,i #aafth ,,congress #b;d ,session ,h4 ,r4 #haee ,,in ,,the ,,house ,,of ,,representatives ,september #a1 #bjbj ,mrs4 ,watson ,coleman introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to impose conditions on the use of solitary confinement in ,federal prisons1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restricting the ,use of ,solitary ,confinement ,act of #bjbj4 #b4 ,solitary confinement 7a7 ,in general ,chapter #cja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djae4 ,solitary confinement 7a7 ,in general ,any placement of an inmate in solitary confinement shall comply with the following3 7#a7 ,an inmate shall not be placed in solitary confinement unless there is reasonable cause to believe that-- 7,a7 the inmate would create a substantial risk of immediate serious harm to another1 as evidenced by recent threats or conduct2 and 7,b7 a less restrictive intervention would be insufficient to reduce this risk4 ,the correctional facility shall bear the burden of establishing this standard by clear and convincing evidence before any agency review4 ,an inmate who would create a substantial risk of immediate serious harm to self1 or who create a substantial risk of immediate serious harm to another because of a medical reason shall be placed in an appropriate medical facility4 7#b7 ,an inmate shall not be placed in solitary confinement for non-disciplinary reasons4 7#c7 ,an inmate shall not be placed in solitary confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician4 ,a preliminary examination shall be conducted by a member of the medical staff within #ab hours before confinement and the clinical examination shall be conducted within #dh hours of confinement4 7#d7 ,an inmate shall only be held in solitary confinement pursuant to initial procedures and reviews which provide timely1 fair and meaningful opportunities for the inmate to contest the confinement in such an administrative proceeding as the ,director shall establish4 ,these procedures shall include-- 7,a7 the right to an initial hearing within #gb hours of placement and a review every #ae days thereafter1 in the absence of exceptional circumstances1 unavoidable delays1 or reasonable postponements2 7,b7 the right to appear at the hearing2 7,c7 the right to be represented at the hearing pursuant to the ,defender ,services ,program of the ,department of ,justice2 7,d7 an independent hearing officer2 and 7,e7 a written statement of reasons for the decision made at the hearing4 7#e7 ,the final decision to place an inmate in solitary confinement shall be made by the administrator of the correctional facility where that inmate is held4 7#f7 ,an inmate shall not be placed or retained in solitary confinement if the administrator determines that the inmate no longer meets the standard for the confinement4 7#g7 ,a clinician shall evaluate each inmate placed in solitary confinement on a daily basis1 in a confidential setting outside of the cell whenever possible1 to determine whether the inmate is a vulnerable person4 7#h7 ,an inmate shall not be placed in solitary confinement for more than #ae consecutive days1 or for more than #bj days during any #fj-;day period4 7#i7 ,an inmate held in solitary confinement shall not be denied access to food1 water1 medical care including emergency medical care1 or any other basic necessity4 7#aj7 ,an inmate shall not be directly released from solitary confinement to the community during the final #ahj days of the inmate's term of incarceration1 unless it is necessary for the safety of the inmate1 staff1 other inmates1 or the public4 7#aa7 ,an inmate who is a vulnerable person described in subparagraph 7,b71 7,e71 or 7,f7 of subsection 7b77#c71 who would otherwise be placed in solitary confinement1 shall alternately be placed in an appropriate medical or other unit as determined by the administrator4 7b7 ,definitions ,in this section3 7#a7 ,clinician ,the term clinician means a ,federal or ,state licensed physician1 except that for purposes of mental health evaluations1 the term shall include a ,federal or ,state licensed psychiatrist or psychologist1 or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing4 7#b7 ,solitary confinement ,the term solitary confinement means confinement of an inmate in a correctional facility1 pursuant to disciplinary1 administrative1 protective1 investigative1 medical1 or other classification1 in a cell or similarly confined holding or living space1 alone or with other inmates1 for approximately #bj hours or more per day1 with severely restricted activity1 movement1 and social interaction4 7#c7 ,vulnerable person ,the term vulnerable person means any inmate who-- 7,a7 is #be years of age or younger2 7,b7 is #fe years of age or older2 7,c7 has a disability based on a mental illness1 a history of psychiatric hospitalization1 or has recently exhibited conduct1 including serious self-mutilation1 indicating the need for further observation or evaluation to determine the presence of mental illness2 7,d7 has a developmental disability2 7,e7 has a serious medical condition which cannot effectively be treated in isolated confinement2 7,f7 is pregnant1 is in the postpartum period1 or has recently suffered a miscarriage or terminated a pregnancy2 7,g7 has a significant auditory or visual impairment2 or 7,h7 is perceived to be lesbian1 gay1 bisexual1 transgender1 or intersex4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by adding at the end the following3 #djae4 ,solitary confinement4 4 #c4 ,report ,not later than #bgj days after the date of enactment of this ,act1 the ,bureau of ,prisons shall prepare1 in consultation with other entities including human rights advocates1 mental health experts1 academics1 and other professionals in the correction and rehabilitation area1 and thereafter submit a report to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate with recommendations to reduce the use of solitary confinement in ,federal prisons to near zero over the #aj-year period beginning on the date of the submission of the report4