S. 2477 — End Solitary Confinement Act

This section states 11 congressional findings on solitary confinement, including that it causes severe physical and psychological harm (e.g., self-mutilation, suicide, heart disease, anxiety, depression, psychosis), affects over 120,000 people daily across federal, state, local, and immigration facilities, disproportionately impacts people of color, transgender and gender nonconforming individuals, those with mental health needs, and youth, costs taxpayers billions of dollars, increases violence and deaths, and is less effective than out-of-cell programming for safety and reentry.

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 that can only be carried out in a cell, not to exceed 2 hours in any 24-hour period; (3) in an emergency situation as a last resort to de-escalate imminent risk of serious physical injury, not to exceed 4 hours immediately following the situation, 4 hours in any 24-hour period, or 12 hours in any 7-day period; or (4) during a facility-wide or partial lockdown determined necessary by the facility or agency head as a last resort, similarly limited to 4 hours from start, 4 hours in any 24-hour period, or 12 hours in any 7-day period, with hourly reviews after 2 hours—and requires de-escalation attempts at least hourly, meaningful health staff check-ins every 15 minutes, and medical/mental health assessments. The section further requires all incarcerated persons to receive at least 14 hours per day of out-of-cell congregate interaction in shared spaces without physical barriers, including (1) at least 7 hours of structured programming (e.g., educational, vocational, mental health, reentry); (2) at least 1 hour of congregate recreation; and (3) unstructured activities such as meals, library access, visits, and calls. Finally, the section bars 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 staff must assess and treat any such persons prohibited from confinement and relocate them if needed.)

This section establishes a community monitoring body, to be created by the Attorney General not later than 90 days after enactment in consultation with specified civil rights officers, to conduct independent oversight of federal facilities and agencies holding incarcerated persons (including prisons, jails, immigration detention, and Office of Refugee Resettlement custody). (1) The body consists of at least 15 appointed members with required experience enhancing incarcerated persons' rights and treatment—including at least half who were incarcerated or had family members incarcerated, at least two with child trauma expertise, at least two with immigration detention experience, and at least two with adult prison/jail experience—who serve initial five-year terms renewable once for a total of 10 years. (2) Members receive Department of Justice per diem reimbursement and may designate assistants. (3) The body has authority for unannounced facility visits, access to all facility areas and nonclassified/nonprivileged agency data, and trauma-sensitive in-person interviews and communications with consenting incarcerated persons and staff (with added consent requirements for Office of Refugee Resettlement children from child advocates and attorneys). (Thus, the body provides external, community-led monitoring of conditions such as solitary confinement in federal custody.)

This section requires each state or local entity receiving funds under the Edward Byrne Memorial Justice Assistance Grant Program (i.e., formula grants to states and localities for criminal justice purposes, including law enforcement, prosecution, courts, corrections, and crime prevention) to annually certify to the Attorney General substantial compliance with solitary confinement restrictions under section 4015—including laws, policies, and programs ensuring at least 14 hours of daily out-of-cell congregate interaction in a shared space without physical barriers—with implementation required within 180 days of enactment if not already in effect. Beginning in the first fiscal year after enactment, the Attorney General must reduce such an entity's Byrne JAG funding by at least 10% for noncompliance with section 4015 or related amendments, exempting funds for public defenders, community-based mental health care, drug treatment, violence interruption, and similar non-carceral, non-policing services.

This section inserts new section 4018 in chapter 301 of title 18, U.S. Code, to define 16 terms used in sections 4015, 4016, and 4017 (e.g., acute psychiatric crisis (i.e., sudden onset of psychotic symptoms such as hallucinations, delusions, suicidal ideation, or extreme panic); alternative unit (i.e., any unit more restrictive than general population housing); federal facility and federal agency (i.e., broadly including Bureau of Prisons, ICE, CBP, ORR, USMS, and HHS facilities or contractors holding persons in federal custody); mental health need (i.e., current or prior two-year mental health diagnosis); solitary confinement (i.e., confinement without meaningful group interaction)).

This section revises the limitation on recovery under the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e)) to permit a federal civil action by a prisoner for mental or emotional injury suffered while in custody without a prior showing of physical injury upon a showing of (1) the commission of a sexual act (as defined in 18 U.S.C. 2246), or (2) placement in solitary confinement or an alternative unit (as defined in 18 U.S.C. 4018). (Previously, such actions required a prior showing of 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 its amendments into relevant standards and procedures governing confinement; and (2) monitor compliance with those requirements.

This section directs Congress to appropriate 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 incarceration facilities or renovation of spaces within them by any federal agency; or (6) construction, installation, or introduction of weapons or movement-restricting devices or mechanisms by any federal agency.

This section establishes a severability clause, providing 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 that provision to other persons or circumstances, remain in effect.