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 through federal funding mechanisms.
Expected Effects
This act would likely lead to a substantial decrease in the use of solitary confinement in federal prisons and detention centers. It would also increase the amount of time incarcerated individuals spend in congregate settings. The establishment of a community monitoring body would provide increased oversight and accountability.
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 strategies.
- Potential cost savings from reduced healthcare expenses and litigation related to solitary confinement.
- Enhanced transparency and accountability in correctional facilities.
Potential Disadvantages
- Potential challenges in managing disruptive or violent incarcerated individuals without the option of solitary confinement.
- Increased costs associated with implementing alternative housing and programming options.
- Possible resistance from correctional staff and unions concerned about safety and security.
- Risk of unintended consequences, such as increased violence or unrest within facilities.
- Logistical difficulties in providing 14 hours of out-of-cell congregate interaction for all incarcerated individuals.
Constitutional Alignment
The bill aligns with the Eighth Amendment's prohibition against cruel and unusual punishment, as solitary confinement has been argued to constitute such punishment. The Fifth and Fourteenth Amendments' due process clauses are also relevant, as the bill establishes procedural safeguards for placement in alternative units. The creation of a community monitoring body could be seen as an exercise of Congress's power to oversee and regulate federal agencies, as granted by Article I, Section 8.
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).