Title 18, Crimes and Criminal ProcedureRelease 119-110

§5043 Juvenile Solitary Confinement

Title 18 › PART IV — CORRECTION OF YOUTHFUL OFFENDERS › CHAPTER 403 — JUVENILE DELINQUENCY › § 5043

Last updated Sep 22, 2026|Official source

Summary

Bans putting a young person alone in a room at federal juvenile facilities except for a short time when the youth is an immediate danger to themselves or others. Covered juvenile — a young person in a federal juvenile case or a youth being tried as an adult in federal court. Juvenile facility — any place where those youths are held or committed. Room confinement — locking a youth alone in a cell, room, or area. Staff must first try less harsh ways to calm the youth, like talking to de-escalate and letting a mental health worker speak with them. If staff still put the youth alone, they must tell the youth why and when they will be let out. The youth must be released as soon as they stop being an immediate danger. If the danger is to others, the max time alone is 3 hours. If the danger is only to the youth themself, the max time is 30 minutes. If the youth is still a danger after those limits, the facility must move them to a place that can help without using alone time or get them to a place that can meet their needs. Staff cannot use repeated short confinements to get around these rules.

Full Legal Text

Title 18, §5043

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Definitions.—

In this section

(1)

(2)the term “juvenile facility” means any facility where covered juveniles are—

(A)committed pursuant to an adjudication of delinquency under this chapter; or

(B)detained prior to disposition or conviction; and

(3)the term “room confinement” means the involuntary placement of a covered juvenile alone in a cell, room, or other area for any reason.

(b)Prohibition on Room Confinement in Juvenile Facilities.—

(1)In general.—

The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile’s behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile, is prohibited.

(2)Juveniles posing risk of harm.—

(A)Requirement to use least restrictive techniques.—

(i)In general.—

Before a staff member of a juvenile facility places a covered juvenile in room confinement, the staff member shall attempt to use less restrictive techniques, including—

(I)talking with the covered juvenile in an attempt to de-escalate the situation; and

(II)permitting a qualified mental health professional to talk to the covered juvenile.

(ii)Explanation.—

If, after attempting to use less restrictive techniques as required under clause (i), a staff member of a juvenile facility decides to place a covered juvenile in room confinement, the staff member shall first—

(I)explain to the covered juvenile the reasons for the room confinement; and

(II)inform the covered juvenile that release from room confinement will occur—

(aa)immediately when the covered juvenile regains self-control, as described in subparagraph (B)(i); or

(bb)not later than after the expiration of the time period described in subclause (I) or (II) of subparagraph (B)(ii), as applicable.

(B)Maximum period of confinement.—

If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released—

(i)immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others; or

(ii)if a covered juvenile does not sufficiently gain control as described in clause (i), not later than—

(I)3 hours after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others; or

(II)30 minutes after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself.

(C)Risk of harm after maximum period of confinement.—

If, after the applicable maximum period of confinement under subclause (I) or (II) of subparagraph (B)(ii) has expired, a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause—

(i)the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement; or

(ii)if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile.

(D)Spirit and purpose.—

The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited.

Reference

Citations & Metadata

Citation

18 U.S.C. § 5043

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110