,,ii #aahth ,,congress #b;d ,session ,s4 #daba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ae1 #bjbd,mr4 ,durbin 7for himself1 ,mr4 ,coons1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform the use of solitary confinement and other forms of restrictive housing in the ,bureau of ,prisons and the ,united ,states ,marshals ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,solitary ,confinement ,reform ,act4 #b4 ,solitary confinement reforms 7a7 ,amendment ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djeb4 ,solitary confinement 7a7 ,definitions ,in this section3 7#a7 ,administrative maximum facility ,the term administrative maximum facility means a maximum-security facility1 including the ,united ,states ,penitentiary ,administrative ,maximum facility in ,florence1 ,colorado1 designed to house inmates who present an ongoing significant and serious threat to other inmates1 staff1 and the public4 7#b7 ,administrative segregation ,the term administrative segregation means a nonpunitive form of separation of an inmate from the general population of a correctional facility for-- 7,a7 investigative1 protective1 or preventative reasons resulting from a substantial and immediate threat2 or 7,b7 transitional reasons1 including a pending transfer1 pending classification1 or other temporary administrative matter4 7#c7 ,appropriate level of care ,the term appropriate level of care means the appropriate treatment setting for mental health care that an inmate 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#d7 ,covered facility ,the term covered facility means-- 7,a7 with respect to the ,bureau of ,prisons1 a facility under the administration of the ,bureau of ,prisons1 or a facility under contract with the ,bureau of ,prisons to provide housing for inmates in ,federal custody2 or 7,b7 a facility under contract with the ,united ,states ,marshals ,service to provide housing for inmates in ,federal custody4 7#e7 ,disciplinary hearing officer ,the term disciplinary hearing officer means an individual who-- 7,a7 in the case of-- 7i7 the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 is an employee who is a supervisory or administrative officer who is employed in the office of the regional director1 central office1 or district office2 or 7ii7 a facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 is the designee of the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service2 and 7,b7 is responsible for conducting disciplinary hearings for which solitary confinement may be a sanction1 as described in section #eda4h of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#f7 ,disciplinary segregation ,the term disciplinary segregation means a form of separation from the general population of a facility imposed only by a disciplinary hearing officer as a response to an inmate committing a significant and serious disciplinary infraction4 7#g7 ,intellectual disability ,the term intellectual disability means a mental impairment characterized by significant limitations in both intellectual functioning and adaptive behavior4 7#h7 ,mental illness ,the term mental illness means a diagnosable mental1 behavioral1 or emotional disorder that-- 7,a7 is of sufficient duration to meet diagnostic criteria within the most recent edition of the ,diagnostic and ,statistical ,manual of ,mental ,disorders published by the ,american ,psychiatric ,association2 and 7,b7 has resulted in functional impairment that substantially interferes with or limits #a or more major life activities4 7#i7 ,multidisciplinary staff committee ,the term multidisciplinary staff committee means a committee-- 7,a7 comprised of staff at the facility where an inmate resides who are responsible for reviewing the initial placement of the inmate in solitary confinement and any extensions of time in solitary confinement2 and 7,b7 which shall include-- 7i7 not less than #a licensed mental health professional2 7ii7 not less than #a medical professional2 and 7iii7 not less than #a member of the leadership of the facility4 7#aj7 ,ombudsman ,the term ,ombudsman means the ,ombudsman for the ,civil ,rights of ,incarcerated ,people established in subsection 7e74 7#aa7 ,ongoing significant and serious threat ,the term ongoing significant and serious threat means an ongoing set of circumstances that requires the highest level of security and staff supervision for an inmate who-- 7,a7 has engaged in assaultive1 predacious1 or riotous behavior1 or seriously attempted escape2 and 7,b7 poses a specific risk of physical injury to other inmates1 staff1 or the public4 7#ab7 ,protection case ,the term protection case means an inmate who1 by the request of the inmate or through a staff determination1 requires protection1 as described by section #eda4bc7;c77#c7 of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#ac7 ,serious mental illness ,the term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment1 behavior1 capacity to recognize reality1 or ability to cope with the ordinary demands of life4 7#ad7 ,significant and serious disciplinary infraction ,the term significant and serious disciplinary infraction means-- 7,a7 an act of violence that either-- 7i7 resulted in or was likely to result in serious injury or death to another2 or 7ii7 occurred in connection with any act of nonconsensual sex2 7,b7 an escape1 attempted escape1 or conspiracy to escape from within a security perimeter or custody1 or both2 7,c7 possession of weapons2 or 7,d7 possession of illegal narcotics with intent to distribute4 7#ae7 ,solitary confinement ,the term solitary confinement means confinement characterized by substantial isolation in a cell1 alone or with other inmates1 including administrative segregation1 disciplinary segregation1 and confinement in any facility designated by the ,bureau of ,prisons or the ,united ,states ,marshals ,service as a special housing unit1 a special management unit1 an administrative maximum facility1 or any other housing area that is separate from or in any way more restrictive than the general population of the facility in terms of hours out of cell1 programming1 services1 congregate engagement with other people1 visits1 communications1 items1 or any other aspect of daily living4 7#af7 ,special administrative measures ,the term special administrative measures means measures used to-- 7,a7 prevent disclosure of classified information upon written certification to the ,attorney ,general by the head of an element of the intelligence community 7as defined under section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 that the unauthorized disclosure of such information would pose a threat to national security and that there is a danger that the inmate will disclose such information1 as described by section #eja4b of title #bh1 ,code of ,federal ,regulations1 or any successor thereto2 or 7,b7 protect persons against the risk of death or serious bodily injury1 upon written notification to the ,director of the ,bureau of ,prisons by the ,attorney ,general or1 at the ,attorney ,general's direction1 by the head of a ,federal law enforcement agency1 or the head of an element of the intelligence community 7as defined under section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc771 that there is a substantial risk that the communications of an inmate or contacts by the inmate with other persons could result in death or serious bodily injury to persons1 or substantial damage to property that would entail the risk of death or serious bodily injury to persons1 as described by section #eja4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#ag7 ,special housing unit ,the term special housing unit means a housing unit in a covered facility1 in which inmates are securely separated from the general inmate population for disciplinary or administrative reasons1 as described in section #eda4ba of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#ah7 ,special management unit ,the term special management unit means a nonpunitive housing program with multiple1 step-down phases for inmates whose history1 behavior1 or situation requires enhanced management approaches in order to ensure the safety of other inmates1 the staff1 and the public4 7#ai7 ,substantial and immediate threat ,the term substantial and immediate threat means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the physical safety of an inmate1 other inmates1 staff1 or the public4 7b7 ,use of solitary confinement 7#a7 ,in general ,the placement of a ,federal inmate in solitary confinement within a covered facility shall be limited to situations in which such confinement-- 7,a7 is limited to the briefest term and the least restrictive conditions practicable1 including not less than #d hours of out-of-cell time every day1 which may include work assignments1 staff-led programs1 peer-led programs1 volunteer programs1 time in a day room or recreation area with at least several other people1 meals1 or other similar congregate activities with at least several other people in a group setting conducive to meaningful human interaction1 unless the inmate poses a substantial and immediate threat2 7,b7 is consistent with the rationale for placement and with the progress achieved by the inmate2 7,c7 allows the inmate to participate in meaningful work assignments and programming opportunities and privileges as consistent with those available in the general population as practicable1 either individually or in a congregate setting2 7,d7 allows the inmate to have as much meaningful interaction with others1 such as other inmates1 visitors1 clergy1 licensed mental and physical health professionals1 or through social and legal telephone calls1 as practicable2 7,e7 allows the inmate access to all routine and emergency medical services2 and 7,f7 complies with the provisions of this section4 7#b7 ,transitional process for inmates in solitary confinement 7,a7 ,inmates with upcoming release dates ,the ,director of the ,bureau of ,prisons shall establish-- 7i7 policies to ensure that an inmate with an anticipated release date of #ahj days or less is not housed in solitary confinement1 unless-- 7,i7 such confinement is limited to not more than #e days of administrative segregation relating to the upcoming release of the inmate2 or 7,,ii7 the inmate poses a substantial and immediate threat2 and 7ii7 a transitional process for each inmate with an anticipated release date of #ahj days or less who is held in solitary confinement under clause 7i77,,ii71 which shall include-- 7,i7 substantial re-socialization programming in a group setting2 7,,ii7 regular mental health counseling to assist with the transition2 and 7,,iii7 re-entry planning services offered to inmates in a general population setting4 7,b7 ,inmates in long-term solitary confinement ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall each establish a transitional process for each inmate who has been held in solitary confinement for more than #cj days and who will transition into a general population unit1 which shall include-- 7i7 substantial re-socialization programming in a group setting2 and 7ii7 regular mental health counseling to assist with the transition4 7#c7 ,protective custody units ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service-- 7,a7 shall establish within the ,federal prison system additional general population protective custody units that provide sheltered general population housing to protect inmates from harm that they may otherwise be exposed to in a typical general population housing unit2 7,b7 shall establish policies to ensure that an inmate who is considered a protection case shall1 upon request of the inmate1 be placed in a general population protective custody unit2 7,c7 shall create an adequate number of general population protective custody units to-- 7i7 accommodate the requests of inmates who are considered to be protection cases2 and 7ii7 ensure that inmates who are considered to be protection cases are placed in facilities as close to their homes as practicable2 7,d7 may not place an inmate who is considered to be a protection case in solitary confinement due to the status of the inmate as a protection case unless-- 7i7 the inmate requests to be placed in solitary confinement1 in which case1 at the request of the inmate1 the inmate shall be transferred to a general population protective custody unit or1 if appropriate1 a different general population unit2 or 7ii7 such confinement is limited to-- 7,i7 not more than #e days of administrative segregation2 and 7,,ii7 is necessary to protect the inmate during preparation for transfer to a general population protective custody unit or a different general population unit2 and 7,e7 shall provide any inmate in protective custody access to all of the equivalent programs1 services1 amenities1 including access to communication1 and conditions as people in the general population of the facility4 7#d7 ,vulnerable populations ,a covered facility may not place an inmate in solitary confinement if-- 7,a7 the inmate is #ba years of age or younger1 is #fj years of age or older1 has a serious mental illness or disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 has been determined by a licensed mental health professional to likely be significantly adversely affected by placement in solitary confinement1 is pregnant or in the first #h weeks of the postpartum recovery period after giving birth1 or is caring for a child in a facility program1 unless-- 7i7 the inmate 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 inmate through loss of privileges2 7,,ii7 speaking with the inmate in an attempt to de-escalate the situation2 and 7,,iii7 a licensed mental health professional providing an appropriate level of care2 7iii7 such confinement is limited to the briefest term and the least restrictive conditions practicable1 including access to medical and mental health treatment2 7iv7 such confinement is reviewed by a multidisciplinary staff committee for appropriateness every #bd hours2 and 7v7 as soon as practicable1 but not later than #e days after such confinement begins1 the inmate is diverted1 upon release from solitary confinement1 to-- 7,i7 a general population unit2 7,,ii7 a protective custody unit described in paragraph 7#c72 or 7,,iii7 a mental health treatment program as described in subsection 7c77#b72 7,b7 the inmate is lesbian1 gay1 bisexual1 transgender 7as defined in section #aae4e of title #bh1 ,code of ,federal ,regulations1 or any successor thereto71 intersex 7as defined in section #aae4e of title #bh1 ,code of ,federal ,regulations1 or any successor thereto71 or gender nonconforming 7as defined in section #aae4e of title #bh1 ,code of ,federal ,regulations1 or any successor thereto71 if the placement is solely on the basis of such identification or status2 or 7,c7 the inmate is ,,hiv positive1 if the placement is solely on the basis of the ,,hiv positive status of the inmate4 7#e7 ,limitations on the use of restraints and other requirements ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service1 or any facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 shall ensure that-- 7,a7 no inmate1 including individuals in solitary confinement1 shall be placed in restraints during out-of-cell time1 unless-- 7i7 determined to be necessary for safety1 security1 or mitigation of flight risk during the transportation of an inmate2 7ii7 an individualized determination is made at the time that restraints are necessary to prevent a specific1 significant1 and unreasonable risk of imminent serious physical injury to other inmates or staff based on concrete and reasonable evidence of such risk2 and 7iii7 the least restrictive form of restraints shall be used for no longer than necessary to abate such imminent harm1 provided that-- 7,i7 restraints may not be used for more than #b hours unless a determination is made that there is an ongoing significant and serious threat of imminent serious physical injury to other inmates or staff1 at which time the regional director shall be notified about the continued use of restraints2 7,,ii7 any continued use of restraints shall be meaningfully reviewed at least every #ab hours and discontinued once restraints are no longer necessary to prevent an ongoing significant and serious threat of imminent serious physical injury to other inmates or staff and at each #ab-;hour interval1 the regional director shall be notified about the continued use of restraints2 and 7,,iii7 restraints shall not be used for more than #c days1 unless the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service1 as applicable1 or a designee-- 7aa7 provides prior approval for the use of restraints for more than #c days2 7bb7 makes a written finding that the continued use of restraints is necessary to prevent an ongoing significant and serious risk of imminent serious physical injury to other inmates or staff2 and 7cc7 if restraints continue to be used for more than #e days1 at least every #c days1 reviews and approves the continued use of restraints2 and 7,b7 no limitation on access to services1 treatment1 visiting1 or basic needs1 such as provision of clothing1 food1 and bedding1 shall be imposed as a form of punishment or for any other reason except where there is an ongoing significant and serious threat to the physical safety of the inmate1 other inmates1 or staff2 7,c7 no restricted diet or any other change in diet shall be imposed as a form of punishment2 and 7,d7 an inmate shall-- 7i7 always have access to any authorized personal property belonging to the inmate2 and 7ii7 regardless of the unit the inmate is housed in or the status the inmate has been assigned1 always have access to the commissary and to contact visitation with visitors1 except where there is a specific significant risk to the physical safety of the inmate1 other inmates1 staff1 or the public4 7#f7 ,special housing units ,the ,director of the ,bureau of ,prisons1 the ,director of the ,united ,states ,marshals ,service1 and any facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service shall-- 7,a7 limit administrative segregation-- 7i7 to situations in which such segregation is necessary to-- 7,i7 control a substantial and immediate threat that cannot be addressed through alternative housing2 or 7,,ii7 temporarily house an inmate pending transfer1 pending classification1 or pending resolution of another temporary administrative matter2 and 7ii7 to a duration of not more than #ae consecutive days1 and not more than #bj days in a #fj-;day period1 unless-- 7,i7 the inmate requests to remain in administrative segregation under paragraph 7#c77;,d77i72 or 7,,ii7 in order to address the continued existence of a substantial and immediate threat1 a multidisciplinary staff committee approves a temporary extension1 which-- 7aa7 may not be longer than #ae days2 and 7bb7 shall be reviewed by the multidisciplinary staff committee every #c days during the period of the extension1 in order to confirm the continued existence of the substantial and immediate threat2 7,b7 limit disciplinary segregation-- 7i7 to situations in which such segregation is necessary to address an inmate who has been found to have committed a significant and serious disciplinary infraction by a disciplinary hearing officer and poses an ongoing significant and serious threat1 and alternative sanctions would not adequately regulate the behavior of the inmate2 7ii7 in the case of a prohibited act categorized as a #djj-level prohibited act under section #eda4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto1 by prohibiting the use of disciplinary segregation2 7iii7 in the case of a prohibited act categorized as a #cjj-level prohibited act under section #eda4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto1 by-- 7,i7 prohibiting the use of disciplinary segregation for the first such prohibited act2 and 7,,ii7 limiting disciplinary segregation to a duration of not more than #ae days1 for a second or subsequent such prohibited act2 7iv7 in the case of a prohibited act categorized as a #bjj-level prohibited act under section #eda4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto1 by-- 7,i7 limiting disciplinary segregation to a duration of not more than #cj days1 for the first such prohibited act2 and 7,,ii7 limiting disciplinary segregation to a duration of not more than #fj days1 for a second or subsequent such prohibited act2 7v7 in the case of a prohibited act categorized as a #ajj-level prohibited act under section #eda4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto1 by-- 7,i7 limiting disciplinary segregation to a duration of not more than #fj days1 for the first such prohibited act2 and 7,,ii7 limiting disciplinary segregation to a duration of not more than #ij days1 for a second or subsequent such prohibited act2 and 7vi7 in addition to any other limitation under this subparagraph1 limiting disciplinary segregation to a duration of not more than #cj consecutive days1 and not more than #dj days in any #fj-;day period1 unless a multidisciplinary staff committee1 in consultation with the disciplinary hearing officer who presided over the disciplinary hearing for the inmate1 determines that the significant and serious disciplinary infraction which the inmate was found to have committed is of such an egregious and violent nature that a longer sanction is appropriate and approves a longer sanction2 7,c7 ensure that any time spent in administrative segregation during an investigation into an alleged offense is for as short a duration as possible1 is not longer than #ae consecutive days1 and is credited as time served for a disciplinary segregation sentence2 7,d7 ensure that concurrent sentences are imposed for disciplinary violations arising from the same episode2 and 7,e7 ensure that an inmate may be released from disciplinary segregation for good behavior before completing the term of the inmate1 unless the inmate poses a substantial and immediate threat to the safety of other inmates1 staff1 or the public4 7#g7 ,special management units ,the ,director of the ,bureau of ,prisons shall eliminate the use of special management units4 7#h7 ,administrative maximum facilities ,the ,director of the ,bureau of ,prisons shall-- 7,a7 limit segregation in an administrative maximum facility to situations in which such segregation is necessary to-- 7i7 implement special administrative measures1 as directed by the ,attorney ,general2 or 7ii7 house an inmate who has been found to have committed a significant and serious disciplinary infraction by a disciplinary hearing officer and who poses an ongoing significant and serious threat to the safety of other inmates1 staff1 or the public that cannot be addressed through alternative housing2 and 7,b7 issue final approval of referral of any inmate who poses an ongoing significant and serious threat for placement in an administrative maximum facility4 7#i7 ,right to review placement in solitary confinement ,the ,director of the ,bureau of ,prisons1 the ,director of the ,united ,states ,marshals ,service1 or any facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 shall ensure that no inmate shall be placed in solitary confinement without-- 7,a7 written notice provided to the inmate thoroughly detailing the basis for placement or continued placement in solitary confinement not later than #f hours after the beginning of such placement1 including-- 7i7 thorough documentation explaining why such confinement is permissible and necessary2 7ii7 thorough documentation explaining the reason an exception applied if-- 7,i7 an exception under paragraph 7#b77;,a71 7#c77;,d71 7#d77;,a71 7#f77;,a71 or 7#f77;,b7 is used to justify placement or continued placement in solitary confinement2 or 7,,ii7 an exception under paragraph 7#a7 is used to justify increased restrictive conditions in solitary confinement2 and 7iii7 thorough documentation explaining a clear plan for returning the individual to less restrictive conditions as promptly as possible2 7,b7 a timely1 thorough1 and continuous review process that-- 7i7 occurs not less than #g days after placement in solitary confinement1 and thereafter at least-- 7,i7 on a weekly basis for an inmate in a special housing unit2 and 7,,ii7 on a monthly basis for an inmate at an administrative maximum facility2 7ii7 includes private1 face-to-face interviews with a multidisciplinary staff committee2 7iii7 examines whether-- 7,i7 placement in solitary confinement was and remains necessary2 7,,ii7 the conditions of confinement comply with this section2 and 7,,iii7 whether any exception under paragraph 7#b77;,a71 7#c77;,d71 7#d77;,a71 7#f77;,a71 or 7#f77;,b7 used to justify placement or continued placement in solitary confinement or any exception under paragraph 7#a7 used to justify increased restrictive conditions in solitary confinement was and remains warranted2 and 7iv7 includes written findings on the decision for placement in solitary confinement or continued placement in solitary confinement1 consistent with paragraph 7#i77;,a71 that are electronically retained in the personnel file of the inmate for not less than #c years from the date of placement2 7,c7 a process to appeal the initial placement or continued placement of the inmate in solitary confinement2 7,d7 prompt and timely written notice of the appeal procedures2 and 7,e7 copies of all documents1 files1 and records relating to the placement of the inmate in solitary confinement1 unless such documents contain contraband1 classified information1 or sensitive security-related information1 maintained in a central electronic database for not less than #c years4 7c7 ,mental health care for inmates in solitary confinement 7#a7 ,mental health screening ,not later than #f hours after an inmate in the custody of a covered facility is placed in solitary confinement1 the inmate 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 ,an inmate diagnosed with a serious mental illness after an evaluation required under paragraph 7#a7-- 7,a7 shall not be placed in solitary confinement except as provided in subsection 7b77#d72 and 7,b7 shall be diverted to a mental health treatment program within the covered facility that provides an appropriate level of care to address the mental health needs of the inmate4 7#c7 ,continuing evaluations ,after each #aj-;calendar-day period an inmate is held in continuous placement in solitary confinement-- 7,a7 a licensed mental health professional shall conduct a comprehensive1 face-to-face1 out-of-cell mental health evaluation of the inmate in a confidential setting2 and 7,b7 the ,director of the ,bureau of ,prisons1 the ,director of the ,united ,states ,marshals ,service1 or any facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 as applicable1 shall adjust the placement of the inmate in accordance with this subsection4 7#d7 ,requirement ,the ,director of the ,bureau of ,prisons1 the ,director of the ,united ,states ,marshals ,service1 and any facility that contracts with the ,bureau of ,prisons or the ,united ,states ,marshals ,service shall operate mental health treatment programs in order to ensure that inmates of all security levels with serious mental illness have access to an appropriate level of care4 7d7 ,training for covered facility staff 7#a7 ,training ,all employees of a covered facility who interact with inmates on a regular basis shall be required to complete training in-- 7,a7 the recognition of symptoms of mental illness2 7,b7 the potential risks and side effects of psychiatric medications2 7,c7 de-escalation techniques for safely managing individuals with mental illness2 7,d7 consequences of untreated mental illness2 7,e7 the long- and short-term psychological effects of solitary confinement2 and 7,f7 de-escalation and communication techniques to divert inmates from situations that may lead to the inmate being placed in solitary confinement4 7#b7 ,notification to medical staff ,an employee of a covered facility shall immediately notify a member of the medical or mental health staff if the employee-- 7,a7 observes an inmate with signs of mental illness1 unless such employee has knowledge that the inmate's signs of mental illness have previously been reported2 or 7,b7 observes an inmate with signs of a mental health crisis4 7e7 ,ombudsman for the ,civil ,rights of ,incarcerated ,people 7#a7 ,in general ,within the ,department of ,justice1 there shall be a position of the ,ombudsman for the ,civil ,rights of ,incarcerated ,people and an ,office of the ,ombudsman for the ,civil ,rights of ,incarcerated ,people4 7#b7 ,appointment 7,a7 ,in general ,the ,ombudsman shall be appointed by the ,attorney ,general and shall report directly to the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service4 7,b7 ,qualifications ,the ,ombudsman shall have a background in corrections and civil rights and shall have expertise on the effects of prolonged solitary confinement and restrictive housing4 7#c7 ,reporting ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall ensure that each covered facility provides multiple internal ways for inmates and others to promptly report civil rights violations and violations of this section to the ,ombudsman1 including-- 7,a7 not less than #d procedures1 including written mail correspondence1 email correspondence1 telephone calls1 and in-person interviews1 for inmates and others to report civil rights violations and violations of this section to an entity or office that is not part of the facility1 and that is able to receive and immediately forward inmate reports to the ,ombudsman1 allowing the inmate to communicate confidentially and to remain anonymous upon request2 and 7,b7 not less than #d procedures1 including written mail correspondence1 email correspondence1 telephone calls1 and in-person interviews1 for inmates and others to report civil rights abuses and violations of this section to the ,ombudsman in a confidential manner1 allowing the inmate to remain anonymous upon request4 7#d7 ,notice 7,a7 ,bureau of ,prisons ,the ,director of the ,bureau of ,prisons shall ensure that each ,bureau of ,prisons facility and any facility that contracts with the ,bureau of ,prisons provides inmates with the notice described in subparagraph 7,c74 7,b7 ,marshals ,service ,the ,director of the ,united ,states ,marshals ,service shall ensure that each facility that contracts with the ,united ,states ,marshals ,service provides inmates with the notice described in subparagraph 7,c74 7,c7 ,contents ,a notice described in this subparagraph shall provide inmates with-- 7i7 notice of how to report civil rights violations and violations of this section in accordance with paragraph 7#c71 including-- 7,i7 notice prominently posted in the living and common areas of each such facility2 7,,ii7 individual notice to inmates at initial intake into the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 when transferred to a new facility1 and when placed in solitary confinement2 7,,iii7 notice to inmates with disabilities in accessible formats2 and 7,,iv7 written or verbal notice in a language the inmate understands2 and 7ii7 notice of permissible practices related to solitary confinement in the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 including the requirements of this section4 7#e7 ,functions ,the ,ombudsman shall-- 7,a7 review all complaints the ,ombudsman receives2 7,b7 investigate all complaints that allege a civil rights violation or violation of this section2 7,c7 refer all possible violations of law to the ,criminal ,division or the ,inspector ,general of the ,department of ,justice2 7,d7 refer to the ,director of the ,bureau of ,prisons or the ,united ,states ,marshals ,service allegations of misconduct involving staff of the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 respectively2 7,e7 identify areas in which the ,bureau of ,prisons or the ,united ,states ,marshals ,service can improve the policies and practices of the ,bureau to ensure that the civil rights of inmates are protected2 7,f7 identify areas in which the ,bureau of ,prisons or the ,united ,states ,marshals ,service can improve solitary confinement policies and practices and reduce the use of solitary confinement2 and 7,g7 propose changes to the policies and practices of the ,bureau of ,prisons and the ,united ,states ,marshals ,service to mitigate problems and address issues the ,ombudsman identifies4 7#f7 ,access ,the ,ombudsman-- 7,a7 shall have unrestricted access to every area of any covered facility2 7,b7 shall be able to speak privately and confidentially with inmates and staff2 and 7,c7 may make unannounced visits to any covered facility4 7#g7 ,annual reports 7,a7 ,in general ,not later than ,december #ca of each year1 the ,ombudsman shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the activities of the ,office of the ,ombudsman for the fiscal year ending in such calendar year and make the report publicly available on a website4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall-- 7i7 contain full and substantive analysis1 in addition to statistical information2 7ii7 identify the recommendations the ,office of the ,ombudsman has made on addressing reported civil rights violations and violations of this section and reducing the use and improving the practices of solitary confinement in covered facilities2 7iii7 contain a summary of problems relating to reported civil rights violations and violations of this section1 including a detailed description of the nature of such problems and a breakdown of where the problems occur among covered facilities2 7iv7 contain an inventory of the items described in clauses 7ii7 and 7iii7 for which action has been taken and the result of such action2 7v7 contain an inventory of the items described in clauses 7ii7 and 7iii7 for which action remains to be completed and the period during which each item has remained on such inventory2 7vi7 contain an inventory of the items described in clauses 7ii7 and 7iii7 for which no action has been taken1 the period during which each item has remained on such inventory1 the reasons for the inaction1 and shall identify any official of the ,bureau of ,prisons or the ,united ,states ,marshals ,service who is responsible for such inaction2 7vii7 contain recommendations for such legislative or administrative action as may be appropriate to resolve problems identified in clause 7iii72 and 7viii7 include such other information as the ,ombudsman determines necessary4 7,c7 ,submission of reports ,each report required under this paragraph shall be provided directly to the ,committees described in subparagraph 7,a7 without any prior review1 comment1 or amendment from the ,director of the ,bureau of ,prisons1 the ,director of the ,united ,states ,marshals ,service1 or any other officer or employee of the ,department of ,justice1 the ,bureau of ,prisons1 or the ,united ,states ,marshals ,service4 7#h7 ,regular meetings with the director ,the ,ombudsman shall meet regularly with the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service to identify problems with reported civil rights violations and the solitary confinement policies and practices of the ,bureau of ,prisons and the ,united ,states ,marshals ,service1 including overuse of solitary confinement1 and to present recommendations for such administrative action as may be appropriate to resolve problems relating to reported civil rights violations and the solitary confinement policies and practices of the ,bureau of ,prisons and the ,united ,states ,marshals ,service4 7#i7 ,responsibilities of the bureau of prisons and ,united ,states ,marshals ,service ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall establish procedures requiring that1 not later than #ij days after the date on which a recommendation is submitted to the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service by the ,ombudsman1 the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service1 as applicable1 or another appropriate employee of the agency1 issue a formal response to the recommendation and take remedial action to comply with the recommendation4 7#aj7 ,non-application of the prison litigation reform act ,inmate reports sent to the ,ombudsman may not be considered an administrative remedy under section #g7;a7 of the ,civil ,rights of ,institutionalized ,persons ,act 7#db ,u4,s4,c4 #aiig;e7a774 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #djea the following3 #djeb4 ,solitary confinement4 4 #c4 ,reassessment of inmate mental health ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall-- 7#a7 assemble a team of licensed mental health professionals1 which may include licensed mental health professionals who are not employed by the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 to conduct a comprehensive mental health reevaluation for each inmate held in solitary confinement at a covered facility for more than #cj days as of the date of enactment of this ,act1 including a confidential1 face-to-face1 out-of-cell interview by a licensed mental health professional2 and 7#b7 adjust the placement of each inmate in accordance with section #djeb7;c7 of title #ah1 ,united ,states ,code1 as added by section #b4 #d4 ,director of the ,bureau of ,prisons ,section #djda of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before the ,the ,bureau of ,prisons shall be2 and 7#b7 by adding at the end the following3 7b7 ,ombudsman ,the ,director of the ,bureau of ,prisons shall-- 7#a7 meet regularly with the ,ombudsman for the ,civil ,rights of ,incarcerated ,people appointed under section #djeb7;e7 to identify how the ,bureau of ,prisons can address reported civil rights violations and reduce the use of solitary confinement and correct problems in the solitary confinement policies and practices of the ,bureau2 7#b7 conduct a prompt and thorough investigation of each referral from the ,ombudsman1 through the designees of the ,ombudsman1 under section #djeb7;e77#e77;,d71 and after each such investigation take appropriate disciplinary action against any ,bureau of ,prisons employee who is found to have engaged in misconduct or to have violated ,bureau of ,prisons policy1 and notify the ,ombudsman of the outcome of each such investigation2 and 7#c7 establish procedures requiring a formal response by the ,bureau of ,prisons to any recommendation of the ,ombudsman in the annual report submitted under section #djeb7;e77#g7 not later than #ij days after the date on which the report is submitted to ,congress4 4 #e4 ,director of the ,united ,states ,marshals ,service ,section #efa of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,ombudsman ,the ,director of the ,united ,states ,marshals ,service shall-- 7#a7 meet regularly with the ,ombudsman for the ,civil ,rights of ,incarcerated ,people appointed under section #djeb7;e7 to identify how the ,united ,states ,marshals ,service can address reported civil rights violations and reduce the use of solitary confinement and correct problems in the solitary confinement policies and practices of the ,united ,states ,marshals ,service2 7#b7 conduct a prompt and thorough investigation of each referral from the ,ombudsman1 through the designees of the ,ombudsman1 under section #djeb7;e77#e77;,d71 and after each such investigation take appropriate disciplinary action against any ,united ,states ,marshals ,service employee who is found to have engaged in misconduct or to have violated ,united ,states ,marshals ,service policy1 and notify the ,ombudsman of the outcome of each such investigation2 and 7#c7 establish procedures requiring a formal response by the ,united ,states ,marshals ,service to any recommendation of the ,ombudsman in the annual report submitted under section #djeb7;e77#g7 not later than #ij days after the date on which the report is submitted to ,congress4 4 #f4 ,data tracking of use of solitary confinement ,section #djdg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,prison solitary confinement assessments 7#a7 ,in general ,not later than ,march #ca and ,september #cj of each year1 the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall each prepare and transmit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a semi-annual assessment of the use of solitary confinement 7as defined in section #djeb7;a77 in covered facilities and shall make the respective assessment publicly available on the website of the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 as applicable4 7#b7 ,contents ,each assessment submitted under paragraph 7#a7 shall include-- 7,a7 the policies and regulations of the ,bureau of ,prisons1 including any changes in policies and regulations1 and the ,united ,states ,marshals ,service for determining which inmates are placed in each form of solitary confinement1 or housing in which an inmate is separated from the general population during the reporting period1 and a detailed description of each form of solitary confinement in use1 including all maximum and high security facilities1 all special housing units1 all special management units1 all administrative maximum facilities 7as defined in section #djeb7;a771 and all communication management units2 7,b7 the total number of inmates and percentage of individuals in the custody of the ,bureau of ,prisons and the ,united ,states ,marshals ,service1 listed separately1 who are housed in each type of solitary confinement described in subparagraph 7,a7 at the time of the report1 and the total number and the percentage of all inmates who have spent at least some time in each form of solitary confinement during the reporting period2 7,c7 the reason for placement1 including disciplinary segregation1 protective custody1 administrative segregation1 or other segregation and the length of time in restrictive housing2 7,d7 the demographics of all inmates housed in each type of solitary confinement described in subparagraph 7,a71 including race1 ethnicity1 religion1 age1 gender identity1 mental health care level1 pregnancy or post-partum status1 or identification as lesbian1 gay1 bisexual1 transgender1 intersex1 or gender non-conforming2 7,e7 the policies and regulations of the ,bureau of ,prisons and the ,united ,states ,marshals ,service1 including any updates in policies and regulations1 for subsequent reviews or appeals of the placement of an inmate into or out of solitary confinement2 7,f7 the number of reviews of and appeals for each type of solitary confinement placement described in subparagraph 7,a7 that occurred during the reporting period and the number of reviews or appeals that directly resulted in a change of placement2 7,g7 a description of the general conditions and restrictions for each type of solitary confinement described in subparagraph 7,a71 including the number of hours spent in confinement in a cell separated from the general population or in restraints1 and the percentage of time these conditions involve housing a single inmate in a cell2 7,h7 the mean and median length of stay in each form of solitary confinement described in subparagraph 7,a71 based on all individuals released from solitary confinement during the reporting period1 including maximum and high security facilities1 special housing units1 special management units1 administrative maximum facilities1 communication management units1 and any maximum length of stay during the reporting period2 7,i7 the number of inmates who1 after a stay of #e or more days in solitary confinement1 were released directly from solitary confinement to the public during the reporting period2 7,j7 the individual daily fixed cost for each form of solitary confinement described in subparagraph 7,a7 in use during the reporting period1 including as compared with the average daily fixed cost of housing an inmate in the general population2 7,k7 statistics for inmate assaults on correctional officers and staff of the ,bureau of ,prisons or the ,united ,states ,marshals ,service1 inmate-on-inmate assaults1 and staff-on-inmate use of force incidents in the various forms of solitary confinement described in subparagraph 7,a7 and statistics for such assaults in the general population2 7,l7 the policies for mental health screening1 mental health treatment1 and subsequent mental health reviews for all inmates1 including any update to the policies1 and any additional screening1 treatment1 and monitoring for inmates in solitary confinement2 7,m7 a statement of the types of mental health staff that conducted mental health assessments for the ,bureau of ,prisons and the ,united ,states ,marshals ,service during the reporting period1 a description of the different positions in the mental health staff of the ,bureau of ,prisons and the ,united ,states ,marshals ,service1 and the number of part- and full-time psychologists and psychiatrists employed by the ,bureau of ,prisons and the ,united ,states ,marshals ,service during the reporting period2 7,n7 data on mental health and medical indicators for all inmates in solitary confinement1 including-- 7i7 the number of inmates requiring medication for mental health conditions2 7ii7 the number of inmates diagnosed with an intellectual disability2 7iii7 the number of inmates diagnosed with a serious mental illness2 7iv7 the number of suicides2 7v7 the number of attempted suicides and number of inmates placed on suicide watch2 7vi7 the number of instances of self-harm committed by inmates2 7vii7 the number of inmates with physical disabilities1 including blind1 deaf1 and mobility-impaired inmates2 and 7viii7 the number of instances of force-feeding of inmates2 7,o7 the type and number of hours of programming received by inmates in restrictive housing2 and 7,p7 any other relevant data4 4 #g4 ,national coordinating center on solitary confinement reduction and reform 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means an entity1 or a partnership of entities1 that has demonstrated expertise in the fields of-- 7#a7 solitary confinement1 including the reduction and reform of its use2 and 7#b7 providing technical assistance to corrections agencies on how to reduce and reform solitary confinement4 7b7 ,requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,bureau of ,justice ,assistance shall enter into a cooperative agreement1 on a competitive basis1 with an eligible entity for the purpose of establishing a coordinating center for ,state1 local1 and ,federal corrections systems1 which shall conduct activities such as-- 7#a7 providing on-site technical assistance and consultation to ,federal1 ,state1 and local corrections agencies to safely reduce the use of solitary confinement2 7#b7 acting as a clearinghouse for research1 data1 and information on the safe reduction of solitary confinement in prisons and other custodial settings1 including facilitating the exchange of information between ,federal1 ,state1 and local practitioners1 national experts1 and researchers2 7#c7 creating a minimum of #aj learning sites in ,federal1 ,state1 and local jurisdictions that have already reduced their use of solitary confinement and that will coordinate with other ,federal1 ,state1 and local agencies to participate in training1 consultation1 and other forms of assistance and partnership with these learning sites2 7#d7 conducting evaluations of jurisdictions that have decreased their use of solitary confinement to determine best practices2 7#e7 conducting research on the effectiveness of alternatives to solitary confinement1 such as step-down or transitional programs1 strategies to reintegrate inmates into the general population in a facility1 the role of officers and staff culture in reform efforts1 and other research relevant to the safe reduction of solitary confinement2 7#f7 developing and disseminating a toolkit for systems to reduce the excessive use of solitary confinement2 7#g7 developing and disseminating an online self-assessment tool for ,state and local jurisdictions to assess their own use of solitary confinement and identify strategies to reduce the use of solitary confinement2 and 7#h7 conducting public webinars to highlight new and promising practices4 7c7 ,administration ,the program under this section shall be administered by the ,bureau of ,justice ,assistance4 7d7 ,report ,on an annual basis1 the coordinating center shall report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on its activities and any changes in solitary confinement policy at the ,federal1 ,state1 or local level that have resulted from the activities of the coordinating center4 7e7 ,duration ,the ,bureau of ,justice ,assistance shall enter into a cooperative agreement under this section for #e years4 #h4 ,authorization of appropriations ,there is authorized to be appropriated-- 7#a7 to the ,director of the ,bureau of ,prisons such sums as may be necessary to carry out sections #b1 #c1 #d1 and #f1 and the amendments made by such sections2 7#b7 to the ,director of the ,united ,states ,marshals ,service such sums as may be necessary to carry out sections #b1 #c1 #e1 and #f1 and the amendments made by such sections2 and 7#c7 to the ,bureau of ,justice ,assistance such sums as may be necessary to carry out section #g4 #i4 ,regulations ,the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service 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 #aj4 ,effective date 7a7 ,in general ,except as otherwise provided1 this ,act and the amendments made by this ,act shall take effect #ah months after the date of enactment of this ,act4 7b7 ,contractors ,for facilities that contract with the ,bureau of ,prisons or the ,united ,states ,marshals ,services1 this ,act and the amendments made by this ,act shall apply to contracts finalized and entered into after the effective date of this ,act4