Chicago Criminal Defense Lawyer Matthew Chivari examines the End Solitary Confinement Act. Far too often, we at Leonard Trial Lawyers have represented criminal defendants who have been subjected to solitary confinement. To say the say least, it is a brutal form of confinement. We hope that, by way of public pressure, outreach, and support the End Solitary Confinement Act will one day soon be passed by Congress.
Here is a summary of the Act in a nutshell:
The Act starts with, and is based upon, the proposition that “solitary confinement is a form of torture.” Despite that fact, more than 11,000 detainees are held in such conditions, each and every day, just in the federal prisons – BOP. Moreover, the United States unfortunately is a leader (and an outlier) in imposing this form of custodial confinement.
Accordingly, the Act would essentially end the use of solitary confinement in the federal prison and jail system, with certain exceptions. The Act would, among other things:
● limit solitary confinement, with exceptions at night for count or sleep; during the day for count or other required business; for medical quarantine or isolation; for de-escalation; and for part of necessary lockdown.
● with regard to confinement for emergency de-escalation, facility staff would be mandated to meet
with the detainee at least once an hour.
● require detainees to be given access to at least 14 hours of daily meaningful group out-of-cell time, including at least 7 hours of daily group programming.
● require access to programming.
● prohibit a detainee from being placed in an alternative unit without certain procedures first taking place. ● prohibit a detainee from being placed in restraints, except in certain limited circumstances.
● create oversight and enforcement mechanisms.
● mandate public reporting with respect to detainee self-harm and suicide.
● establish a community monitoring body.
● provide private rights of action.
● decrease the allocation of federal funds to State or local entities that do not implement
similar bans on solitary confinement.
This Act is incredibly important, and would help bring Federal (and State) prisons and jails out of the dark ages and into the mainstream among nations with regard to the manner that individuals are detained.
Matthew Chivari
Leonard Trial Lawyers
January 18, 2025