End Solitary Confinement Act
Summary
The "End Solitary Confinement Act" aims to significantly restrict the use of solitary confinement in federal facilities and entities contracting with federal agencies. It establishes minimum standards for out-of-cell time and meaningful human engagement for incarcerated individuals. The bill also mandates oversight through a community monitoring body and incentivizes states to adopt similar policies.
Expected Effects
The act would likely lead to a reduction in the use of solitary confinement, increased out-of-cell time for inmates, and enhanced oversight of federal facilities. It could also result in changes to state and local correctional practices due to federal funding incentives. The act also creates a private right of action for those injured by violations of the act.
Potential Benefits
- Reduced psychological and physical harm to incarcerated individuals.
- Increased opportunities for rehabilitation and reentry into society.
- Improved safety for both incarcerated people and correctional staff through de-escalation and engagement.
- Potential cost savings for taxpayers through the elimination of solitary confinement.
- Greater transparency and accountability in federal correctional facilities.
Potential Disadvantages
- Potential challenges in managing disruptive or violent inmates without solitary confinement.
- Increased costs associated with providing additional programming and staff for out-of-cell activities.
- Possible legal challenges related to the implementation and interpretation of the act.
- Concerns from correctional officers about their safety and ability to maintain order.
- Potential for unintended consequences or loopholes in the regulations.
Most Disadvantaged Areas:
Constitutional Alignment
The act aligns with the Eighth Amendment's prohibition against cruel and unusual punishment, as solitary confinement has been argued to constitute such punishment. The due process requirements outlined in the act also align with the Fifth and Fourteenth Amendments, ensuring fair treatment for incarcerated individuals. The creation of a community monitoring body could be seen as promoting transparency and accountability, aligning with principles of good governance.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).