,,ii #aahth ,,congress #b;d ,session ,s4 #daai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ae1 #bjbd,mr4 ,durbin 7for himself and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the use of solitary confinement and other forms of restrictive housing in immigration detention1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,solitary confinement reforms4,sec4 #d4 ,reassessment of detained noncitizens' mental health4,sec4 #e4 ,oversight responsibilities4,sec4 #f4 ,private cause of action4,sec4 #g4 ,rulemaking4,sec4 #h4 ,authorization of appropriations4,sec4 #i4 ,effective date4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate level of care ,the term appropriate level of care means the appropriate treatment setting for mental health care that a detained noncitizen with mental illness requires1 which may include outpatient care1 emergency or crisis services1 day treatment1 supported residential housing1 infirmary care1 or inpatient psychiatric hospitalization services4 7#b7 ,intellectual disability ,the term intellectual disability means a significant mental impairment characterized by significant limitations in intellectual functioning and adaptive behavior4 7#c7 ,longer-term separation ,the term longer-term separation means a nonpunitive form of separation that removes a detained noncitizen from the general population of a detention center or other facility in which the noncitizen is being detained for-- 7,a7 investigative1 protective1 or preventative reasons because of a substantial and immediate threat to the safety or security of the detained noncitizen1 other detained noncitizens1 staff1 or the public2 or 7,b7 temporary administrative reasons4 7#d7 ,multidisciplinary staff committee ,the term multidisciplinary staff committee means a committee-- 7,a7 composed of staff at the facility at which a detained noncitizen resides who are responsible for reviewing the initial placement of the noncitizen in longer-term separation and any extensions of time in longer-term separation2 and 7,b7 that includes-- 7i7 not fewer than #b licensed mental health professionals2 7ii7 not fewer than #b medical professionals2 and 7iii7 not fewer than #a member of the leadership of the facility4 7#e7 ,noncitizen ,the term noncitizen has the meaning given the term alien in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#f7 ,protection case ,the term protection case means a detained noncitizen who1 by the request of the noncitizen or through a staff determination1 requires protection4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#h7 ,serious mental illness ,the term serious mental illness means-- 7,a7 a finding by a qualified mental health professional that the detained noncitizen is at serious risk of substantially deteriorating mentally or emotionally while confined in solitary confinement or longer-term separation1 or already has so deteriorated while confined in solitary confinement or longer-term separation1 such that diversion or removal is deemed to be clinically appropriate by a qualified mental health professional2 or 7,b7 a current or recent diagnosis by a qualified mental health professional of #a or more of the following disorders and any comparable disorders described in the most recent edition of the ,diagnostic and ,statistical ,manual of ,mental ,disorders3 7i7 ,schizophrenia or another psychotic disorder4 7ii7 ,major depressive disorder4 7iii7 ,any type of bipolar disorder4 7iv7 ,a neurodevelopmental disorder1 dementia1 or other cognitive disorder1 including autism spectrum disorder4 7v7 ,any disorder commonly characterized by breaks with reality or perceptions of reality4 7vi7 ,any type of anxiety disorders4 7vii7 ,trauma or stressor related disorder4 7viii7 ,severe personality disorders4 7#i7 ,solitary confinement ,the term solitary confinement means confinement in a cell1 other housing location1 or other space that is not shared space conducive to meaningful group interaction1 whether alone or with #a or more other detained noncitizens4 7#aj7 ,substantial and immediate threat ,the term substantial and immediate threat means a set of circumstances that require immediate action in order to combat a significant threat to the safety of a detained noncitizen1 other detained noncitizens1 staff1 or the public4 7#aa7 ,u4,s4 ,customs and ,border ,protection facility ,the term ,u4,s4 ,customs and ,border ,protection facility means-- 7,a7 a detention facility owned and administered by ,u4,s4 ,customs and ,border ,protection2 or 7,b7 a ,federal1 ,state1 local1 or private facility that has contracted 7directly or indirectly7 with ,u4,s4 ,customs and ,border ,protection to detain noncitizens in ,federal custody1 and regardless of any time limits that exist for the duration of the detention in such a facility4 7#ab7 ,u4,s4 ,immigration and ,customs ,enforcement facility ,the term ,u4,s4 ,immigration and ,customs ,enforcement facility means-- 7,a7 a detention facility owned and administered by ,u4,s4 ,immigration and ,customs ,enforcement2 or 7,b7 a ,federal1 ,state1 local1 or private facility that has contracted 7directly or indirectly7 with ,u4,s4 ,immigration and ,customs ,enforcement to detain noncitizens in ,federal custody1 including a facility of the ,united ,states ,marshals ,service that houses detained noncitizens1 and regardless of any time limits that exist for the duration of the detention in such a facility4 #c4 ,solitary confinement reforms 7a7 ,use of solitary confinement and longer-term separation 7#a7 ,use of solitary confinement ,a detained noncitizen may not be placed in solitary confinement within a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility unless such confinement-- 7,a7 is necessary to address immediate circumstances that pose a substantial and immediate threat2 7,b7 is limited to the briefest term and the least restrictive conditions practicable1 including-- 7i7 not more than #h hours immediately following an incident precipitating placement in solitary confinement2 7ii7 not more than #h hours during any #bd-;hour period2 and 7iii7 not more than #af hours during any #g-;day period2 and 7,c7 complies with the provisions of this section4 7#b7 ,use of longer-term separation ,a detained noncitizen may not be placed in longer-term separation within a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility unless such separation-- 7,a7 is limited to the briefest term and the least restrictive conditions practicable1 including not fewer than #aj hours of out-of-cell time every day2 7,b7 is consistent with the rationale for placement and with the progress achieved by the detained noncitizen2 7,c7 allows a detained noncitizen to have meaningful access to counsel and to participate in meaningful out-of-cell group programming opportunities in a classroom or equivalent setting1 out-of-cell group recreation1 and privileges that are similar to those available in the general population2 7,d7 allows the detained noncitizen to have as much meaningful interaction with others1 such as other detained noncitizens1 counsel1 visitors1 clergy1 or licensed mental health professionals1 as people in the general population2 7,e7 is for the purposes of longer-term separation as detailed in the provisions of this section2 7,f7 is determined to be necessary following the consideration of all alternatives by facility personnel1 including release2 and 7,g7 complies with the provisions under this section4 7#c7 ,specific limitations on longer-term segregation ,the ,secretary-- 7,a7 shall limit longer-term separation in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities-- 7i7 to situations in which such separation is necessary to control a substantial and immediate threat that cannot be addressed through alternative housing2 and 7ii7 to a duration of not more than #g consecutive days1 and not more than #g days in a #ad-;day period1 unless the detained noncitizen-- 7,i7 is a protection case and requests to remain in longer-term separation pursuant to paragraph 7#d77;,b77i72 7,,ii7 is provided with additional out-of-cell time1 socialization1 and programming opportunities2 and 7,,iii7 is provided with not fewer than #aj hours of out-of-cell time each day2 and 7,b7 may not permit the use of solitary confinement or longer-term separation as a form of discipline4 7#d7 ,protective custody ,the ,secretary-- 7,a7 shall establish policies to ensure that a noncitizen who is a protection case-- 7i7 upon the request of such noncitizen1 is released with a care plan2 or 7ii7 if release is not practicable1 is transferred to the least restrictive safer alternative available1 such as-- 7,i7 an alternative to detention2 7,,ii7 an alternative general population unit in the same ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility2 or 7,,iii7 an alternative ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility2 and 7,b7 may not place a detained noncitizen who is a protection case in solitary confinement or longer-term separation due to the status of the noncitizen as a protection case unless-- 7i7 the noncitizen requests to be placed in solitary confinement or longer-term separation1 in which case-- 7,i7 at the request of such noncitizen1 the noncitizen shall be released with a care plan2 or 7,,ii7 if release is not practicable1 the noncitizen is transferred to the least restrictive safer alternative available1 such as-- 7aa7 an alternative to detention2 7bb7 an alternative general population unit in the same ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility2 or 7cc7 an alternative ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,border ,protection facility2 7ii7 such confinement is limited to-- 7,i7 not more than #h hours of solitary confinement and not more than #e days of longer-term separation2 and 7,,ii7 time to prepare the noncitizen for transfer to a safer alternative1 such as any of the alternatives described in items 7aa7 through 7cc7 of clause 7i77,,ii72 and 7iii7 the noncitizen has been verbally informed of any available alternatives2 and 7,c7 not later than #ij days after the date of the enactment of this ,act1 shall-- 7i7 initiate a plan to ensure that each ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility includes alternative general population units in accordance with subparagraphs 7,a77ii77,,ii7 and 7,b77i77,,ii77bb72 and 7ii7 submit a report on the implementation of such plan to-- 7,i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,ii7 the ,committee on the ,judiciary of the ,senate2 7,,iii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,,iv7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#e7 ,vulnerable populations 7,a7 ,in general ,a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility may not place a detained noncitizen in solitary confinement if-- 7i7 except as provided in subparagraph 7,b71 the detained noncitizen-- 7,i7 is younger than #be years of age2 7,,ii7 has a serious mental illness or an intellectual disability2 7,,iii7 has a physical disability that a licensed medical professional determines is likely to be exacerbated by placement in solitary confinement or that solitary confinement is clinically contraindicated2 7,,iv7 is pregnant or is in the first #h weeks of the postpartum recovery period after giving birth2 or 7,v7 has been determined by a licensed medical processional to be likely to be significantly adversely affected by placement in solitary confinement2 7ii7 the detained noncitizen is lesbian1 gay1 bisexual1 transgender1 intersex1 or gender nonconforming 7as such terms are defined in section #aae4e of title #bh1 ,code of ,federal ,regulations1 or in any successor regulation71 if such placement is based 7in whole or in part7 on such identification or status2 7iii7 the detained noncitizen is ,,hiv positive1 if the placement is based 7in whole or in part7 on such ,,hiv positive status2 7iv7 the placement is based 7in whole or in part7 on the detained noncitizen's race1 religion1 or nationality2 or 7v7 if the noncitizen is not a protection case1 the placement is based 7in whole or in part7 on-- 7,i7 the detained noncitizen's report of an incident of abuse or misconduct2 7,,ii7 the detained noncitizen's decision to engage in a hunger strike2 or 7,,iii7 any other form of retaliation against the detained noncitizen4 7,b7 ,exceptions ,the limitation on solitary confinement described in subparagraph 7,a77i7 shall not apply if-- 7i7 such confinement is a temporary response to the behavior of the detained noncitizen1 which poses a substantial and immediate threat2 7ii7 all other options to de-escalate the situation have been exhausted1 including less restrictive techniques such as-- 7,i7 penalizing the detained noncitizen through loss of privileges2 7,,ii7 speaking with the detained noncitizen in an attempt to de-escalate the situation2 and 7,,iii7 providing an appropriate level of care through a licensed mental health professional2 7iii7 such confinement is limited to-- 7,i7 #c hours after the detained noncitizen is placed in solitary confinement1 if the noncitizen poses a substantial and immediate threat to others2 or 7,,ii7 #cj minutes after the detained noncitizen is placed in solitary confinement1 if the noncitizen poses a substantial and immediate threat only to the noncitizen's self2 and 7iv7 if1 after the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of clause 7iii7 has expired1 the detained noncitizen continues to pose a substantial and immediate threat described in the applicable subclause-- 7,i7 the detained noncitizen is transferred to the least restrictive safer alternative available pursuant to paragraph 7#d77;,b77i77,,ii72 or 7,,ii7 if a qualified mental health professional believes the level of crisis service needed is not currently available1 a staff member of the facility initiates a referral to a location that can meet the needs of the detained noncitizen4 7#f7 ,access to counsel ,noncitizens placed in solitary confinement and longer-term separation shall be-- 7,a7 offered meaningful access to counsel to the same extent that detained noncitizens in the general population are offered access to counsel2 and 7,b7 notified in writing of their right to access to counsel before being placed in solitary confinement or longer-term separation4 7#g7 ,right to review placement in longer-term separation ,the ,secretary shall ensure that each noncitizen placed in longer-term separation-- 7,a7 not later than #d hours after the beginning of such placement1 has access to written and verbal notice1 in a language the noncitizen understands1 that thoroughly details the basis for placement in longer-term separation1 including-- 7i7 thorough documentation explaining why such confinement is permissible and necessary2 and 7ii7 if an exception under paragraph 7#c77;,a77ii71 7#d77;,b71 or 7#e77;,b7 is used to justify placement in longer-term separation1 thorough documentation explaining why such an exception applies2 7,b7 has access to a timely1 thorough1 and continuous review process that-- 7i7 occurs not fewer than #b days after being placed in longer-term separation1 and thereafter not less frequently than weekly1 unless more frequent reviews are otherwise required under this section2 7ii7 includes private1 face-to-face interviews with a multidisciplinary staff committee2 and 7iii7 examines whether-- 7,i7 placement in solitary confinement was and remains necessary2 7,,ii7 the conditions of confinement comply with the requirements under this section2 and 7,,iii7 any exception under paragraph 7#c77;,a77ii71 7#d77;,b71 or 7#e77;,b7 used to justify placement in longer-term separation was and remains warranted2 7,c7 has access to a process to appeal the initial placement or continued placement of the detained noncitizen in longer-term separation2 7,d7 receives prompt and timely written notice of the appeal procedures2 and 7,e7 receives copies of all documents1 files1 and records relating to the detained noncitizen's placement in longer-term separation1 unless such documents contain contraband1 classified information1 or sensitive security-related information4 7b7 ,mental health care for noncitizens in longer-,term separation 7#a7 ,mental health screening ,not later than #f hours after a detained noncitizen is placed in longer-term separation in a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility1 the noncitizen shall receive a comprehensive1 face-to-face mental health evaluation by a licensed mental health professional in a confidential setting4 7#b7 ,mental health treatment program ,a detained noncitizen diagnosed with a serious mental illness after an evaluation described in paragraph 7#a7-- 7,a7 may not be placed in solitary confinement2 and 7,b7 shall receive an appropriate level of care to address the detained noncitizen's mental health needs4 7#c7 ,continuing evaluations ,after each #g-;day period during which a detained noncitizen is held in continuous placement in longer-term separation-- 7,a7 a licensed mental health professional shall conduct a comprehensive1 face-to-face1 out-of-cell mental health evaluation of the noncitizen in a confidential setting2 and 7,b7 the ,secretary shall adjust the placement of the noncitizen in accordance with this subsection4 7c7 ,training for detention center staff 7#a7 ,training ,all employees of a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility and any contracted personnel working at such facility who interact with noncitizens on a regular basis shall be required to complete training in-- 7,a7 recognizing the symptoms of mental illness2 7,b7 the potential risks and side effects of psychiatric medications2 7,c7 the consequences of untreated mental illness2 7,d7 the long- and short-term psychological effects of solitary confinement2 7,e7 the harms faced by vulnerable populations in solitary confinement2 7,f7 the benefits of release from detention for vulnerable populations2 7,g7 de-escalation and communication techniques for safely managing individuals with mental illness2 and 7,h7 de-escalation and communication techniques for diverting detained noncitizens from situations that may lead to the noncitizen being placed in solitary confinement or longer-term separation4 7#b7 ,notification to medical staff ,an employee of a ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility shall immediately notify a member of such facility's medical or mental health staff if such employee-- 7,a7 observes a detained noncitizen with signs of mental illness1 unless such employee has knowledge that the noncitizen's signs of mental illness have previously been reported2 or 7,b7 observes a detained noncitizen with signs of a mental health crisis2 7#c7 ,supplemental training ,not later than #ij days after the date of the enactment of this ,act1 all employees of ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection who regularly interact with detained noncitizens1 supervise detention facility personnel1 or review solitary confinement or longer-term separation placements shall complete supplemental training in the policies governing the use of solitary confinement and longer-term separation required by this ,act4 7d7 ,reporting requirements 7#a7 ,daily tracking of solitary confinement ,each ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facility shall submit a daily report to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 and the ,office of the ,principal ,legal ,advisor of the ,department of ,homeland ,security that identifies1 with respect to the applicable day-- 7,a7 any detained noncitizens who were placed in solitary confinement or longer-term separation1 including-- 7i7 the rationale behind each such placement2 7ii7 whether any exception listed in subsection 7a7 was used to justify placement in solitary confinement or increased restrictive conditions in solitary confinement was applied2 and 7iii7 any steps that were taken by facility personnel to seek alternatives to placing each individual noncitizen in solitary confinement or longer-term separation2 7,b7 the continued detention of any noncitizens in longer-term separation1 including-- 7i7 the number of days such noncitizens have been detained in longer-term separation2 and 7ii7 an explanation of the application of any exception listed in subsection 7a7 that was used to justify an adjustment to the noncitizen's time or conditions in longer-term separation2 and 7,c7 the release of any detained noncitizens from solitary confinement or longer-term separation4 7#b7 ,publication of use of solitary confinement ,the ,secretary1 without revealing personally identifiable information1 shall publish online weekly updates regarding-- 7,a7 the number of unique noncitizens placed or remaining in solitary confinement or longer-term separation at each ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility1 disaggregated by race1 age1 gender identity1 documented mental health status1 documented disability1 pregnancy or postpartum status1 identification as lesbian1 gay1 bisexual1 transgender1 intersex1 or gender nonconforming1 length of time in solitary confinement1 type of housing unit1 and length of time in such housing unit2 and 7,b7 any instances in which facility staff have placed a detained noncitizen-- 7i7 in solitary confinement for more than #h hours2 or 7ii7 in longer-term separation for more than #g days4 7#c7 ,internal review of data 7,a7 ,weekly reviews ,the ,director of the appropriate ,enforcement and ,removal ,operations field office within ,u4,s4 ,immigration and ,custom ,enforcement and the ,director of the appropriate field office within ,u4,s4 ,customs and ,border ,protection shall-- 7i7 on a weekly basis-- 7,i7 review the daily reports from each ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility under the ,director's jurisdiction2 and 7,,ii7 certify1 as appropriate1 that each such facility is in compliance with this ,act2 7ii7 report any instances in which a ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility failed to comply1 or is suspected of failing to comply1 with this ,act to the ,office of ,immigration ,detention ,ombudsman2 and 7iii7 direct any ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility that failed to comply1 or is suspected of failing to comply1 with this ,act to immediately address any such failures to comply1 including by immediately removing a detained noncitizen from solitary confinement or longer-term separation if the noncitizen's placement or continued detention in solitary confinement or longer term separation was not in compliance with this ,act4 7,b7 ,monthly reports ,the ,office of ,immigration ,detention ,oversight shall-- 7i7 promptly review any reports received pursuant to subparagraph 7,a77ii72 7ii7 submit monthly reports to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement and the ,commissioner of ,u4,s4 ,customs and ,border ,protection that identify areas of concern regarding particular cases or facilities that warrant further examination2 and 7iii7 publish such monthly reports on a publicly accessible website4 #d4 ,reassessment of detained noncitizens' mental health ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall-- 7#a7 assemble a team of licensed mental health professionals1 which shall include licensed mental health professionals who are not employed by the ,department of ,homeland ,security1 to conduct a comprehensive mental health reevaluation for each noncitizen held in longer-term separation for more than #g days 7as of the date of enactment of this ,act71 including a confidential1 face-to-face1 out-of-cell interview by a licensed mental health professional2 and 7#b7 adjust the placement of each noncitizen based on the results of such interview1 in accordance with this ,act4 #e4 ,oversight responsibilities 7a7 ,in general ,section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde7 is amended by adding at the end the following3 7c7 ,immigration detention 7#a7 ,defined terms ,in this subsection1 the terms ,u4,s4 ,immigration and ,customs ,enforcement facility and ,u4,s4 ,customs and ,border ,protection facility have the meaning given such terms in section #b of the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd4 7#b7 ,internal reporting ,the ,secretary shall ensure that each ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility provides multiple internal ways for noncitizens and others to promptly report violations of section #c of the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd to the ,office of ,immigration ,detention ,oversight and the ,officer for ,civil ,rights and ,civil ,liberties1 including not less than #b procedures for noncitizens and others to report violations of section #c of such ,act to-- 7,a7 an entity or office that-- 7i7 is not part of the facility2 and 7ii7 is able to receive and immediately forward reports to the ,office of ,immigration ,detention ,oversight and the ,officer for ,civil ,rights and ,civil ,liberties1 allowing the noncitizen to remain anonymous upon request2 and 7,b7 the ,office of ,immigration ,detention ,oversight and the ,officer for ,civil ,rights and ,civil ,liberties in a confidential manner1 allowing the noncitizen to remain anonymous upon request4 7#c7 ,notice to detained individuals ,the ,secretary shall ensure that each ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility provides noncitizens with-- 7,a7 notice of how to report violations of section #d of the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd in accordance with paragraph 7#b71 including-- 7i7 notice prominently posted in the living and common areas of each such facility2 7ii7 individual notice to noncitizens at initial intake into a ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility1 when transferred to a new facility1 and when placed in solitary confinement and longer-term separation2 7iii7 notice to noncitizens with disabilities in accessible formats2 and 7iv7 written or verbal notice in a language the noncitizen understands2 and 7,b7 notice of permissible practices related to solitary confinement in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities1 including the requirements under section #c of such ,act4 7#d7 ,notice to oversight offices ,not later than #bd hours after the placement of a detained individual in solitary confinement or longer-term separation1 the ,secretary shall ensure that each ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facility notifies the ,office of the ,immigration ,detention ,ombudsman and the ,officer for ,civil ,rights and ,civil ,liberties of such placement4 7#e7 ,access ,the ,secretary shall ensure that the ,officer for ,civil ,rights and ,civil ,liberties-- 7,a7 has unrestricted access to ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection facilities2 and 7,b7 is able to review documents1 request and review information1 and speak privately with noncitizens1 contractors1 volunteers1 ,u4,s4 ,immigration and ,customs ,enforcement facility staff1 and ,u4,s4 ,customs and ,border ,protection facility staff4 7#f7 ,assessment of solitary confinement and longer-term separation in immigration detention 7,a7 ,annual assessment ,not later than #ij days after the last day of each fiscal year1 the ,officer for ,civil ,rights and ,civil ,liberties and the ,office of ,immigration ,detention ,ombudsman shall-- 7i7 analyze the use of solitary confinement and longer term separation in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities during such fiscal year2 7ii7 submit a joint assessment containing the results of such analysis to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7iii7 publish such assessment on a publicly accessible website4 7,b7 ,data ,each assessment submitted pursuant to subparagraph 7,a77ii7 shall include aggregated and disaggregated data reported by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities1 to be provided by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection to the ,officer for ,civil ,rights and ,civil ,liberties not later than #cj days after the last day of each fiscal year1 including-- 7i7 the policies and regulations of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection1 including-- 7,i7 any changes in policies and regulations1 for determining which noncitizens are placed in solitary confinement or longer-term separation2 and 7,,ii7 a detailed description of the conditions and restrictions of solitary confinement and longer-term separation2 7ii7 the number of noncitizens in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities who were housed in solitary confinement or longer-term separation for any period2 7iii7 the percentage of all noncitizens who spent any time in solitary confinement or longer-term separation during the reporting period2 7iv7 the demographics of all noncitizens housed in solitary confinement or longer-term separation1 including race1 ethnicity1 religion1 age1 and gender2 7v7 the policies and regulations of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities1 including any updates in policies and regulations1 for subsequent reviews or appeals of the placement of a detained noncitizen into or out of solitary confinement or longer-term separation2 7vi7 the number of reviews of and challenges to the placement of a detained noncitizen in solitary confinement or longer-term separation during the reporting period and the number of such reviews or appeals that directly resulted in a change of placement2 7vii7 a detailed description of the conditions and restrictions for solitary confinement and longer-term separation1 including-- 7,i7 the number of hours spent in isolation2 and 7,,ii7 the percentage of time such conditions involved #b noncitizens who were placed together in solitary confinement2 7viii7 the mean and median length of stay in solitary confinement or longer-term separation1 based on all individuals released from solitary confinement or longer-term separation during the reporting period1 and any maximum length of stay during the reporting period2 7ix7 the cost of each form of solitary confinement and longer-term separation described in subparagraph 7,a7 in use during the reporting period1 including a comparison with the average daily cost of housing a detained noncitizen in the general population2 7x7 the policies for mental health screening1 mental health treatment1 and subsequent mental health reviews for all detained noncitizens1 including-- 7,i7 any update to such policies2 and 7,,ii7 any additional screening1 treatment1 and monitoring for detained noncitizens in solitary confinement or longer-term separation2 7xi7 a statement of the types of mental health staff that conducted mental health assessments for ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities during the reporting period2 7xii7 a description of the different positions in the mental health staff of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities2 7xiii7 the number of part- and full-time psychologists and psychiatrists employed by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities during the reporting period2 7xiv7 data on mental health and medical indicators for all detained noncitizens in solitary confinement or longer-term separation including-- 7,i7 the number of noncitizens requiring medication for mental health conditions2 7,,ii7 the number diagnosed with an intellectual disability2 7,,iii7 the number diagnosed with serious mental illness2 7,,iv7 the number of suicides2 7,v7 the number of deaths2 7,,vi7 the number of attempted suicides by unique noncitizens and the number of unique noncitizens placed on suicide watch2 7,,vii7 the number of instances of self-harm committed by unique noncitizens2 7,,viii7 the number of noncitizens with physical disabilities1 including blind1 deaf1 and mobility-impaired noncitizens2 and 7,,ix7 the number of instances of forced feeding of noncitizens2 7xv7 any instances in which the ,director of an ,enforcement and ,removal ,operations field office reported that a ,u4,s4 ,immigration and ,customs ,enforcement facility in their jurisdiction failed to comply with1 or was suspected of failing to comply with1 any provision of the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd or a ,director of an ,office of ,field ,operations reported that a ,u4,s4 ,customs and ,border ,protection facility in their jurisdiction failed to comply with1 or was suspected of failing to comply with1 the ,restricting ,solitary ,confinement in ,immigration ,detention ,act of #bjbd2 and 7xvi7 any other relevant data4 7,c7 ,content ,each assessment submitted pursuant to subparagraph 7,a77ii7 shall include-- 7i7 an analysis of the data described in subparagraph 7,b72 7ii7 recommendations for reform offered to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 and the ,secretary pursuant to paragraph 7#f72 and 7iii7 the response from ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 and the ,department to such recommendations for reform4 7,d7 ,authority on final report ,each assessment submitted pursuant to subparagraph 7,a77ii7 may be reviewed by ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 and the ,secretary before submission1 but the ,officer for ,civil ,rights and ,civil ,liberties and the ,office of ,immigration ,detention ,ombudsman has final authority with respect to the text and the release of such assessment4 7#g7 ,regular meetings with the ,secretary1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection ,the ,officer for ,civil ,rights and ,civil ,liberties and the ,office of ,immigration ,detention ,ombudsman shall meet regularly with the ,secretary and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement and the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7,a7 to identify problems with the solitary confinement and longer-term separation policies and practices in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities1 including the overuse of solitary confinement and longer-term separation2 and 7,b7 to present recommendations for such administrative action as may be appropriate to resolve problems relating to solitary confinement and longer-term separation policies and practices in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities4 4 7b7 ,annual report ,not later than ,december #ca of each year1 the ,inspector ,general of the ,department of ,homeland ,security shall post a report on a publicly accessible website that analyzes-- 7#a7 the use of solitary confinement and longer-term separation in ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection facilities2 and 7#b7 the ,department's compliance with this ,act and the amendments made by this ,act4 #f4 ,private cause of action 7a7 ,civil action for injury ,any person who is injured by a violation of section #c may bring a civil action in the appropriate ,united ,states district court against any person1 entity1 or other relevant party who violated such section for-- 7#a7 declaratory and injunctive relief1 including directing the closure of the facility1 building1 or unit where the violation took place if such facility1 building1 or unit is in repeated and systemic noncompliance with such section2 and 7#b7 such money damages as the court determines appropriate1 including damages for emotional pain and suffering4 7b7 ,additional awards ,in a civil action brought pursuant to subsection 7a71 the court1 in addition to any other relief awarded under such subsection1 may award reasonable attorney's fees and costs of the action to the prevailing plaintiff4 7c7 ,civil action for constitutional violation 7#a7 ,in general ,any person who is injured by any action by a ,federal official or a person contracting with a ,federal agency in a ,federal facility1 in violation of the ,constitution of the ,united ,states1 may bring a civil action in the appropriate ,united ,states district court against such official1 person1 or agency for-- 7,a7 declaratory and injunctive relief1 including directing the closure of the facility1 building1 or unit where the violation took place2 and 7,b7 such money damages as the court determines appropriate1 including damages for emotional pain and suffering4 7#b7 ,additional awards ,in an action filed pursuant to paragraph 7#a71 the court1 in addition to any other relief awarded under such paragraph1 may award reasonable attorney's fees and costs of the action to the prevailing plaintiff4 #g4 ,rulemaking ,the ,secretary1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall prescribe rules1 in accordance with section #eec of title #e1 ,united ,states ,code1 to carry out this ,act and the amendments made by this ,act4 #h4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out this ,act and the amendments made by this ,act4 #i4 ,effective date ,except as otherwise provided1 this ,act and the amendments made by this ,act shall take effect on the date that is #ah months after the date of the enactment of this ,act4