End Solitary Confinement Act
- Bill Number
- H.R. 4682
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-01T21:46:42Z
AI-Generated Summary
Purpose
The End Solitary Confinement Act aims to prohibit the use of solitary confinement—defined as confinement in a cell without meaningful group interaction—and other forms of restrictive housing in all federal facilities and those contracted by federal agencies. It establishes minimum standards for out-of-cell time and human engagement to promote safety, well-being, and rehabilitation, while addressing the documented harms of solitary confinement, such as mental health deterioration, increased violence, and disproportionate impacts on marginalized groups.
Key Provisions
- Prohibition on Solitary Confinement: Bans placement in solitary confinement except in narrow cases, such as nighttime sleep (up to 8 hours), brief facility counts or business (up to 2 hours daily), emergencies (up to 4 hours per incident, 4 hours daily, or 12 hours weekly as a last resort), or facility-wide lockdowns (up to 4 hours, with hourly reviews and strict justification).
- Minimum Standards for Out-of-Cell Time: Requires at least 14 hours daily of congregate interaction in shared spaces without barriers, including 7 hours of structured programming (e.g., education, mental health treatment, recreation), 1 hour of recreation, and access to meals, visits, calls, and commissary.
- Protections for Vulnerable Groups: Prohibits involuntary solitary for people under 25 or over 55, those with disabilities (as defined under the Americans with Disabilities Act, meaning physical or mental impairments limiting major life activities), mental health needs, pregnancy/postpartum status, or LGBTQ+ identities. Mandates health assessments and de-escalation efforts.
- Alternative Housing and Due Process: For separations from general population (e.g., protective custody), requires trauma-informed programming, regular multidisciplinary reviews (every 15 days), and hearings with neutral decision-makers, clear evidence standards, representation rights, and written notices. Limits stays in alternative units to 60 days per 6 months.
- Restraints and Special Measures: Restricts use of physical restraints to immediate risks of harm (up to 4 hours, with medical review), bans repeated use without hearings, and eliminates "special administrative measures" (heightened restrictions on high-risk inmates).
- Medical Separations: Allows limited isolation for medical reasons (e.g., quarantine, psychiatric crisis) only in least restrictive settings, with daily reviews by health professionals and options for community hospital transfer.
- Reporting and Enforcement: Federal agencies must quarterly report incidents of self-harm, suicides, and confinement durations, disaggregated by demographics. Creates a private right of action for violations, allowing lawsuits for injunctive relief (including facility closures for systemic issues), damages, and attorney fees. Amends the Prison Litigation Reform Act (PLRA) to permit suits for mental/emotional injury from solitary without proving physical harm.
- Oversight Mechanisms: Establishes an independent Community Monitoring Body (15+ members, including survivors and advocates) for unannounced visits, interviews, and recommendations. Enhances Inspector General oversight with an advisory body. Grants access to media, defenders, and officials for inspections.
- State Incentives: Requires states/localities receiving Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) funds to certify compliance with federal standards or face a 10% funding cut (exempting community-based services like mental health and violence interruption).
- Implementation: Agencies must update procedures within 60 days. Appropriations authorized, but funds cannot support new construction, renovations, or restrictive devices. Definitions provided for terms like "solitary confinement," "alternative unit" (more restrictive housing), and "federal facility" (includes prisons, immigration detention, and contractors).
Significant Changes to Existing Law
- Adds new sections (4015–4018) to Chapter 301 of Title 18, U.S. Code, creating federal bans and standards where none existed comprehensively.
- Amends the PLRA (42 U.S.C. 1997e(e)) to remove barriers to mental health-based lawsuits by incarcerated people related to solitary confinement.
- Modifies Inspector General authorities under Title 5 to include solitary-specific annual reports and stakeholder advisory.
- Ties Byrne JAG funding (34 U.S.C. 10151 et seq.) to state compliance, introducing penalties for non-adherence.
- Prohibits special administrative measures (28 C.F.R. § 501.3), which previously allowed extended isolation for security threats.
Potential Impacts
- Government Agencies: Federal entities like the Bureau of Prisons (BOP), Immigration and Customs Enforcement (ICE), U.S. Marshals Service, and Department of Health and Human Services (HHS) must overhaul operations, increasing costs for programming and staffing but potentially saving billions long-term by reducing solitary's expenses and health crises. Quarterly reporting and oversight will add administrative burdens. States may lose grant funds, prompting policy reforms.
- Citizens: Incarcerated individuals (estimated 120,000+ daily in solitary nationwide) gain protections against harm, better access to rehabilitation, and legal recourse, potentially improving reentry success and reducing recidivism. Taxpayers could benefit from cost savings and safer communities via decreased violence. Vulnerable groups (e.g., people of color, LGBTQ+, youth) see targeted relief from disparities.
- International Relations: Aligns U.S. practices with global human rights standards (e.g., UN views on torture), potentially enhancing America's image among advanced democracies where solitary is rarer, though no direct foreign policy provisions.
Main Stakeholders Affected
- Incarcerated Persons: Primary beneficiaries, including federal prisoners, immigration detainees, and unaccompanied minors in HHS custody, protected from isolation's harms.
- Federal Agencies and Staff: BOP, ICE, Customs and Border Protection (CBP), HHS, and contractors must comply, affecting correctional officers (via de-escalation training) and health staff (increased assessments).
- Community and Advocacy Groups: Survivors, civil rights organizations, faith leaders, and mental health professionals serve on monitoring bodies and gain inspection access.
- States and Localities: Recipients of Byrne JAG funds face certification requirements, impacting prisons, jails, and detention centers.
- Legal and Media Representatives: Public defenders, journalists, and elected officials receive expanded facility access for oversight.
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces robust due process (e.g., neutral hearings, evidence standards) akin to criminal trials, expanding civil rights enforcement. Private actions could lead to more litigation against facilities, with remedies like closures for repeated violations. Severability clause ensures partial invalidity does not derail the act.
- Constitutional: Addresses 8th Amendment concerns (cruel and unusual punishment) by curbing practices deemed torturous, and supports equal protection by prohibiting discriminatory applications. Enhances access to courts under the PLRA amendment.
- Political: Signals a shift toward rehabilitative justice over punitive measures, rooted in findings on racism and inefficacy. Bipartisan potential via cost savings and safety gains, but may face resistance from law enforcement unions over operational changes. Encourages state-level reforms through funding leverage, influencing broader criminal justice policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Kamlager-Dove, Sydney [D-CA-37]
Cosponsors (24)
Rep. Espaillat, Adriano [D-NY-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Lee, Summer L. [D-PA-12], Rep. Balint, Becca [D-VT-At Large], Rep. Ramirez, Delia C. [D-IL-3], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Jackson, Jonathan L. [D-IL-1], Rep. McIver, LaMonica [D-NJ-10], Rep. Frost, Maxwell [D-FL-10], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Kelly, Robin L. [D-IL-2], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Pressley, Ayanna [D-MA-7], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Clarke, Yvette D. [D-NY-9], Rep. Simon, Lateefah [D-CA-12], Rep. McGarvey, Morgan [D-KY-3], Rep. Chu, Judy [D-CA-28], Rep. Meng, Grace [D-NY-6], Rep. Evans, Dwight [D-PA-3]
Recent Actions
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-07-23: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-07-23: Introduced in House
- 2025-07-23: Introduced in House
Bill Versions
- End Solitary Confinement Act — issued 2025-07-23 — PDF (63 pages)