Senators Coons, Durbin introduce bill to limit use of solitary confinement

WASHINGTON - U.S. Senators Chris Coons (D-Del.) and Dick Durbin (D-Ill.) introduced legislation to reduce the Federal Bureau of Prisons' (BOP) and the U.S. Marshals Service's use of solitary confinement and improve conditions for adults in custody separated from the general prison population.

The Solitary Confinement Reform Act limits the use of solitary confinement in certain prison facilities to the shortest term and the least restrictive conditions possible, improves access to mental health services for adult BOP prisoners in solitary confinement, and provides resources to state and local jurisdictions to assist them in reforming their own confinement practices. The bill also protects adult inmates' civil rights through the creation of a Civil Rights Ombudsman position and bans the practice of placing LGBTQ inmates in solitary confinement as a means of protection.

"Solitary confinement doesn't achieve its stated goals of improving safety in prisons or reducing recidivism among prison populations," said Senator Coons. "Instead, it can cause lasting psychological damage in incarcerated individuals. There are more effective, humane practices that maintain the safety and security of correctional officers, prison staff, and people behind bars. I'm glad to join with Chair Durbin in this effort to move us closer to a criminal justice system that focuses on rehabilitation and justice at its core."

"The goal of our criminal justice system should be to rehabilitate offenders and prepare them for successful reentry into our society," said Senator Durbin. "We have had some success - like the landmark First Step Act - but the continued overuse of solitary confinement undermines this objective, causing psychological harm that is difficult, if not impossible, to undo. I've had the opportunity to hear directly from men like Anthony Graves, who spent 16 years in solitary confinement for a crime he didn't commit, about the devastating toll of isolation. That's why I'm certain of the need to restrict and reform the use of solitary confinement in the United States."

According to a report by the Government Accountability Office - requested by Senators Coons, Durbin, and others - as of October 2023, the BOP has not fully implemented 54 of the 87 recommendations from the two prior studies on improving restrictive housing practices.

Following the independent assessment in 2015, the U.S. Department of Justice undertook a review of BOP's use of solitary confinement. In January 2016, President Barack Obama announced that he had accepted a number of DOJ's recommendations to reform and reduce the practice of solitary confinement in the federal prison system, including implementing the ban on juvenile solitary confinement. The Federal Bureau of Prisons began implementing these changes and, until the Trump administration, the numbers continued trending downward. While this previous decline was encouraging, there was still a need for further reform measures. Senators Durbin and Coons first introduced the Solitary Confinement Reform Act in 2016 to codify and build upon DOJ's recommendations.

In addition to Senators Coons and Durbin, this legislation is also cosponsored by U.S. Senator Brian Schatz (D-Hawaii).

Senator Coons is a member of the Senate Judiciary Committee and Co-Chair of the Senate Law Enforcement Caucus. Senator Durbin is Chair of the Senate Judiciary Committee.