End Solitary Confinement Act
The End Solitary Confinement Act would prohibit the use of solitary confinement in all Federal facilities and in any facilities or entities with which the Federal government contracts. It establishes minimum standards for out-of-cell time and meaningful engagement, requiring at least 14 hours per day of out-of-cell, congregate time, with structured programming (at least 7 hours), recreation (at least 1 hour), and other activities. Solitary confinement would only be allowed in narrowly defined circumstances (e.g., for nighttime counts, essential counts or facility business, or in emergencies to de-escalate imminent risk, and only under strict time limits or during gated lockdowns, with detailed review and oversight). The bill also imposes broad protections for vulnerable groups deemed unsuitable for confinement in isolation, mandates health-care and de-escalation-focused engagement, and prohibits the use of restraints and certain restrictive practices except under tightly controlled conditions. In addition to prohibiting solitary confinement, the bill creates a framework of due process and independent decision-making for any placement in an alternative unit, requires regular reviews (including by multidisciplinary teams), bans special administrative measures, and mandates quarterly public reporting by each agency on confinement incidents and related data. It also requires comprehensive medical assessments and care in any medical or protective custody placement and limits the use of separations, ensuring access to programs and services designed to support rehabilitation and reentry.
Key Points
- 1Prohibition and minimum standards for confinement
- 2- Generally bars solitary confinement in Federal facilities and those contracting with them, with narrowly defined exceptions (e.g., for counts, urgent safety, or lockdowns).
- 3- Requires not less than 14 hours per day of out-of-cell, congregate time in a shared space, including at least 7 hours of structured programming, 1 hour of recreation, and access to meals, library/law library, visits, and other activities.
- 4Protection for vulnerable groups
- 5- Prohibits involuntary confinement for certain groups (e.g., ages 25 or younger, 55 and older, individuals with disabilities, those with diagnosed mental health needs, pregnant individuals or in perinatal/postpartum periods, and individuals identified as LGBTQ+).
- 6Health care, de-escalation, and medical placement
- 7- Requires health-care and behavioral assessments, frequent checks, and de-escalation efforts during any restrictive placement.
- 8- Establishes medical isolation/quarantine standards in least restrictive settings and requires medical oversight and potential discharge to outside facilities if medically necessary.
- 9Alternative units, separation, and due process
- 10- If separation into an alternative unit is used, it must meet rigorous requirements and include access to programming and medical care.
- 11- Placement into alternative units requires a placement hearing with a neutral decision maker, specific evidentiary standards, and written determinations within defined timeframes.
- 12- Provides for representation (attorney, advocate, or incarcerated person of choice) and ensures the incarcerated person can present evidence and cross-examine witnesses.
- 13Restraints and protections against overuse
- 14- Generally bans restraints; allows restraints only under narrowly defined, immediate risk conditions and with strict time limits (no longer than 4 hours without medical review).
- 15- Repeated or continued restraint use requires a placement hearing and the same protections as initial use.
- 16Special administrative measures (SAMs)
- 17- Prohibits the use of SAMs in Federal facilities under this Act.
- 18Data and transparency
- 19- Requires quarterly reporting by each Federal agency on confinement incidents, including self-harm, suicide attempts, and suicide, disaggregated by race, age, gender identity, mental health status, disability, pregnancy/postpartum status, sexual/gender identity, housing type, and other details.
- 20Legal framework and enforcement
- 21- Amends Title 18 of the U.S. Code, adding a new Sec. 4015 to govern ending solitary confinement and establishing minimum standards across all relevant Federal facilities and contractor-operated facilities.