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119-s-2477119th Congress

End Solitary Confinement Act

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Ending solitary confinement would sharply limit isolation in federal custody and set national minimum standards for out-of-cell time, programming, medical care, reporting, and oversight. The bill creates clear rules about when confinement is allowed and who is protected.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Limits on federal solitary confinement

If enacted, people in federal custody would generally get at least 14 hours out of their cell each day. That must include at least 7 hours of structured group programming and at least 1 hour of group recreation daily. Short solitary placements would be allowed only in narrow cases and have strict time caps: night up to 8 hours, daytime up to 2 hours, and usual emergency or lockdown placements generally no more than 4 hours (4 hours per 24-hour, 12 hours per 7-day), with limited extraordinary exceptions. The bill would bar involuntary solitary for people 25 or younger, people 55 or older, people with disabilities, people with recent mental health diagnoses, pregnant or recently postpartum people, and people perceived as LGBTIQ+. Alternative-unit placement would be limited to 60 days per 6-month period except for protective custody. The bill would also require placement hearings, prompt written findings, medical checks, and tight limits on restraints.

New legal remedies for solitary harms

If enacted, anyone harmed by a violation of the Act could sue in federal court. A court could order fixes, close facilities for repeated violations, and award money for emotional pain. Prisoners could also bring claims for mental or emotional injury without proving physical injury when the claim involves a sexual act or a solitary/alternative-unit placement. Prevailing plaintiffs could recover reasonable attorney fees and costs.

Byrne grant cuts for noncompliant states

If enacted, states and localities that get Byrne/JAG grants must certify within 180 days that their laws and policies meet the Act’s standards, including 14 hours per day out-of-cell group time. The Attorney General would cut at least 10% of a noncompliant jurisdiction’s Byrne/JAG funding starting the first fiscal year after enactment. Certain funding for public defenders and community-based non-carceral services would be exempt from cuts.

Independent monitors and public access

If enacted, the Attorney General would create a community monitoring body within 90 days with at least 15 members, including people with lived experience. The body would get unannounced access, timely non‑classified records, and confidential interviews with consent. The Inspector General would form an advisory group and publish annual public reports on implementation. Within 90 days, reporters, public defenders, and elected officials would also have unannounced access and be able to interview people in custody with consent.

Agency duties and construction limits

If enacted, each Federal agency named in the Act would have 60 days to add the Act’s rules into its custody standards and to monitor compliance. Congress could appropriate funds to implement the Act, but money used to carry out the Act could not pay to build or renovate places where people are incarcerated. The ban also covers buying or installing devices that restrict movement and applies to agencies like the Bureau of Prisons, DHS, U.S. Marshals Service, and HHS.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 7/28/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 7/28/2025

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 7/28/2025

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 7/28/2025

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 7/13/2026

Roll Call Votes

No roll call votes available for this bill.

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