End Solitary Confinement Act
The End Solitary Confinement Act would ban the use of solitary confinement in all federal facilities and in any facilities that federal agencies contract with. It establishes strict minimum standards for out-of-cell time and meaningful human engagement, with the goal of eliminating prolonged isolation as a disciplinary or protective measure. The bill allows only narrow exceptions (for counts, urgent safety situations, or lockdowns) and places strong limits on the duration and conditions of any restricted confinement. It also overhauls due process around confinement decisions, prohibits most uses of restraints, forbids special administrative measures, and requires quarterly public reporting on incidents of self-harm and suicide. The overall purpose is to reduce harm, improve safety and mental health, and save taxpayers money by ending a costly and inhumane practice. In addition to prohibiting solitary confinement, the bill creates a framework to ensure that any time an incarcerated person is separated from the general population, it is tightly regulated, medically supervised, and focused on de-escalation and eventual reintegration. It applies to federal prison facilities as well as any facilities contracted by federal agencies to house incarcerated people (e.g., certain DOJ, DHS, and HHS facilities or contractors). The act emphasizes trauma-informed care, access to programming, and meaningful interaction as core components of confinement and discipline practices.
Key Points
- 1Prohibition and minimum standards for confinement
- 2- Generally prohibits solitary confinement, with limited circumstances allowed (e.g., for count/sleep up to 8 hours per day, for mandatory counts or single-line activities up to 2 hours per day, emergency de-escalation up to specified hourly and daily caps, and lockdowns under strict safeguards).
- 3- Mandates minimum out-of-cell time: at least 14 hours per day of out-of-cell congregate time in a shared, barrier-free space, including at least 7 hours of structured programming, at least 1 hour of recreation, and additional unstructured activities (meals, library use, social calls, etc.).
- 4Protections for vulnerable groups
- 5- Prohibits placing certain groups in solitary confinement, including those 25 or younger, 55 or older, with disabilities or mental health needs, pregnant individuals or those in certain post-pregnancy periods, and those identified as or perceived to be LGBTQ+. These protections limit use of confinement for these populations.
- 6Due process and placement hearings
- 7- Requires a formal placement hearing before any alternative-unit confinement (except in limited cases). Hearings must be conducted by a neutral decision maker and follow detailed procedural safeguards (notice, opportunity to present evidence, cross-examination, representation, and a written, reasoned determination within a set timeframe).
- 8- Establishes specific acts that could justify placement in an alternative unit (e.g., causing serious injury or death, planning a riot, or escaping) and requires clear and convincing evidence for such placement.
- 9- Provides for independent, appointment-specific, and department-structured appointment of neutral decision makers for hearings in DOJ, DHS, and HHS facilities or contractors, to ensure independence from prosecutors and other agencies.
- 10Restraints and medical/administrative considerations
- 11- Generally bans the use of restraints except in narrowly defined, immediate-risk situations, with limits on duration and daily review by a medical provider.
- 12- Prohibits special administrative measures (SAMs) in any federal facility.
- 13- Allows separation for medical purposes only in medically appropriate settings and requires ongoing medical/mental health assessments and access to programming during such separations; requires escalation of care and potential transfer to appropriate community hospitals if needed.
- 14Oversight, reporting, and transparency
- 15- Requires quarterly public reporting by each federal agency on incidents of self-harm, suicide attempts, and suicide, disaggregated by race, age, and gender, to monitor safety and the impact of confinement practices.