(1)

the use of solitary confinement as a carceral practice causes devastating harm and constitutes a form of torture;

(2)

solitary confinement of any length of time, measured in days or even hours, can cause self-mutilation, suicide, heart disease, anxiety, depression, psychosis, mental and physical deterioration, and a significantly heightened risk of death;

(3)

over 120,000 people are estimated to be in solitary confinement on any given day in Federal, State, local, and immigration detention facilities;

(4)

solitary confinement and other forms of restrictive housing and practices are disproportionately inflicted on Black, Latinx, Native, and other people of color, as well as transgender and gender nonconforming people, people with mental health needs, and young people;

(5)

survivors of solitary confinement often carry significant trauma and other physical and psychological harm with them for the rest of their lives;

(6)

solitary confinement has directly caused the deaths of far too many people and has increased violence and harm in prisons, detention facilities, and communities;

(7)

solitary confinement derives from, and helps perpetuate, a horrific and brutal incarceration system that is rooted in racism and focuses on extreme punishment and abuse, rather than on providing opportunities for growth, healing, redemption, and transformation;

(8)

the United States is an outlier among advanced democracies in the use of solitary confinement;

(9)

evidence shows that out-of-cell, prosocial engagement and programming increase safety, well-being, and reentry outcomes;

(10)

solitary confinement is expensive, and cost analyses at the Federal and State levels indicate that the elimination of solitary confinement would save taxpayers billions of dollars; and

(11)

solitary confinement is costly to taxpayers, does not make communities safer, jeopardizes the safety of incarcerated people and correctional staff, constitutes inhumane and degrading treatment, and has no place in a civilized society.

(a) In general

Chapter 301 of title 18, United States Code, is amended by adding at the end the following:

4015. Ending solitary confinement and establishing minimum standards

(a) Prohibition on the use of solitary confinement and establishment of minimum standards

(1) In general

Except in the circumstances described in paragraph (2)(B), a person incarcerated in a Federal facility may not be placed in solitary confinement.

(2) Minimum standards for out-of-cell time and meaningful human engagement

(A) Congregate interaction required

Except as provided in clauses (iii) and (iv) of subparagraph (B), all persons incarcerated in a Federal facility, regardless of housing unit or detention status, shall have access to not less than 14 hours per day of out-of-cell congregate interaction in a shared space, without physical barriers, that is conducive to meaningful group interaction, including access to—

(i)

not less than 7 hours per day of structured out-of-cell, congregate programming led by a staff member, incarcerated person, or community member, including access to educational, vocational, volunteer, mental health, violence prevention, alcohol and substance use treatment, financial, religious, and reentry programming;

(ii)

not less than 1 hour per day of out-of-cell congregate recreation; and

(iii)

other unstructured out-of-cell congregate activities, including time in a day room or equivalent space, meals, library and law library, legal visits, social and legal telephone calls, contact social visitation without physical barriers, and personal property and commissary.

(B) Prohibition on solitary confinement

A person incarcerated in a Federal facility may not be placed in solitary confinement unless such placement is necessary—

(i)

at night for count or sleep, not to exceed 8 hours in any 24-hour period;

(ii)

during the day for count or required facility business that can only be carried out while a person incarcerated in a Federal facility is placed in a cell, not to exceed 2 hours during any 24-hour period;

(iii)

subject to subparagraphs (C) and (D), in an emergency situation as a last resort, only if necessary to de-escalate immediate circumstances that pose a specific and significant risk of imminent serious physical injury to the person, staff, or other incarcerated persons, and for as short a time as necessary to de-escalate such circumstances, not to exceed—

(I)

4 hours total immediately following such emergency situation;

(II)

4 hours total during any 24-hour period; or

(III)

12 hours total during any 7-day period; or

(iv)

as part of a Federal agency-wide, Federal facility-wide, or partial Federal facility-wide lockdown, and—

(I)

only if a head of a Federal facility or Federal agency has determined the lockdown is necessary to de-escalate an emergency that involves several incarcerated persons and poses a specific and significant risk of imminent serious physical injury to the staff or incarcerated persons;

(II)

only when there are no less restrictive means to address an emergency, as a last resort after exhausting less restrictive measures;

(III)

if the lockdown is confined to as narrow an area as possible and to as limited number of people as possible; and

(IV)

if the lockdown is reviewed every hour by the head of the Federal facility or Federal agency, with notification provided to the Federal agency regional or field office, or equivalent office responsible for oversight of the Federal facility, beginning at the time the lockdown has lasted 2 hours, and is lifted as quickly as possible, provided that such lockdown shall not exceed—

(aa)

4 hours total from the time at which the lockdown starts;

(bb)

4 hours total during any 24-hour period; or

(cc)

12 hours total during any 7-day period.

(C) De-escalation and engagement

(i) In general

With respect to any placement pursuant to subparagraph (B)(iii), Federal facility staff shall meet with the incarcerated person not less frequently than once per hour to attempt de-escalation, work toward the release of the person from such confinement, and determine whether it is necessary to continue to hold the person in such confinement, and with respect to any placement pursuant to clause (iii) or (iv) of subparagraph (B) or any placement pursuant to subparagraph (G), health care staff must conduct a thorough medical, mental health, social, and behavioral assessment upon admission to such placement, conduct meaningful check-ins every 15 minutes to engage with the person in custody, evaluate and treat any urgent health needs, and attempt de-escalation.

(ii) Relocation by health care staff

If health care staff determines an incarcerated person should be removed from solitary confinement for assessment or treatment purposes, or because of a negative impact of such confinement, the person shall be relocated to an appropriate setting as determined by health care staff.

(iii) Assessment

(I) In general

Health care staff must conduct a thorough medical, mental health, social, and behavioral assessment of any person who would have been placed in confinement under subparagraph (B)(iii) but who is prohibited from such placement under subparagraph (D).

(II) Treatment

Health care staff shall subsequently treat any health needs identified in an assessment conducted under subclause (I).

(D) Prohibition on involuntary confinement

No person may be involuntarily confined in a cell under subparagraph (B)(iii) who—

(i)

is 25 years of age or younger;

(ii)

is 55 years of age or older;

(iii)

has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

(iv)

has any diagnosed mental health need;

(v)

is pregnant, in the first 12 weeks of the postpartum recovery period after giving birth, experiencing a miscarriage, or terminating a pregnancy, or longer if medically necessary, or caring for a child in a facility program; or

(vi)

has identified as, or is known or perceived by any facility staff to be, lesbian, gay, bisexual, transgender, intersex, or gender nonconforming.

(E) Requirements for separation

(i) In general

If a Federal facility determines that a person must be separated from the general facility population, including any placement in protective custody, for any reasons other than, or in a manner other than as provided under clauses (iii) and (iv) of subparagraph (B), such separation in an alternative unit must—

(I)

comply with—

(aa)

subparagraphs (A) and (F); and

(bb)

paragraphs (3), (4), and (5); and

(II)

provide appropriate, high quality medical assessment and care and provide access to out-of-cell, congregate, trauma-informed, therapeutic programming aimed at promoting personal development, addressing underlying causes of problematic behavior resulting in the alternative unit placement, and helping prepare for discharge from the unit to the general population and to the community.

(ii) Assessment

(I) In general

Immediately upon placement in an alternative unit, health care staff shall conduct a thorough medical, mental health, social, and behavioral assessment and subsequently treat any health needs that result from such assessment.

(II) Cognitive impairment evaluation

For a person who is aged 55 or over, and for any other person showing any signs of potential cognitive impairment, such assessment shall include an evaluation for cognitive impairment.

(F) Prohibition on limitation of services

In all Federal facilities, the following may not be imposed as a form of punishment, discipline, or for any other reason:

(i)

Limitation on services, programming, treatment, contact visitation, phone calls, email, mail, or basic needs such as clothing, food, or bedding.

(ii)

Involuntary restricted diets or any other involuntary change in diet.

(iii)

Confiscation of approved personal property.

(G) Separation for medical purpose

(i) In general

(I) Requirement

A person may be separated from the general facility population into an alternative unit for medical purposes, including medical quarantine, medical isolation, acute intoxication (while awaiting detoxification), and/or an acute psychiatric crisis (such as acute psychosis awaiting optimization of psychiatric medication) but only if—

(aa)

necessary to address immediate, specific, and significant risk of medical contagion or imminent serious physical injury to a person, staff, or other incarcerated persons; and

(bb)

done in a medical unit overseen by health care staff for as limited a time as medically necessary as determined by health care staff.

(II) Alternative unit requirements

An alternative unit used under subclause (I) shall be required to—

(aa)

be located in the least restrictive environment that is medically appropriate;

(bb)

be in compliance with subparagraphs (A), (E), and (F) of this paragraph and paragraph (5) of this subsection; and

(cc)

provide comparable access granted to persons incarcerated in the general population to phone calls, emails, contact visits, time outdoors, access to reading materials, recreation, interactions with other incarcerated people, out-of-cell time, and programming, all with medically appropriate modifications determined necessary by health care staff, such as maintaining physical distance determined appropriate by health care staff during infectious outbreaks.

(ii) General review for medical necessity

(I) In general

The lead health care professional at the Federal facility shall immediately review any such placement to determine whether or not the placement is medically necessary and shall provide written authorization of the placement, if medically necessary.

(II) Contents

An authorization under subclause (I) shall state—

(aa)

the length of time that the lead health care provider believes the medical quarantine or medical isolation shall last; and

(bb)

for persons placed in medical isolation due to acute psychiatric needs, the length of time the lead health care provider expects for the person to become stabilized, including stabilized on anti-psychotic medication.

(iii) Review for placement of more than 24 hours

(I) In general

If any such placement lasts more than 24 hours, the lead health care professional of the relevant Federal agency shall review the placement to determine whether or not the placement is medically necessary and shall provide written authorization if the lead agency health care professional determines the placement to be medically necessary.

(II) Continuing review

The lead agency health care professional shall review the placement every 24 hours after the review conducted under subclause (I) to determine if the continued placement is medically necessary and provide written authorization every 24 hours after the review conducted under subclause (I) until the person is released from such placement or until the lead agency or facility-level health care professional determines the placement is no longer necessary.

(iv) Cessation of medical necessity

If, at any time, the lead facility-level health care professional or the lead agency-level health care professional determines that such placement is no longer medically necessary to address immediate circumstances that pose an immediate, specific, and significant risk of medical contagion or imminent serious physical injury to a person, staff, or other incarcerated persons, the person shall be released from the placement.

(v) Discharge to outside community hospitals

If a Federal facility is unable to properly treat a person in quarantine or medical isolation, including medical isolation for a person experiencing an acute psychiatric crisis without resorting to the use of solitary confinement beyond uses allowed under clause (i), or (ii) of subparagraph (B) or without complying with the requirements of an alternative unit, then the Federal facility shall discharge the person to an appropriate outside community hospital that can provide the requisite care.

(3) Due process requirements

(A) Hearing regulations

(i) In general

The reasons and procedures for placement in protective custody shall be subject to the regulations, rules, standards, and procedures (or any successors thereof) applicable to each Federal agency.

(ii) Requirements

All hearings under regulations described in clause (i) shall comply with paragraph (4), and the conditions for all people in protective custody shall comply with—

(I)

subparagraphs (A), (E), and (F) of paragraph (2); and

(II)

paragraph (5).

(B) Review of placement

(i) In general

The placement of an incarcerated person in an alternative unit shall be meaningfully reviewed not less than the first 15 days after placement in solitary confinement, and not less frequently than every 15 days thereafter, by a multidisciplinary team, including program and health care staff, to determine whether the release of the incarcerated person to the general facility population continues to present a specific and significant risk of imminent serious physical injury to the person, staff, or other incarcerated persons.

(ii) Notice of reasons for determination

If an incarcerated person is not discharged from an alternative unit at a review described under clause (i), the incarcerated person shall promptly receive in writing the reasons for the determination and the program, treatment, service, or corrective action required before discharge.

(iii) Access to services; discharge

Each incarcerated person shall be given access to the programs, treatment, and services specified under subparagraph (A), and shall be permitted to be discharged from an alternative unit if the person so chooses and does not engage in behavior that presents a specific and significant risk of imminent serious physical injury to the person, staff, or other incarcerated persons during the subsequent 15 days.

(iv) Duration

Other than for purposes of protective custody, or upon written request by the person, no person may be held in an alternative unit for more than 60 days during any 6-month period.

(C) No placement based on previous incident

No person may be placed in an alternative unit for an act or incident for which the person was previously placed in such unit.

(4) Placement hearings

(A) Placement in alternative unit

Other than separation of persons in protective custody or for purposes of confinement under clauses (iii) and (iv) of paragraph (2)(B) and paragraph (2)(G), no person incarcerated in a Federal facility may be placed in an alternative unit unless and until it is determined in writing following a placement hearing that clear and convincing evidence shows that the person committed 1 of the following acts at the time placement is sought, and the specific circumstances of the acts were so heinous or destructive that placement of the person in general facility housing creates a specific and significant risk of imminent serious physical injury to staff or other incarcerated persons:

(i)

Causing or attempting to cause serious physical injury or death to another person.

(ii)

Compelling or attempting to compel another person, by force or threat of force, to engage in a sexual act.

(iii)

Leading, organizing, inciting, or attempting to cause a riot, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or serious physical harm to another person.

(iv)

Escaping, attempting to escape or facilitating an escape from a Federal facility or escaping, attempting to escape, or facilitating an escape while under supervision outside the Federal facility.

(B) Neutral decision maker required

Each placement hearing shall be conducted by a neutral decision maker.

(C) Department of Justice

For all placement hearings involving placement in facilities operated by the Federal Bureau of Prisons or facilities contracting with the Federal Bureau of Prisons or United States Marshals Service for incarcerating people in the care or custody of those facilities or entities, the neutral decision maker shall be—

(i)

appointed by the Assistant Attorney General for Civil Rights;

(ii)

employed by the Department of Justice; and

(iii)

independent of—

(I)

any division or unit within the Department of Justice that has people in its care or custody or engages in any prosecuting activities;

(II)

any other Federal agency; and

(III)

any prosecuting entity.

(D) Department of Homeland Security

For all placement hearings involving placement in facilities operated by or contracting with U.S. Immigration and Customs Enforcement, the Department of Homeland Security, or U.S. Customs and Border Protection for incarcerating people in the care or custody of those facilities or entities, the neutral decision maker shall be—

(i)

appointed by the Officer for Civil Rights and Civil Liberties;

(ii)

employed by the Department of Homeland Security; and

(iii)

independent of—

(I)

the Office for Civil Rights and Civil Liberties;

(II)

any division or unit within the Department of Homeland Security that has people in its care or custody or engages in any prosecuting activities;

(III)

any other Federal agency; and

(IV)

any prosecuting entity.

(E) Department of Health and Human Services

For all placement hearings involving placement in facilities operated by or contracting with the Department of Health and Human Services for incarcerating people in the care or custody of those facilities or entities, the neutral decision maker shall be—

(i)

appointed by the Director of the Office for Civil Rights;

(ii)

employed by the Department of Health and Human Services; and

(iii)

independent of—

(I)

the Office for Civil Rights;

(II)

any division or unit within the Department of Health and Human Services that has people in its care or custody;

(III)

any other Federal agency; and

(IV)

any prosecuting entity.

(F) Evidence presented

At any placement hearing, the incarcerated person shall be permitted to offer documentary and testimonial evidence, cross-examine witnesses, and present any mitigating evidence, justification evidence, or other relevant evidence helpful in aiding the defense of the incarcerated person.

(G) Representation

(i) In general

At such a hearing, the incarcerated person shall be permitted to—

(I)

engage in self-representation; or

(II)

be represented by any attorney, law student permitted to practice law, paralegal, community advocate, or other incarcerated person chosen by the person being represented.

(ii) Assistance for representation

If a person does not have a representative, the person shall be offered the assistance of a representative as follows:

(I) Department of Justice placement hearings

For all placement hearings described in subparagraph (C), if an incarcerated person does not select a representative, an appointed representative shall be—

(aa)

selected by the Assistant Attorney General for Civil Rights;

(bb)

employed by the Department of Justice; and

(cc)

independent of—

(AA)

any division or unit within the Department of Justice that has people in its care or custody or engages in any prosecuting activities;

(BB)

any other Federal agency; and

(CC)

any prosecuting entity.

(II) Department of Homeland Security hearings

For all placement hearings described in subparagraph (D), if an incarcerated person does not select a representative, an appointed representative shall be—

(aa)

selected by the Officer for Civil Rights and Civil Liberties;

(bb)

employed by the Department of Homeland Security; and

(cc)

independent of—

(AA)

the Office for Civil Rights and Civil Liberties;

(BB)

any division or unit within the Department of Homeland Security that has people in its care or custody or engages in any prosecuting activities;

(CC)

any other Federal agency; and

(DD)

any prosecuting entity.

(III) Department of Health and Human Services hearings

For all placement hearings described in subparagraph (E), if an incarcerated person does not select a representative, any appointed representative shall be—

(aa)

selected by the Director of the Office for Civil Rights;

(bb)

employed by the Department of Health and Human Services; and

(cc)

independent of—

(AA)

the Office for Civil Rights;

(BB)

any division or unit within the Department of Health and Human Services that has people in its care or custody;

(CC)

any other Federal agency; and

(DD)

any prosecuting entity.

(H) Notice

(i) In general

Not less than 2 days prior to any placement hearing under this paragraph, both the incarcerated person and the chosen representative of the incarcerated person shall be provided detailed written notice of the reason for proposed placement in an alternative unit, including all relevant evidence, during which time the person may not, other than for purposes of protective custody, be placed in such alternative unit.

(ii) Time to prepare

The incarcerated person and the chosen representative shall be provided adequate time to prepare for such hearings and afforded adjournments as appropriate.

(iii) Refusal to attend

Any refusal by an incarcerated person to attend such hearings shall be videotaped and made part of the evidentiary record that shall be maintained by the relevant Federal agency.

(iv) Failure to comply

Failure to provide the notice described in clause (i) or to enter into the record videotaped evidence of an alleged refusal to attend by an incarcerated person shall constitute a basis for resolving the hearing in the favor of the incarcerated person.

(I) Written determination

(i) In general

Not later than 5 business days after the conclusion of the placement hearing, the neutral decision maker shall issue a written determination.

(ii) Clear and convincing evidence

Any finding that an incarcerated person meets the criteria of placement in an alternative unit under subparagraph (A) shall be supported by clear and convincing evidence.

(iii) Contents

The determination shall specify the finding, a summary of the testimony of each witness and an explanation of whether the testimony was credited or rejected, the evidence relied upon in reaching the finding, and the placement imposed, if any.

(iv) Notice of determination

Not later than 24 hours after issuance of the determination, a copy of the determination shall be provided to the incarcerated person and the chosen representative of the incarcerated person.

(5) Use of restraints

(A) In general

Except as provided in subparagraphs (B) through (E), no person incarcerated in a Federal facility shall be placed in restraints.

(B) Exceptions

Subparagraph (A) shall not apply if facility staff make an individualized determination at the time of, or immediately following, an incident precipitating placement in restraints that such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the person, other incarcerated persons, or staff based on concrete evidence of such risk.

(C) Least restrictive form

If restraints are used pursuant to subsection (B), the least restrictive form of restraints shall be used for no longer than necessary to abate such specific and significant risk of imminent serious physical injury, and in no circumstances shall continue beyond 4 hours unless a supervisory medical provider determines that such restraints are necessary to prevent such risk.

(D) Placement hearing required

(i) In general

Restraints shall not be used on the same person on consecutive days unless a placement hearing with protections established under paragraphs (3) and (4) establishes such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the incarcerated person, other incarcerated persons, or staff based on concrete evidence of such risk, and subject to the same limitations each day as set forth in this paragraph.

(ii) Limitations

Any repeated use of restraints approved at such a due process hearing shall be no longer than 3 days, subject to the same limitations each day as set forth in this paragraph, meaningfully reviewed by a supervisory medical provider at least daily, and discontinued once restraints are no longer necessary to prevent a specific and significant risk of imminent serious physical injury to the person, other incarcerated persons, or staff.

(E) Subsequent use of restraints

Once an approved use of restraints has been discontinued, any subsequent use of restraints on that person shall only be permitted to address a new incident and upon the same requirements under this paragraph.

(6) Special administrative measures

No Federal facility may use special administrative measures.

(b) Report Required

Not later than 15 days after the end of each quarter of the fiscal year, each Federal agency shall report on the website of the Federal agency the following:

(1)

The total number of incidents at each facility operated by the Federal agency during the preceding quarter of self-harm, suicide attempts, and suicide, disaggregated by race, age, gender identity, documented mental health status, documented disability, pregnancy or postpartum status, identification as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming, type of housing unit including confinement under clause (iii) or (iv) of subsection (a)(2)(B), any alternative units under subparagraph (E) or (G) of subsection (a)(2), and length of time in such housing unit.

(2)

The total number of placements at each facility during the preceding quarter, separately listed, in confinement under clauses (iii) and (iv) of subsection (a)(2)(B), in protective custody under subsection (a)(2)(E), and in any alternative units under subparagraphs (E) and (G) of subsection (a)(2) during that quarter.

(3)

The total number of people at each facility on the last day of each quarter, separately listed, in confinement under clauses (iii) and (iv) of subsection (a)(2)(B), in protective custody under subsection (a)(2)(E), in any other alternative unit under subsection (a)(2)(E), and in any alternative unit under subsection (a)(2)(G), disaggregated by race, age, gender identity, documented mental health status, documented disability, pregnancy or postpartum status, identification as lesbian, gay, bisexual, transgender, intersex, or gender nonconforming, and reason for placement.

(4)

The total number of placements at each facility during the preceding quarter, separately listed, for which confinement under clauses (iii) and (iv) of subsection (a)(2)(B) lasted for less than 1 hour, between 1 and 2 hours, between 2 and 3 hours, between 3 and 4 hours, and for longer than 4 hours, with a listing of the length of time of each placement that exceeded 4 hours.

(5)

The total number of people at each facility who had reached a total period of time during the preceding quarter, separately listed, in protective custody under subsection (a)(2)(E), in any other alternative unit under subsection (a)(2)(E), and in any alternative unit under subsection (a)(2)(G) of less than 7 days, between 8 days and 15 days, between 16 days and 30 days, between 31 days and 45 days, between 46 days and 60 days, and for longer than 60 days, with a listing of the length of time of each person who had reached a period of time during the preceding quarter that exceeded a total of 60 days in such confinement or housing.

(c) Private cause of action

(1) In general

(A) Civil action for injury

Any person who is injured by a violation of subsection (a) may bring a civil action in the appropriate United States district court against any person, entity, or any other relevant party who violated such subsection for declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place if that facility, building, or unit is in repeated and systemic noncompliance with this section, and for such money damages as the court determines appropriate, including for emotional pain and suffering.

(B) Additional awards

In an action filed under subparagraph (A), the court may, in addition to any other relief awarded under that subparagraph, award reasonable attorney’s fees and costs of the action to a prevailing plaintiff.

(2) No liability for certain lockdowns

(A) In general

No Federal agency shall be liable for a Federal agency-wide, facility-wide, or partial facility-wide lockdown that exceeded the 4-hour limit under subsection (a)(2)(B)(iv) if the agency can demonstrate that—

(i)

the lockdown, and the length of the time of the lockdown, was necessary to address unexpected, extraordinary circumstances involving the detonation of an explosive device, an acute mass contamination or contagion situation, a violent riot, revolt, or insurrection involving a large number of people that resulted in the taking of a hostage, major property damage, or serious physical harm to a person, or other similar emergency of the same magnitude involving a large group of people;

(ii)

the head of facility who authorized the lockdown complied with all notification requirements, and received approval from the agency regional or field office, or equivalent office responsible for oversight of the facility, at the time the lockdown lasted longer than 4 hours;

(iii)

the head of the applicable Federal agency approved of the lockdown if the lockdown exceeded 8 hours and the approval occurred at that time;

(iv)

the lockdown was ended as quickly as possible, did not last longer than necessary to address the unexpected, extraordinary circumstances, and did not exceed 24 hours; and

(v)

the lockdown was not used as a substitute for medical isolation or quarantine nor individual lock-ins pursuant to subsections (a)(2)(B)(iii) and (a)(2)(B)(iv), nor as a way to circumvent the time limits or protections for people held under those subsections.

(B) Civil action for constitutional violation

(i) In general

Any person who is injured by a violation of the Constitution of the United States by a Federal official or person contracting with a Federal agency in a Federal facility may bring a civil action in the appropriate United States district court against any person, entity, or relevant party who violated such constitutional provision for declaratory and injunctive relief, including directing the closure of the facility, building, or unit where the violation took place, and for such money damages as the court determines appropriate, including for emotional pain and suffering.

(ii) Additional awards

In an action filed under subparagraph (A), the court may, in addition to any other relief awarded under that subparagraph, award reasonable attorney’s fees and costs of the action to a prevailing plaintiff.

(b) Clerical amendment

The table of contents for chapter 301 of title 18, United States Code, is amended by inserting after the item relating to section 4014 the following:

(a) Community monitoring body

(b) Inspector General

(a) In general

Chapter 301 of title 18, United States Code, as amended by sections 3 and 4 of this Act, is further amended by inserting after section 4016, as added by section 4 of this Act, the following:

4017. Creating State incentives to end solitary confinement

(a) In general

Each State or local entity that receives any Federal funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly known as the Edward Byrne Memorial Justice Assistance Grant Program) shall annually certify to the Attorney General with comprehensive documentation that the State or local entity has in effect (or shall have in effect, not later than 180 days after the date of enactment of this section) laws, policies, and programs that substantially comply with section 4015 to fully and meaningfully end solitary confinement and ensure all people in the prisons, jails, and detention centers of the State or locality have access to not less than 14 hours of out-of-cell congregate interaction in a shared space, without physical barriers, that is conducive to meaningful group interaction.

(b) Penalty

Beginning in the first fiscal year that begins after the date of enactment of this section, in the case of a State or local entity that is not in substantial compliance with section 4015, or an amendment made by the End Solitary Confinement Act, the Attorney General shall reduce by not less than 10 percent the total amount that such State or unit of local government would otherwise receive under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly known as the Edward Byrne Memorial Justice Assistance Grant Program), except that funding for public defenders, community-based mental health care, community-based drug treatment, community-based violence interruption, and other similar community-based non-carceral and non-policing services shall be exempted from any reductions.

(b) Clerical amendment

The table of contents for chapter 301 of title 18, United States Code, as amended by sections 3 and 4 of this Act, is amended by inserting after the item relating to section 4016, as added by section 4 of this Act, the following:

(a) In general

Chapter 301 of title 18, United States Code, as amended by sections 3, 4, and 5 of this Act, is further amended by inserting after section 4017, as added by section 5 of this Act, the following:

4018. Certain definitions.

In sections 4015, 4016, and 4017:

(1) Acute psychiatric crisis

The term acute psychiatric crisis means a psychiatric emergency that involves a sudden onset of psychotic symptoms, such as hallucinations, delusions, suicidal ideation, or extreme panic.

(2) Alternative unit

The term alternative unit means any unit that is separate from the general facility population or is in any way more restrictive than the general facility population in terms of access to programming, services, or other aspects of daily life.

(3) Attempting

(A) In general

The term attempting means having the intent to carry out a particular act and completing significant steps in the advancement of the attempt.

(B) Withdrawal or abandonment

Evidence of withdrawal or abandonment of a plan to carry out a particular act shall negate a finding of intent.

(4) Community monitoring body

The term community monitoring body means the community monitoring body established under section 4016(a).

(5) Federal agency

The term Federal agency means—

(A)

the Federal Bureau of Prisons;

(B)

U.S. Immigration and Customs Enforcement;

(C)

the Department of Homeland Security;

(D)

U.S. Customs and Border Protection;

(E)

the Office of Refugee Resettlement;

(F)

the United States Marshals Service;

(G)

the Department of Health and Human Services;

(H)

any other Federal agency that has persons in its care or custody; and

(I)

any Federal, State, local, or private entity that has contracted with any of the entities listed in subparagraphs (A) through (H) or with any other Federal agency for holding or providing services to people in their care or custody.

(6) Federal facility

The term Federal facility means—

(A)

a Federal Bureau of Prisons facility;

(B)

a U.S. Immigration and Customs Enforcement facility;

(C)

a Department of Homeland Security facility;

(D)

a U.S. Customs and Border Protection facility;

(E)

an Office of Refugee Resettlement facility;

(F)

a United States Marshals Service facility;

(G)

a Department of Health and Human Services facility;

(H)

any other facility operated by a Federal agency that has persons in its care or custody; and

(I)

any Federal, State, local, or private facility that has contracted with any Federal agency for incarcerating people in their care or custody or providing services to incarcerated people in their care or custody.

(7) Health care staff

The term health care staff means individuals who are employed, contracted, or volunteer to provide medical, mental, and behavioral health care services at a Federal facility.

(8) Incarcerated

The term incarcerated means being held in a Federal facility for any reason.

(9) Mental health need

The term mental health need means having any current mental health diagnosis by any medical or mental health professional, or having had any such mental health diagnosis during the previous 2 years.

(10) Multidisciplinary team

The term multidisciplinary team—

(A)

means a group of staff or other people working or operating in a Federal facility who have different professional backgrounds and roles in the facility; and

(B)

includes program and health care staff.

(11) Placement hearing

The term placement hearing means an administrative hearing to determine whether a person may be placed in an alternative unit in a Federal facility.

(12) Protective custody

The term protective custody means any housing of a person for their own protection.

(13) Representative of the news media

The term representative of the news media means any individual or entity that—

(A)

gathers information of potential interest to a segment of the public;

(B)

uses its editorial skills to turn the raw materials into a distinct work; and

(C)

distributes that work to an audience.

(14) Solitary confinement

The term solitary confinement means being confined in a cell or other space without access to meaningful group interaction in a shared space.

(15) Special administrative measures

The term special administrative measures means the special administrative measures under section 501.3 of title 28, Code of Federal Regulations, or any successor thereto.

(16) Supervisory medical provider

The term supervisory medical provider means a practicing doctor, nurse practitioner, or physician assistant who has supervisory responsibilities over other medical staff in a Federal facility.

(b) Clerical amendment

The table of contents for chapter 301 of title 18, United States Code, as amended by sections 3, 4, and 5 of this Act, is amended by inserting after the item relating to section 4017, as added by section 5 of this Act, the following:

(1)

incorporate the requirements of this Act and the amendments made by this Act into the relevant standards and procedures governing confinement; and

(2)

monitor compliance with the requirements of this Act and the amendments made by this Act.

(a) In general

Congress shall appropriate such sums as may be necessary to implement the provisions of this Act.

(b) Limitations

No sums appropriated to carry out the provisions of this Act may be used for any—