable law4 7d7 ,comprehensive study of the impacts of solitary confinement 7#a7 ,in general ,the ,commission shall carry out a comprehensive legal and factual study of the penological1 physical1 mental1 medical1 social1 fiscal1 and economic impacts of solitary confinement in the ,united ,states on-- 7,a7 ,federal1 ,state1 and local governments2 and 7,b7 communities and social institutions generally1 including individuals1 families1 and businesses within such communities and social institutions4 7#b7 ,matters included ,the study under paragraph 7#a7 shall include-- 7,a7 a review of existing ,federal1 ,state1 and local government policies and practices with respect to the extent and duration of the use of solitary confinement2 7,b7 an assessment of the relationship between solitary confinement and correctional facility conditions1 and existing monitoring1 regulatory1 and enforcement practices2 7,c7 an assessment of the characteristics of prisoners and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood2 7,d7 an assessment of the impacts of solitary confinement on individuals1 families1 social institutions1 and the economy generally2 7,e7 an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature2 7,f7 an assessment of the general relationship between solitary confinement and mental illness2 7,g7 an assessment of the relationship between solitary confinement and levels of training1 supervision1 and discipline of the staff of correctional facilities2 and 7,h7 an assessment of existing ,federal and ,state systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide4 7#c7 ,report 7,a7 ,distribution ,not later than two years after the date of the initial meeting of the ,commission1 the ,commission shall submit a report on the study carried out under this subsection to-- 7i7 the ,president2 7ii7 the ,congress2 7iii7 the ,attorney ,general of the ,united ,states2 7iv7 the ,secretary of ,health and ,human ,services2 7v7 the ,director of the ,federal ,bureau of ,prisons2 7vi7 the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention2 7vii7 the chief executive of each ,state2 and 7viii7 the head of the department of corrections of each ,state4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 the findings and conclusions of the ,commission2 7ii7 the recommended national standards for reducing the use of solitary confinement described in subsection 7e72 and 7iii7 a summary of the materials relied on by the ,commission in the preparation of the report4 7e7 ,recommendations 7#a7 ,in general ,as part of the report submitted under subsection 7d77#c71 the ,commission shall provide the ,attorney ,general and the ,secretary of ,health and ,human ,services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities4 7#b7 ,matters included ,the information provided under paragraph 7#a7 shall include recommended national standards relating to-- 7,a7 how authorities can progress toward significantly limiting the utilization of solitary confinement so that a prisoner may be placed in solitary confinement only under extreme emergency circumstances1 as a last resort1 for as short a time as possible1 subject to independent review1 and pursuant to the authorization of a competent authority2 7,b7 methods that can be employed to ensure that the duration of solitary confinement of a prisoner at an institution can be limited to no more than #ae consecutive days in a #fj-;day period1 except that if the head of a correctional facility makes an individualized determination that the prisoner cannot be safely returned to the general population1 the head of the correctional facility may continue to segregate the prisoner from the general population without the use of solitary confinement and in accordance with the ,united ,nations ,standard ,minimum ,rules on the ,treatment of ,prisoners2 7,c7 ensuring that prior to being classified1 assigned1 or subject to long-term segregation1 a prisoner shall be entitled to a meaningful hearing on the reason for and duration of the confinement and have access to legal counsel for such hearings2 7,d7 ensuring that indefinite sentencing of a prisoner to long-term segregation will not be allowed and that the prisoner will be afforded a meaningful review of the segregation at least once every #cj days that the prisoner remains in segregation and that correctional facility officials must record and provide a transcript of the review proceedings for the prisoner under review to the prisoner or the prisoner's designee2 7,e7 ensuring that correctional facility officials design and implement programming that allows prisoners subject to long-term segregation to earn placement in less restrictive housing through positive behavior2 7,f7 ensuring that protective custody and other custody designations designed to protect vulnerable prisoners1 regardless of the reason for vulnerability1 are not characterized by solitary confinement or other type of isolation conditions1 and that prisoners placed in protective custody have access to programs1 privileges1 education1 and work opportunities commensurate with general population prisoners to the extent possible2 7,g7 ensuring that correctional facility officials improve access to mental health treatment for prisoners in solitary confinement2 7,h7 ensuring that correctional facility officials work toward systems wherein prisoners diagnosed by a qualified mental health professional with a serious mental illness are not held in long-term solitary confinement2 7,i7 ensuring that correctional facility officials do all that is feasible to make certain that prisoners are not held in solitary confinement for any duration2 7,j7 ensuring that correctional facility officials develop alternative methods to manage issues with prisoners other than solitary confinement2 7,k7 ensuring that correctional facility officers do all that is feasible to make certain that prisoners with mental health1 physical1 or cognitive disabilities are not held in solitary confinement for any duration2 7,l7 ensuring that correctional facility officers do all that is feasible to make certain that pregnant and post-partum women are not held in solitary confinement for any duration2 7,m7 ensuring that correctional facility officers work towards systems that limit the circumstances and conditions under which juveniles are placed in solitary confinement1 in compliance with section #ejdc of title #ah1 ,united ,states ,code2 and 7,n7 such other matters as may reasonably be related to the goal of reducing solitary confinement in correctional facilities4 7#c7 ,limitation ,the ,commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities1 and shall seek to propose standards that reduce the costs of incarceration at such facilities4 7f7 ,consultation with accreditation organizations ,in developing recommended national standards for the reduction of solitary confinement under subsection 7e71 the ,commission shall consider any standards that have already been developed1 or are being developed simultaneously to the deliberations of the ,commission4 ,the ,commission shall consult with accreditation organizations responsible for the accreditation of correctional facilities that have developed or are developing standards related to solitary confinement4 ,the ,commission shall also consult with national associations representing the corrections profession1 the legal profession1 the medical profession1 or any other pertinent professional body that has developed or is developing standards related to solitary confinement4 7g7 ,hearings 7#a7 ,in general ,the ,commission shall hold public hearings4 ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out its duties under this section4 7#b7 ,witness expenses ,witnesses requested to appear before the ,commission shall be paid the same fees as are paid to witnesses under section #ahba of title #bh1 ,united ,states ,code4 ,the per diem and mileage allowances for witnesses shall be paid from funds appropriated to the ,commission4 7h7 ,information from ,federal or ,state agencies ,the ,commission may secure directly from any ,federal department or agency such information as the ,commission considers necessary to carry out its duties under this section4 ,the ,commission may request the head of any ,state or local department or agency to furnish such information to the ,commission4 7i7 ,personnel matters 7#a7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service for the ,commission4 7#b7 ,detail of ,federal employees ,with the affirmative vote of #bc of the ,commission1 any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency1 may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status1 benefits1 or privileges4 7#c7 ,procurement of temporary and intermittent services ,upon the request of the ,commission1 the ,attorney ,general shall provide reasonable and appropriate office space1 supplies1 and administrative assistance4 7j7 ,contracts for research 7#a7 ,national ,institute of ,justice ,with a #bc affirmative vote1 the ,commission may select nongovernmental researchers and experts to assist the ,commission in carrying out its duties under this ,act4 ,the ,national ,institute of ,justice shall contract with the researchers and experts selected by the ,commission to provide funding in exchange for their services4 7#b7 ,other organizations ,nothing in this subsection shall be construed to limit the ability of the ,commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the ,commission under this section4 7k7 ,termination ,the ,commission shall terminate on the date that is #fj days after the date on which the ,commission submits the reports required by this section4 7l7 ,exemption ,the ,commission shall be exempt from the ,federal ,advisory ,committee ,act4 #d4 ,adoption and effect of national standards 7a7 ,publication of standards 7#a7 ,final rule ,not later than two years after receiving the report specified in section 7#c77;d77#c71 the ,attorney ,general shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities4 7#b7 ,independent judgment ,the standards referred to in paragraph 7#a7 shall be based upon the independent judgment of the ,attorney ,general1 after giving consideration to the recommended national standards provided by the ,commission under section #c7;e71 and being informed by such data1 opinions1 and proposals that the ,attorney ,general determines to be appropriate to consider4 7#c7 ,limitation ,the ,attorney ,general shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by ,federal and ,state correctional systems4 ,the ,attorney ,general may1 however1 provide a list of improvements for consideration by correctional facilities4 7#d7 ,transmission to ,states ,not later than #ij days after publishing the final rule under paragraph 7#a71 the ,attorney ,general shall transmit the national standards adopted under that paragraph to the chief executive of each ,state1 the head of the department of corrections of each ,state1 the head of the department of juvenile justice of each ,state1 and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities4 7b7 ,applicability to ,federal ,bureau of ,prisons ,the national standards referred to in subsection 7a7 shall apply to the ,federal ,bureau of ,prisons immediately upon adoption of the final rule under subsection 7a77#a74 7c7 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program funding reduction ,beginning in the second fiscal year that begins after the date on which the ,attorney ,general issues the final rule under subsection 7a77#a71 in the case of a ,state or unit of local government that is not in compliance with the national standards described in subsection 7a77#a71 the ,attorney ,general shall reduce by #e percent the amount that such ,state or unit of local government would otherwise receive under subpart #a of part ,e of the ,omnibus ,crime and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq474 #e4 ,definitions ,for purposes of this ,act1 the following definitions shall apply3 7#a7 ,attorney ,general ,the term ,attorney ,general means the ,attorney ,general of the ,united ,states4 7#b7 ,commission ,the term ,commission means the ,national ,solitary ,confinement ,study and ,reform ,commission established under section #c of this ,act4 7#c7 ,long-term ,the term long-term means any period lasting more than #ae consecutive days in a #fj-;day period4 7#d7 ,qualified mental health professional ,the term qualified mental health professional means a psychiatrist1 psychologist1 psychiatric social worker1 licensed professional counselor1 psychiatric nurse1 or another individual who1 by virtue of education1 credentials1 and experience1 is permitted by law to evaluate and provide mental health care4 7#e7 ,serious mental illness ,the term serious mental illness means a substantial disorder that-- 7,a7 significantly impairs judgment1 behavior1 or capacity to recognize reality or cope with the ordinary demands of life2 and 7,b7 is manifested by substantial pain or disability1 the status of being actively suicidal1 a severe cognitive disorder that results in significant functional impairment1 or a severe personality disorder that results in significant functional impairment4 7#f7 ,solitary confinement ,the term solitary confinement means confinement of a prisoner or juvenile detainee in a cell or other place1 alone or with other persons1 for approximately #bb hours or more per day with severely restricted activity1 movement1 and social interaction1 which is separate from the general population of that correctional facility4 7#g7 ,segregation ,the term segregation means housing of a prisoner separate from the general population of a correctional facility in which movement1 activity1 and social interaction may be restricted4 7#h7 ,correctional facility ,the term correctional facility means a ,federal1 ,state1 local1 or privately run prison1 jail1 or juvenile detention facility4