This Act bans most solitary confinement in federal facilities, mandates a minimum of 14 hours of daily congregate time for all incarcerated individuals, and establishes rigorous oversight and incentives for states to adopt similar standards.
Edward "Ed" Markey
Senator
MA
The End Solitary Confinement Act aims to drastically limit the use of solitary confinement in federal facilities, mandating a minimum of 14 hours of daily social interaction and structured programming for all incarcerated individuals. The bill establishes strict exceptions for emergency confinement, protects vulnerable populations from restrictive housing, and creates an independent Community Monitoring Body to oversee compliance. Furthermore, it incentivizes states to adopt similar standards by tying federal funding to adherence to these new humane confinement rules.
This new legislation, the End Solitary Confinement Act, is a major overhaul of how federal prisons and detention centers operate. In the simplest terms, it bans solitary confinement for almost everyone and mandates that every single person incarcerated in a federal facility—whether they’re in a Bureau of Prisons facility or an ICE detention center—must have at least 14 hours per day out of their cell for social interaction and programming. This isn't just about a time-out; it’s about requiring 7 hours of structured activities like job training or mental health services, plus group recreation and meals, all in a shared space without physical barriers.
For anyone currently in the federal system, this is a game-changer. The bill sets strict limits on when you can be locked down: 8 hours for sleeping and count, and only 2 hours maximum in a 24-hour period for necessary facility business. That’s it. If a facility tries to use emergency confinement—the kind where someone is an immediate risk of serious physical injury—that confinement can’t last more than 4 hours in a day. Staff are required to check in hourly during those short emergency lockups to de-escalate the situation, and health care staff must conduct checks every 15 minutes. This shifts the entire focus from punishment and isolation to programming and interaction, which is a massive operational lift for facilities accustomed to long lockups.
The bill is crystal clear about who absolutely cannot be placed in involuntary emergency confinement: anyone 25 or younger, 55 or older, people with disabilities, those with diagnosed mental health needs, pregnant women, and the LGBTQ+ community. If someone in these protected groups needs to be separated from the general population, they must be housed in an “alternative unit” that still provides the full 14 hours of daily congregate time. This recognizes that isolation is disproportionately harmful to vulnerable groups, and it forces facilities to find non-isolating solutions for people who need separation, like those seeking protective custody.
This law doesn't just pass the buck; it creates serious, independent oversight. It establishes a Community Monitoring Body made up primarily of survivors of solitary confinement, advocates, and medical professionals. This body has the power to make unannounced visits to any federal facility, access all non-classified data, and interview staff and incarcerated people privately and confidentially. Think of them as the independent auditors with teeth. Furthermore, the law removes a major hurdle for justice: it eliminates the requirement that incarcerated individuals must suffer a physical injury to sue in federal court for mental or emotional harm. If the new rules are violated and someone suffers emotional distress, they can now sue for damages and injunctions, making accountability much more direct.
The reach of this bill extends beyond federal walls. It uses the power of the purse to push state and local governments toward reform. If a state receives federal funding through the Safe Streets Act, they must prove annually that their jails and prisons adhere to the 14-hour daily social time standard, or they risk losing at least 10% of that funding. This is a significant incentive for change across the country. Crucially, the bill restricts how funds appropriated for this Act can be spent, explicitly blocking them from being used for the construction or renovation of any facility that locks people up, or for installing any device that restricts movement. The message is clear: the money is for reform, not for building more cages.