A group of House Democrats has introduced a bill with the aim of ending the use of solitary confinement, which is recognized internationally as a form of torture, in federal prisons, jails, and detention centers. The End Solitary Confinement Act would prohibit individuals incarcerated in federal custody from being placed in solitary confinement, with a few exceptions. These exceptions include allowing individuals to sleep at night for a maximum of eight hours, providing access to phone, email, and facility programs during medical quarantine, and allowing up to four hours a day and 12 hours a week for deescalating emergency situations. The bill also mandates that every person in federal custody be allowed out of their cell for at least 14 hours a day, including seven hours of rehabilitative programming. It permits temporary separation of individuals who pose a significant threat to others, but ensures access to representation and a neutral decision-maker for placement hearings.
The current reality in U.S. facilities differs significantly from the scenario proposed by the bill. According to a report by Solitary Watch, at least 122,840 people are currently in solitary confinement in U.S. prisons and jails for 22 or more hours per day. However, this number is likely an undercount as it is based on self-reported data and does not include those in conditions similar to solitary confinement under a different name or individuals held in immigrant or juvenile facilities. The United Nations considers solitary confinement of 22 hours or more per day for more than 15 days to be a form of torture. Research has shown that even short periods of solitary confinement can result in long-term physical and psychological harm such as insomnia, fatigue, migraines, anxiety, depression, paranoia, psychosis, post-traumatic stress disorder, self-harm, and suicide.
The bill is endorsed by the Federal Anti-Solitary Taskforce and nearly 150 other organizations. It aligns with President Joe Biden’s stated policy of ending the practice of solitary confinement with limited exceptions. However, despite these statements, the number of people held in solitary confinement in federal prisons increased by 11% by September 2022. The bill would also reduce certain federal funds to states or local entities that do not implement their own bans on solitary confinement.
Bill to End Solitary Confinement Introduced by House Democrats
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