Ҥ 4015. Solitary confinement

“(a) In general.—Any placement of an inmate in solitary confinement shall comply with the following:

“(1) An inmate shall not be placed in solitary confinement unless there is reasonable cause to believe that—

“(A) the inmate would create a substantial risk of immediate serious harm to another, as evidenced by recent threats or conduct; and

“(B) a less restrictive intervention would be insufficient to reduce this risk.

The correctional facility shall bear the burden of establishing this standard by clear and convincing evidence before any agency review. An inmate who would create a substantial risk of immediate serious harm to self, or who create a substantial risk of immediate serious harm to another because of a medical reason shall be placed in an appropriate medical facility.

“(2) An inmate shall not be placed in solitary confinement for non-disciplinary reasons.

“(3) An inmate shall not be placed in solitary confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician. A preliminary examination shall be conducted by a member of the medical staff within 12 hours before confinement and the clinical examination shall be conducted within 48 hours of confinement.

“(4) An inmate shall only be held in solitary confinement pursuant to initial procedures and reviews which provide timely, fair and meaningful opportunities for the inmate to contest the confinement in such an administrative proceeding as the Director shall establish. These procedures shall include—

“(A) the right to an initial hearing within 72 hours of placement and a review every 15 days thereafter, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;

“(B) the right to appear at the hearing;

“(C) the right to be represented at the hearing pursuant to the Defender Services Program of the Department of Justice;

“(D) an independent hearing officer; and

“(E) a written statement of reasons for the decision made at the hearing.

“(5) The final decision to place an inmate in solitary confinement shall be made by the administrator of the correctional facility where that inmate is held.

“(6) An inmate shall not be placed or retained in solitary confinement if the administrator determines that the inmate no longer meets the standard for the confinement.

“(7) A clinician shall evaluate each inmate placed in solitary confinement on a daily basis, in a confidential setting outside of the cell whenever possible, to determine whether the inmate is a vulnerable person.

“(8) An inmate shall not be placed in solitary confinement for more than 15 consecutive days, or for more than 20 days during any 60-day period.

“(9) An inmate held in solitary confinement shall not be denied access to food, water, medical care including emergency medical care, or any other basic necessity.

“(10) An inmate shall not be directly released from solitary confinement to the community during the final 180 days of the inmate's term of incarceration, unless it is necessary for the safety of the inmate, staff, other inmates, or the public.

“(11) An inmate who is a vulnerable person described in subparagraph (B), (E), or (F) of subsection (b)(3), who would otherwise be placed in solitary confinement, shall alternately be placed in an appropriate medical or other unit as determined by the administrator.

“(b) Definitions.—In this section:

“(1) CLINICIAN.—The term ‘clinician’ means a Federal or State licensed physician, except that for purposes of mental health evaluations, the term shall include a Federal or State licensed psychiatrist or psychologist, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.

“(2) SOLITARY CONFINEMENT.—The term ‘solitary confinement’ means confinement of an inmate in a correctional facility, pursuant to disciplinary, administrative, protective, investigative, medical, or other classification, in a cell or similarly confined holding or living space, alone or with other inmates, for approximately 20 hours or more per day, with severely restricted activity, movement, and social interaction.

“(3) VULNERABLE PERSON.—The term ‘vulnerable person’ means any inmate who—

“(A) is 25 years of age or younger;

“(B) is 65 years of age or older;

“(C) has a disability based on a mental illness, a history of psychiatric hospitalization, or has recently exhibited conduct, including serious self-mutilation, indicating the need for further observation or evaluation to determine the presence of mental illness;

“(D) has a developmental disability;

“(E) has a serious medical condition which cannot effectively be treated in isolated confinement;

“(F) is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy;

“(G) has a significant auditory or visual impairment; or

“(H) is perceived to be lesbian, gay, bisexual, transgender, or intersex.”.