H.R. 4682 — End Solitary Confinement Act

This section states congressional findings on the harms of solitary confinement (i.e., restrictive housing in prisons and detention facilities), including its classification as torture that causes self-mutilation, suicide, heart disease, anxiety, depression, psychosis, and death; its disproportionate use against people of color, transgender and gender nonconforming individuals, those with mental health needs, and youth; its perpetuation of a racially rooted incarceration system; its status as an outlier among advanced democracies; and evidence that alternatives improve safety and save billions in taxpayer costs.

This section prohibits the placement of persons incarcerated in federal facilities in solitary confinement except in limited circumstances—(1) at night for count or sleep, not to exceed 8 hours in any 24-hour period; (2) during the day for count or required facility business, not to exceed 2 hours in any 24-hour period; (3) in an emergency as a last resort to de-escalate imminent risk of serious physical injury, not to exceed 4 hours immediately following, 4 hours in any 24-hour period, or 12 hours in any 7-day period; or (4) during a facility-wide or partial lockdown similarly limited to 4 hours total, 4 hours per 24-hour period, or 12 hours per 7-day period, with hourly reviews—and requires hourly de-escalation attempts and health care staff check-ins every 15 minutes during any such placement. The section further requires all incarcerated persons to receive at least 14 hours per day of out-of-cell congregate interaction without physical barriers, including not less than 7 hours of structured programming (e.g., educational, vocational, mental health, reentry), 1 hour of recreation, and other activities such as meals, library access, and contact visitation. Finally, the section prohibits involuntary emergency confinement for persons who are 25 years of age or younger, 55 years of age or older, have a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), have any diagnosed mental health need, are pregnant or in the first 12 weeks postpartum (or longer if medically necessary), or have identified as or are perceived to be lesbian, gay, bisexual, or transgender. (Thus, health care staff must assess and treat such persons instead and relocate them if solitary confinement would have a negative impact.)

This section establishes an independent community monitoring body, to be created by the Attorney General within 90 days of enactment in consultation with specified civil rights officers, to oversee federal facilities holding incarcerated persons (including those in immigration detention and Office of Refugee Resettlement custody). The Attorney General must appoint at least 15 members, incorporating input from community organizations advocating for incarcerated persons' rights and an end to solitary confinement, with members limited to survivors of solitary confinement or their loved ones, faith leaders, medical or mental health professionals, or civil rights or human rights advocates who have relevant experience enhancing incarcerated persons' rights and treatment—including at least half who were incarcerated or had family members incarcerated, two with child trauma experience, two with immigration detention experience, and two with adult prison or jail experience. Members serve five-year terms (with one possible reappointment for a total of 10 years) and receive per diem reimbursement; the body may designate assistants and, notwithstanding other laws, conduct unannounced visits to all areas of federal facilities and access all nonclassified, nonprivileged data from federal agencies. The body may conduct private, confidential in-person interviews and communications with consenting incarcerated persons and staff, with child interviews in Office of Refugee Resettlement custody requiring additional consent from any appointed child advocate or attorney; it must consult experts to develop trauma-sensitive monitoring protocols prioritizing safety, psychological well-being, agency, and coping options for those in custody.

This section requires each state or local entity receiving funds under the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG)—a formula grant program supporting state and local criminal justice activities—to annually certify to the Attorney General that it has (or will have within 180 days of enactment) laws, policies, and programs substantially complying with section 4015, including ensuring at least 14 hours of daily out-of-cell congregate interaction in shared spaces without physical barriers. Beginning in the first fiscal year after enactment, it directs the Attorney General to reduce Byrne JAG funding for non-compliant entities by at least 10%, exempting amounts for public defenders, community-based mental health care, community-based drug treatment, community-based violence interruption, and similar non-carceral services.

This section adds new section 4018 to chapter 301 of title 18, U.S. Code, defining 16 terms used in sections 4015, 4016, and 4017—including “acute psychiatric crisis” (i.e., sudden onset of psychotic symptoms such as hallucinations or suicidal ideation), “alternative unit” (i.e., any unit more restrictive than general population housing), “solitary confinement” (i.e., confinement without meaningful group interaction), “Federal facility” and “Federal agency” (i.e., specified federal detention facilities and agencies, plus contractors), “incarcerated” (i.e., held in a Federal facility for any reason), and “mental health need” (i.e., current or recent mental health diagnosis)—and updates the chapter’s table of contents accordingly.

This section revises the limitation on prisoner recovery for mental or emotional injury in federal civil actions (42 U.S.C. § 1997e(e))—which generally bars such claims absent a prior showing of physical injury—by permitting claims without that showing if the prisoner demonstrates the commission of a sexual act (as defined in 18 U.S.C. § 2246) or placement in solitary confinement or an alternative unit (as defined in 18 U.S.C. § 4018). (Thus, prisoners alleging sexual abuse or prolonged isolation may pursue mental or emotional damages without proving physical injury.)

This section directs each federal agency, as defined in section 4018 of title 18, United States Code, as added by this Act, to (1) incorporate the requirements of this Act and the amendments made by this Act into relevant standards and procedures governing confinement and (2) monitor compliance with those requirements.

This section authorizes appropriations of such sums as necessary to implement the Act and prohibits use of those funds for (1) buildings and facilities appropriations for the Bureau of Prisons; (2) procurement, construction, and improvements appropriations for the Department of Homeland Security, including Immigration and Customs Enforcement and Customs and Border Protection; (3) construction appropriations for the United States Marshals Service; (4) buildings and facilities appropriations for the Department of Health and Human Services, including the Administration for Children and Families and the Office of Refugee Resettlement; (5) construction of facilities where persons will be incarcerated or construction or renovation of buildings or spaces within such facilities; or (6) construction, installation, or introduction of weapons or any objects, devices, or mechanisms that restrict movement or create more restrictive environments.

This section provides a severability clause, stating that if any provision of this Act or its amendments, or its application to any person or circumstance, is held invalid, the remainder of the Act and its amendments, and the application of such provision to other persons or circumstances, remain in effect.