A group of House Democrats introduced a bill Thursday seeking to end the use of solitary confinement, an internationally recognized form of torture, in federal prisons, jails and detention centers.
The End Solitary Confinement Act would ban people incarcerated in federal custody from being left in solitary confinement with several limited exceptions, including at night to sleep (for a maximum of eight hours a day), for medical quarantine (with access to phone, email and facility programs), and to deescalate an emergency situation (for a maximum of four hours a day and 12 hours a week).
These defined exceptions are notable because policies that only restrict the use of disciplinary solitary confinement allow unfettered use of other forms of the practice under a different name. People held in medical isolation, for example, told HuffPost that their conditions were often indistinguishable from disciplinary solitary confinement.
The bill would require every person in federal custody to be allowed out of their cell for at least 14 hours a day, including for seven hours of rehabilitative programming. It allows a person accused of posing a significant threat to others to be temporarily separated from a facility’s general population — but provides the person with access to representation and a neutral decision-maker for placement hearings.
The scenario envisioned by the bill is dramatically different from the current reality inside U.S. facilities. At least 122,840 people are locked in solitary confinement in U.S. prisons and jails for 22 or more hours a day, according to a report by the watchdog group Solitary Watch. This figure, which represents about 6% of people in prisons and jails, is almost certainly an undercount, as it is based on self-reported data from corrections departments. It also does not include people who are held in solitary for less than 22 hours a day, people who are in conditions that amount to solitary confinement by another name, or people held in immigrant or juvenile facilities, the report noted.
The United Nations considers solitary confinement of 22 hours or more per day for more than 15 days to be a form of torture. There is extensive research showing how even a short stint in solitary confinement can lead to long-term physical and psychological harm, including insomnia, fatigue, migraines, anxiety, depression, paranoia, psychosis, post-traumatic stress disorder, self-harm and suicide.
“Solitary confinement is a moral catastrophe,” said Rep. Cori Bush (D-Mo.), who introduced the bill along with Reps. Jamaal Bowman (D-N.Y.), Adriano Espaillat (D-N.Y.), Sydney Kamlager-Dove (D-Calif.), Rashida Tlaib (D-Mich.) and Bonnie Watson Coleman (D-N.J.).
“This practice is traumatic for people subjected to it, harmful to communities, and isolating for loved ones,” Bush continued. “Moreover, it is disproportionately inflicted on Black and brown folks, young people, LGBTQ+ people, and other marginalized communities.”
Although the bill’s restrictions on solitary confinement would only apply to those in federal custody, it would decrease certain federal funds to states or local entities that do not implement their own bans.
Last year, a group of Senate Democrats introduced a significantly more modest solitary confinement reform bill, which failed to advance. Over the past 15 years, several states have passed bills to limit the use of solitary confinement or end it altogether for children and vulnerable groups.
The more comprehensive bill introduced by Bush and her colleagues aligns with President Joe Biden’s stated policy, if not the administration’s actual practice. Before taking office, Biden promised federal prison reforms, including “ending the practice of solitary confinement, with very limited exceptions.” In May 2022, he signed an executive order stating it was his administration’s policy to ensure that incarcerated people “are free from prolonged segregation.”
Despite these statements, by September 2022, the number of people held in solitary confinement in federal prisons climbed 11% from the early days of the Biden administration, NBC News reported. The White House did not immediately respond to a request for comment on whether it supports the bill introduced Thursday.
The End Solitary Confinement Act is endorsed by the Federal Anti-Solitary Taskforce and nearly 150 other organizations.
“As someone who has personally endured the torment of solitary confinement, I can attest to the devastating toll it takes on one’s mental and emotional well-being,” Johnny Perez, the director of the U.S. Prisons Program at the National Religious Campaign Against Torture, said in a statement. Perez was placed in solitary confinement in New York’s infamous Rikers Island jail complex when he was 16 years old.
“I implore Congress to swiftly pass this critical legislation, for it is not only a matter of justice, but a matter of preserving human dignity and restoring hope for those who have been silenced and isolated for far too long across the United States,” Perez said.
If you or someone you know needs help, call or text 988 or chat 988lifeline.org for mental health support. Additionally, you can find local mental health and crisis resources at dontcallthepolice.com. Outside of the U.S., please visit the International Association for Suicide Prevention.