What does Preamble of End Solitary Confinement Act do?

This bill, formally titled 'To end the use of solitary confinement and other forms of restrictive housing in all Federal agencies and entities with which Federal agencies contract,' aims to eliminate the use of solitary confinement and similar restrictive housing practices. The bill's scope extends to all Federal agencies and entities that contract with Federal agencies.

What does SHORT TITLE. of End Solitary Confinement Act do?

This bill is formally titled the End Solitary Confinement Act.

What does FINDINGS. of End Solitary Confinement Act do?

This section outlines findings related to the use of solitary confinement. It asserts that solitary confinement causes devastating harm and constitutes a form of torture. The text indicates that solitary confinement can lead to various negative health outcomes, including self-mutilation, suicide, and mental deterioration. Over 120,000 people are estimated to be in solitary confinement daily across various detention facilities. The use of solitary confinement disproportionately affects Black, Latinx, Native, and other people of color, as well as transgender individuals, people with mental health needs, and young people. Survivors of solitary confinement often experience lasting trauma and physical/psychological harm. The text states that solitary confinement has contributed to deaths and increased violence in correctional facilities. It suggests that solitary confinement is rooted in a system of racism and extreme punishment. The United States is identified as an outlier among advanced democracies in its use of solitary confinement. Evidence suggests that increased out-of-cell engagement improves safety, well-being, and reentry outcomes. The section notes that solitary confinement is expensive and its elimination could save taxpayers billions of dollars.

What does ENDING SOLITARY CONFINEMENT AND ESTABLISHING MINIMUM STANDARDS. of End Solitary Confinement Act do?

This section amends title 18, United States Code, to prohibit the placement of incarcerated individuals in solitary confinement except under specific circumstances. It establishes minimum standards for out-of-cell time, requiring at least 14 hours per day of congregate interaction, including structured programming, recreation, and other activities. Solitary confinement is permitted for nighttime counts, facility business, emergency situations, or during facility-wide lockdowns, but with strict time limits and de-escalation requirements. Certain individuals, including those under 25, over 55, with disabilities, mental health needs, or who are pregnant or identify as LGBTQ+, are prohibited from involuntary confinement. Federal facilities must collect and report data on placements in alternative housing units, disaggregated by various factors. Individuals injured by violations of these provisions may bring a civil action for relief and damages. Federal agencies are not liable for lockdowns exceeding 4 hours if they can demonstrate the necessity due to extraordinary circumstances and compliance with notification requirements.

What does OVERSIGHT. of End Solitary Confinement Act do?

This section establishes a community monitoring body to oversee conditions in federal facilities. The Attorney General, in consultation with other agencies, must establish this body within 90 days of enactment. The body will consist of at least 15 members, including individuals who have experienced solitary confinement or have had loved ones affected by it, as well as faith leaders, medical professionals, and civil rights advocates. Members will be appointed for terms of up to 10 years. The body has the authority to make unannounced visits to federal agencies and facilities and access non-classified data. Members can conduct in-person interviews with incarcerated persons and staff with consent, adhering to trauma-sensitive engagement protocols. The body can make recommendations to various government entities and publish its findings on a website. Federal agencies must report to the body on remedial action plans within 90 days of receiving recommendations.

What does CREATING STATE INCENTIVES TO END SOLITARY CONFINEMENT. of End Solitary Confinement Act do?

This section establishes incentives for states and local entities to end solitary confinement. States and local entities receiving funds under the Edward Byrne Memorial Justice Assistance Grant Program must annually certify compliance with section 4015. Certification requires laws, policies, and programs that substantially comply with section 4015 to end solitary confinement. Entities must ensure individuals in prisons, jails, and detention centers have at least 14 hours of out-of-cell congregate interaction. Non-compliance may result in a reduction of up to 10% of grant funding, excluding funds for public defenders, mental health care, drug treatment, violence interruption, and similar community-based services.

What does DEFINITIONS. of End Solitary Confinement Act do?

This section amends Chapter 301 of title 18, United States Code, by inserting a new section 4018 defining several terms related to incarcerated individuals and facilities. The definitions include terms such as 'acute psychiatric crisis,' 'alternative unit,' 'attempting,' 'community monitoring body,' and 'Federal facility.' The definition of 'Federal facility' encompasses facilities operated by various federal agencies and entities contracted to provide services. Other defined terms relate to healthcare staff, incarcerated individuals, mental health needs, multidisciplinary teams, placement hearings, protective custody, and solitary confinement. The term 'representative of the news media' is defined based on information gathering, editorial skills, and distribution to an audience.

What does REMOVAL OF LIMITATION ON RECOVERY ON CERTAIN SUITS BY of End Solitary Confinement Act do?

This section amends Section 7(e) of the Civil Rights of Institutionalized Persons Act. The amendment establishes a requirement for incarcerated individuals to demonstrate physical injury, a sexual act, or placement in solitary confinement before bringing a federal civil action for mental or emotional injury. Federal civil actions by prisoners for mental or emotional injury are restricted under this amendment.

What does REVISIONS TO STANDARD OPERATING PROCEDURES AND STANDARDS. of End Solitary Confinement Act do?

Federal agencies, as defined in section 4018 of title 18, United States Code, must incorporate the requirements of this Act and its amendments into their confinement standards and procedures. These agencies are also required to monitor compliance with the requirements of this Act and its amendments.

What does APPROPRIATIONS AND PROHIBITION ON USE OF FUNDS. of End Solitary Confinement Act do?

This section establishes that Congress shall appropriate funds necessary to implement the Act. Funds appropriated to carry out the Act cannot be used for building or facility appropriations for the Bureau of Prisons. Funds cannot be used for procurement, construction, and improvements for the Department of Homeland Security, including Immigration and Customs Enforcement and Customs and Border Protection. Funds are restricted from being used for construction appropriations for the United States Marshals Service. Funds are also restricted from being used for 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. Federal agencies are prohibited from constructing facilities where persons will be incarcerated. Federal agencies are also prohibited from constructing or renovating buildings or spaces within facilities where persons are or will be incarcerated. Federal agencies are prohibited from constructing, installing, or introducing weapons or objects restricting movement or creating restrictive environments.

Back to bills

End Solitary Confinement Act

Last updated: 7/28/2025 · Introduced: 7/28/2025

Author: Edward Markey (D-MA)

TL;DR (AI)

The bill prohibits the placement of incarcerated individuals in solitary confinement except under limited circumstances, such as nighttime counts or emergency situations, and establishes a minimum of 14 hours of daily congregate interaction.
It creates a community monitoring body composed of individuals with lived experience, advocates, and professionals to oversee conditions in federal facilities and make recommendations for improvement.
The bill incentivizes states and local entities to end solitary confinement by requiring compliance with its standards as a condition for receiving certain federal grant funding.
It defines key terms related to incarcerated individuals and facilities, including 'acute psychiatric crisis,' 'alternative unit,' and 'Federal facility,' to provide clarity for the Act's implementation.
The bill restricts federal funding for the construction of new facilities or renovations within existing facilities that would be used for incarceration.

119th Congressin committeeHR. 4682(In Committee)Official page

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