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S. 3409

BillFederalSenateIn Committee
To end the use of solitary confinement and other forms of restrictive housing in all Federal agencies and entities with which Federal agencies contract.
About This Bill
Committee
Latest Action · December 5, 2023
Read twice and referred to the Committee on the Judiciary.
Congress
118th (2023–2025)
Introduced
December 5, 2023
Cosponsors (5)
4D 0R
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Summary

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# Summary of S. 3409, End Solitary Confinement Act This bill would prohibit the use of solitary confinement in all federal facilities and facilities operated under contract with federal agencies. The legislation would require all incarcerated people in federal facilities to have at least 14 hours per day of out-of-cell time in shared spaces, including at least 7 hours of structured programming. Solitary confinement would only be permitted in narrowly defined emergency situations, and even then would be strictly time-limited, with comprehensive medical and behavioral health safeguards. The bill specifically prohibits solitary confinement for people under 25, over 55, pregnant individuals, those with disabilities or mental health conditions, and LGBTQ+ individuals. The legislation establishes strict due process requirements for any alternative housing placements, including independent hearings with legal representation, detailed written findings, and regular review periods. It creates a community monitoring body—composed primarily of formerly incarcerated people and advocates—with unannounced access to all federal facilities and authority to make binding recommendations. The bill would also withhold at least 10 percent of federal crime grant funding from states and local jurisdictions that fail to comply with similar solitary confinement restrictions within 180 days. The act takes effect 60 days after enactment and includes no specific appropriations beyond establishing the oversight body.

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