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Democratic-aligned senators introduced legislation Tuesday that would largely ban the use of solitary confinement in federal institutions and give states and local jurisdictions incentives to do the same.
The End Solitary Confinement Act, a companion to a bill that over a dozen House Democrats introduced in July, would also prevent inmates and detainees from being segregated alone for more than four hours to de-escalate emergency situations and, even then, require staff members to meet with them at least once an hour.
And, similar to the House bill, incarcerated people would also be entitled to at least 14 hours of daily time out of their cells, including access to seven hours of programming meant to address topics such as mental health, substance abuse and violence prevention.
The Senate legislation is being introduced by Elizabeth Warren and Ed Markey, both D-Mass.; Bernie Sanders, I-Vt.; and Peter Welch, D-Vt.
“Being forced into a small, concrete cell without windows for hours, days, weeks, and even months on end isn’t rehabilitation, it’s cruelty,” Markey said in a statement. “Solitary confinement is unjust and inhumane torture that disproportionately targets our nation’s most vulnerable groups.”
Roughly 122,000 people in federal and state adult prisons and federal and local jails are placed in restrictive housing — informally known as solitary confinement — for 22 hours or more on a given day, according to a nonprofit watchdog report based on government data.
A bill Senate Democrats introduced last year sought to reduce the use of solitary confinement by the Federal Bureau of Prisons, but these bills would go further not only by capping the hours inmates can spend isolated, but also by mandating that the federal government regularly report the number of incidents of self-harm and suicide at federal facilities, as well as the use of solitary confinement and demographic breakdowns of those confined during emergency de-escalation situations.