October 17, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, I, along with Councilmembers Robert White, Janeese Lewis George, Anita Bonds,
Charles Allen, Zachery Parker, and Kenyan McDuffie, am introducing the “Eliminating
Restrictive and Segregated Enclosures (“ERASE”) Solitary Confinement Act of 2023.” Please
find enclosed a signed copy of the legislation.
This legislation prohibits nearly all forms of segregated confinement for individuals incarcerated
at penal institutions owned, operated, and controlled by the Department of Corrections. It also
limits the use of safe cells, would mandate that all residents in a DOC facility receive at least
eight hours of out-of-cell time a day, and charge DOC with providing residents mental health
services any time they’re placed in prolonged confinement, medical isolation, or suicide watch.
An oversight provision of the bill would require DOC to collect and publish data on the ongoing
use of solitary, allow residents to file special grievances, and potentially sue the agency if
they’ve been subject to prolonged confinement.
In general, solitary confinement is a cruel, inhumane, and degrading mode of punishment that
has been equated to torture.
1
Studies have consistently proven that solitary confinement can
create or exacerbate both short- and long-term psychological and physical health issues for
people placed in solitary confinement, including self-harm and suicide, anxiety and depression,
and gastrointestinal and cardiovascular problems.
2
Solitary confinement does not properly
1
See G.A. Res. 70/175, at 8, 15–17, The United Nations Standard Minimum Rules for the Treatment of
Prisoners, the Nelson Mandela Rules (Dec. 17, 2015).
2
See Sharon Shalev, A Sourcebook on Solitary Confinement 15–17 (2008).
remedy the root problems that lead to a person’s placement in solitary,
3
and the economic costs
of solitary far exceed any perceived benefits.
4
Similarly, the profound stress caused by spending time in solitary confinement can lead to
permanent damage to a person’s identity, including changes in the brain and personality of the
people subjected to it. “Depriving humans—who are naturally social beings—of the ability to
interact with others can cause social pain” which affects the brain in the same way as physical
pain.
5
Additionally, the overwhelming amount of research proves that solitary confinement leads
to greater recidivism and misconduct.
6
If we care about reducing crime, we should care about
solitary for that reason, too.
The deplorable conditions at the District’s jails and restrictive housing units— including
flooding, lack of grievance procedures, lack of mattresses, and more
7
— only exacerbate the
harmful effects of solitary confinement. The conditions of safe cells in the District’s jails are
3
Kayla James & Elena Vanko, The Impacts of Solitary Confinement, Vera Institute of Justice 5 (Apr. 2021)
(“In short, solitary confinement does not improve safety and may actually lead to an increase in violence and
recidivism. This is not surprising, given that people in solitary are typically denied the opportunity to
participate in education, mental health or drug treatment, and other rehabilitative programs or to otherwise
prepare for reentering the community.”).
4
Id. at 5-6 (“The Federal Bureau of Prisons estimated in 2013 that it cost $216 per person, per day, to hold
people in solitary in the Administrative Maximum Facility at the Federal Correctional Complex in Florence,
Colorado. In comparison, the estimated cost of housing people in the complex’s general population was $86
per person, per day.”) (emphasis in original); see also Alison Shames et al., Solitary Confinement: Common
Misconceptions and Emerging Safe Alternatives, Vera Institute of Justice 24 (May 2015) (“The significant
fiscal costs associated with building and operating segregated housing units and facilities are due to the
reliance on single-cell confinement, enhanced surveillance and security technology, and the need for more
corrections staff (to handle escorts, increased searches, and individualized services).”).
5
Katie Rose Quandt & Alexi Jones, Research Roundup: Incarceration can cause lasting damage to mental
health, Prison Policy Initiative (May 13, 2021),
https://www.prisonpolicy.org/blog/2021/05/13/mentalhealthimpacts/.
6
Andreea Matei, Solitary Confinement in US Prisons, Urban Institute (August 2022).
7
See District of Columbia Corrections Information Council, DC Department of Corrections Inspection Report
6 (Sept. 30, 2021),
https://cic.dc.gov/sites/default/files/dc/sites/cic/page_content/attachments/CIC%20Inspection%20Repo
rt%20DOC%20FY%202021%20site%20visit%20May%202021.pdf; Press Release, U.S. Marshals Service,
Statement by the U.S. Marshals Service Re: Recent Inspection of DC Jail Facilities (Nov. 2, 2021),
https://www.usmarshals.gov/news/chron/2021/110221b.htm.
likewise troubling and, thus, similarly exacerbate the harms of solitary confinement for those on
suicide watch.
8
For these reasons, we must erase virtually all forms of segregated confinement for individuals
incarcerated at penal institutions in the District. This legislation would produce a fairer and more
humane criminal justice system in the District.
Should you have any questions, please contact my Legislative Aide Sabrin Qadi at
sqadi@dccouncil.gov or (202) 834-8093.
Thank you,
Best,
Brianne K. Nadeau
8
District of Columbia Corrections Information Council, District of Columbia Department of Corrections 2018
Inspection Report 17 (May 21, 2019),
https://cic.dc.gov/sites/default/files/dc/sites/cic/page_content/attachments/DOC%20FY%202018%20Re
port%205.21.19%20FINAL.pdf; Mitch Ryals, Attorneys Continue to Hear Reports of the Horrific Conditions
in DC Jail’s ‘Safe Cells’ Washington Citypaper (May 13, 2021),
https://washingtoncitypaper.com/article/516737/attorneys-continue-to-hear-reports-of-the-horrific-conditions-
in-dc-jails-safe-cells/.
_____________________________
Councilmember Robert C. White, Jr.
________________________________
Councilmember Brianne K. Nadeau
_____________________________
Councilmember Charles Allen
___________________________
Councilmember Anita Bonds
_______________________________
Councilmember Kenyan R. McDuffie
_____________________________
Councilmember Janeese Lewis George
_____________________________
Councilmember Zachary Parker
1
2
A BILL 3
4
_________________________ 5
6
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
8
_________________________ 9
10
To prohibit segregated confinement in jails; to strictly limit the use of safe cells and require that 11
incarcerated people with mental health emergencies receive the care to which they are 12
entitled; to require the Department of Corrections to create a plan to eliminate segregated 13
confinement and report to the Council the impacts of doing so. 14
15
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “Eliminating Restrictive and Segregated Enclosures (“ERASE”) Solitary 17
Confinement Act of 2023”. 18
Sec. 2. Definitions. 19
For purposes of this act, the term: 20
(a) “Appropriate healthcare” means the right to: 21
(1) Timely, responsive, respectful, and dignified attention to a resident’s 22
healthcare needs by a qualified health professional; 23
(2) Assessment, consultation, and provision of health care consistent with the 24
standard of care expected to be provided by a reasonably prudent qualified health professional in 25
the professional’s specialty area, and not limited in any way because of status as a detained or 26
incarcerated person; 27
(3) Have the qualified health professional respect a resident's privacy and 28
confidentiality; 29
(4) Privacy and protection from inquiry by qualified health professionals 30
regarding a resident’s charges, convictions, or duration of sentences unless expressly pertinent to 31
the delivery of care; 32
(5) Freedom from physical restraints while receiving any form of healthcare, 33
unless the treating qualified health professional requests physical restraints to address a specific 34
safety concern; 35
(6) Obtain, at no cost, at the conclusion of a resident’s visit to a qualified health 36
professional providing services outside of a penal institution, copies of all records of the 37
resident’s own diagnoses, test results, treatment instructions, recommendations for further 38
treatment and evaluation, and other documents that a person who is not detained or incarcerated 39
would have a right to obtain from a qualified health professional; 40
(7) Obtain, at no cost, full or partial copies of a resident’s own medical records 41
that are created by or in the possession of either the Department or the entity providing health 42
care on behalf of the Department, upon the request of a resident, former resident, or a resident or 43
former resident’s counsel without having to file a request under the District of Columbia 44
Freedom of Information Act, D.C. Code § 2-531; 45
(8) A reasonable opportunity to discuss with a qualified health professional the 46
benefits and risks of treatment alternatives, including the risks and benefits of forgoing 47
treatment, and guidance about different courses of action; 48
(9) Ask questions about health status or recommended treatment and to have those 49
questions answered by a qualified health professional; 50
(10) Make decisions about the care they receive and have those decisions 51
respected; 52
(11) Be advised of any conflicts of interest a qualified health professional may 53
have with respect to a resident’s care; 54
(12) Obtain a second opinion from a qualified health professional providing 55
services outside of the penal institution in the same or similar specialty within a reasonable 56
amount of time in cases involving a serious risk of death or serious bodily injury; 57
(13) Coordination and integration of the care provided by a resident’s qualified 58
health professionals, including the timely provision of care by a suitable qualified health 59
professional outside of the penal institution as necessary; and 60
(14) Visitation with a resident’s “attorney in fact,” as defined in D.C. Code § 21- 61
2202.1, for the purpose of healthcare decision making, regardless of any Department policy to 62
the contrary; 63
(15) All rights enumerated in the Consumers’ Bill of Rights at D.C. Code § 7- 64
1231.04; 65
(16) Communication pursuant to the DC Language Access Act at D.C. Code § 2 66
1901 et seq; and 67
(17) Effective communication pursuant to Title II and Title III of the Americans 68
with Disabilities Act at 42 U.S.C. §§ 12131-34 and 12181-89. 69
(b) “Chemical restraint” means a medication that is used in addition to or in place of the 70
resident’s regular, prescribed drug regimen to control extreme behavior during an emergency, 71
but does not include medications that comprise the resident’s regular, prescribed medical 72
regimen and that are part of the resident’s treatment, even if the intended purpose is to control 73
ongoing behavior; 74
(c) “Department” means the Department of Corrections, as defined in D.C. Code § 24- 75
211.01; 76
(d) “Disciplinary housing” means the separation of a resident from other individuals for 77
the purpose of punishing the resident for a violation of the Department’s or penal institution’s 78
rules; 79
(e) “Health care” means any type of care provided by a person licensed under or 80
permitted to practice a health occupation in the District as defined in D.C. Code § 3-1201 et seq. 81
Healthcare includes medical care, dental care, vision care, psychiatric care, psychological or 82
other treatment for mental or behavioral health conditions, physical therapy, occupational 83
therapy, chronic care, and the provision of medication or medical supplies; 84
(f) “Medical isolation” means the isolation of a resident consistent with a finding by a 85
qualified health professional that the resident has a communicable disease for which the Centers 86
for Disease Control and Prevention recommends or authorizes isolation or quarantine, and that 87
isolation is medically necessary for that resident’s treatment or to protect other residents or staff 88
from the communicable disease; 89
(g) “Minimum out-of-cell time” means at least 8 hours daily, between 8 a.m. and 8 p.m., 90
during which a resident is not restricted to their cell and has the opportunity to move around a 91
shared space, interact with other residents in a shared space without barriers or physical or 92
chemical restraints, participate in programming, shower, or go to the commissary, gym, and 93
recreation yard, or participate in other activities normally conducted outside of a resident’s cell; 94
(h) “Penal institution” means any penitentiary, prison, jail, or correctional facility owned, 95
operated, or controlled by the Department; 96
(i) “Physical restraint” means any mechanical device, material, or equipment attached or 97
adjacent to the resident’s body, or any manual method, that the resident cannot easily remove 98
and which restricts their freedom of movement or normal access to their body; 99
(j) “Prolonged confinement” means the denial of minimum out-of-cell time, without a 100
resident’s informed written consent; 101
(k) “Punitive measures” means the loss of any privilege, including video and phone calls, 102
recreation, reading materials, mail, or commissary, that is standardly provided to residents; 103
(l) “Qualified health professional” means a person licensed under or permitted to practice 104
a health occupation in the District as defined by D.C. Code § 3-1201.08 who is providing 105
services or treatment for which the individual is specifically licensed or is permitted to perform 106
pursuant to D.C. Code § 3-1201 et seq.; 107
(m) “Resident” means any individual detained or incarcerated at a penal institution; 108
(n) “Safe cell” means a suicide-resistant housing cell designed to prevent a resident from 109
inflicting serious bodily injury upon themselves or used by the Department as a place to hold and 110
continuously monitor residents placed on suicide watch; 111
(o) “Serious bodily injury” means a bodily injury or significant bodily injury that 112
involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or 113
impairment of the function of a bodily member or organ, or protracted loss of consciousness; 114
(p) “Suicide precaution” means a measure used to observe a resident who is assessed by a 115
qualified health professional and determined to not be actively suicidal, but expresses suicidal 116
ideation or has a recent prior history of inflicting or attempting to inflict serious bodily injury 117
upon themselves, or a resident who denies suicidal ideation or does not threaten suicide, but 118
demonstrates other concerning behavior indicating the potential for inflicting death or serious 119
bodily injury upon themselves; and 120
( “Suicide watch” means a measure used to observe a resident who is assessed by a 121
qualified health professional and determined to be actively suicidal, by either threatening or 122
engaging in inflicting serious bodily injury upon themselves. 123
Sec. 3. Scope. 124
This act shall apply to all residents detained or incarcerated at the Central Detention 125
Facility, the Correctional Treatment Facility, the Central Cell Block, and any other penal 126
institution owned, operated, or controlled by the Department. 127
Sec. 4. Limitations on the use of prolonged confinement. 128
(a) Department staff shall directly observe a resident on suicide precaution at staggered 129
intervals not to exceed every 15 minutes and document those observations. 130
(b) Department staff shall directly observe a resident on suicide watch continuously and 131
without interruption and document those observations every 15 minutes. 132
(g) Supervision aids, like cameras, can be utilized as a supplement to, but never as a 133
substitute for, direct observation by Department staff of a resident on suicide precaution or 134
suicide watch. 135
(c) A resident on suicide precaution shall never be placed in a safe cell and shall not be 136
subject to prolonged confinement or punitive measures. 137
(d) All residents on suicide precaution or suicide watch shall be entitled to attend all court 138
or parole hearings unless a qualified health practitioner makes a finding that non-attendance is 139
immediately necessary to prevent a risk of death or serious bodily injury to the resident or 140
another person. 141
(e) A resident on suicide watch shall reside in the least restrictive setting necessary to 142
reasonably assure the safety of the resident and others, as determined by a qualified health 143
professional, including housing in the general population, mental health unit, or medical 144
infirmary. 145
(f) A resident on suicide watch may be placed in a safe cell only if it is immediately 146
necessary to prevent death or serious bodily injury. 147
(h) A qualified health professional shall directly observe any resident in a safe cell a 148
minimum of every 4 hours and shall formally reassess the resident at least every 24 hours. 149
(i) Removal of a resident’s clothing shall be prohibited absent an individualized 150
determination by a qualified health professional that such removal is necessary to prevent death 151
or serious bodily injury. If the individualized determination to remove a resident’s clothing is 152
made, the resident shall immediately be provided with alternative safe clothing and blanket, and 153
a qualified health professional shall reassess the determination at least every 24 hours. A resident 154
shall never be without the clothing and blankets necessary to provide reasonable privacy and 155
warmth. 156
(j) The Department shall transfer a resident from a safe cell to a local hospital or another 157
appropriate healthcare facility as soon as practicable: 158
(1) Upon a determination by a qualified health care professional that the 159
Department cannot provide the resident with appropriate healthcare; 160
(2) If the resident has been held in a safe cell continuously for 48 hours; or 161
(3) Upon request of the resident. 162
(k) The Department shall examine any incident involving a completed suicide and any 163
incident involving a suicide attempt requiring hospitalization through a morbidity and mortality 164
review process, which shall be completed within 30 days of the resident’s death or suicide 165
attempt. 166
(l) The review, separate and apart from other formal investigations that may be required 167
to determine the cause of death, shall include: 168
(1) Review of the circumstances surrounding the incident; 169
(2) Review of procedures relevant to the incident; 170
(3) Review of all relevant training received by involved staff; 171
(4) Review of pertinent healthcare services reports involving the resident; 172
(5) Review of any possible precipitating factors that may have caused the resident 173
to commit suicide or suffer a serious suicide attempt; 174
(6) Recommendations, if any, for changes in policy, training, physical plant, 175
healthcare services, and operational procedures; and 176
(7) A written report detailing the Department’s findings, including whether each 177
recommendation was accepted or rejected and a corrective action plan specifying responsible 178
parties and timetables for completion. 179
(m) Within 5 days of the conclusion of the review process, the Department shall transmit 180
the report to the Mayor, the D.C. Council, and the Corrections Information Council. 181
(n) The Department shall publish on its website written updates on the status of the 182
corrective action plan in 30-day intervals until the plan has been fully implemented. 183
(o) All staff involved in the incident should be offered critical incident stress debriefing. 184
Sec. 5. Plan and report on the elimination of prolonged confinement 185
(a) Within 90 days after the effective date of this act, the Department shall transmit to 186
the Mayor, the Council, and the Corrections Information Council, and publish on its website a 187
written report of its plans to effectuate this act. 188
(b) The report published under subsection (a) of this section shall include: 189
(1) The number of residents who have not received minimum out-of-cell time 190
over the prior 12 months; and 191
(2) The number of residents who have been placed in disciplinary housing, 192
medical isolation, or a safe cell over the prior 12 months. 193
(c) The report published under subsection (a) of this section shall include the following 194
deidentified information about each resident: 195
(1) The cumulative number of days each resident has not received minimum out-196
of-cell time over the prior 12 months; 197
(2) The highest consecutive number of days each resident has not received 198
minimum out-of-cell time over the prior 12 months; 199
(3) The cumulative number of days each resident has been placed in disciplinary 200
housing, medical isolation, or a safe cell over the prior 12 months; 201
(4) The highest consecutive number of days each resident has been placed in 202
disciplinary housing, medical isolation, or a safe cell over the prior 12 months; 203
(5) The basis for denying the resident minimum out-out-of-cell time; 204
(6) The basis for placing the resident in disciplinary housing, medical isolation, or 205
a safe cell, including: 206
(A) The communicable disease that is the basis for medical isolation; and 207
(B) The number of documented assessments made by a qualified health 208
professional; 209
(7) The notice and procedures followed before denying the resident minimum out-210
of-cell time; 211
(8) The notice and procedures followed before placing the resident in disciplinary 212
housing, medical isolation, or a safe cell; 213
(9) The timing and plan for restoring the resident’s out-of-cell time and any 214
known barriers to that transition; and 215
(10) The timing and plan for removing the resident from disciplinary housing, 216
medical isolation, or a safe cell, and any known barriers to that transition. 217
(d) Within 180 days after the effective date of this act, the Department shall promulgate 218
regulations and issue policy statements to amend the Department’s processes for and use of 219
prolonged confinement, medical isolation, and safe cells in accordance with this act; 220
(e) Within one year after the effective date of this act, and quarterly thereafter, the 221
Department shall submit to the Mayor, the Council, and the Corrections Information Council, 222
and make available on the Department’s website a written report of its use of prolonged 223
confinement, medical isolation, and safe cells. 224
(f) The reports published under subsection (e) of this section shall include deidentified 225
data on each resident placed in prolonged confinement, broken down by confinement that is the 226
result of medical isolation, a safe cell, or any other reason, for any amount of time during the 227
reporting period. 228
(g) The reports published under subsection (e) of this section shall include: 229
(1) Each resident’s age, sex, gender identity, sexual orientation or other LGBTQ 230
status, race, religion, and ethnicity; 231
(2) Whether or not each resident is diagnosed with a serious mental illness, as that 232
term is defined in the current edition of The Diagnostic and Statistical Manual of Mental 233
Disorders; 234
(3) Whether or not each resident is diagnosed with a physical disability, an 235
intellectual or developmental disability, a traumatic brain injury, or any other disability, as 236
defined in 42 U.S.C. § 12102; 237
(4) The location of the prolonged confinement, broken down by unit or type of 238
unit; 239
(5) The highest consecutive number of days that each resident was in prolonged 240
confinement; 241
(6) The cumulative number of days each resident was in prolonged confinement; 242
(7) The reasons each resident was subjected to prolonged confinement; 243
(8) Whether each resident was subject to any type of physical or chemical 244
restraint while in prolonged confinement; and 245
(9) Whether each resident remains in prolonged confinement as of the time the 246
report is finalized. 247
(h) The reports published under subsection (e) of this section shall include data on the 248
filing of grievances by people held in prolonged confinement, medical isolation, or a safe cell, 249
including: 250
(1) The total number of grievances filed, reported by type of grievance; 251
(2) The number of grievances closed during the reporting period, including the 252
reason for closure, and the number of grievances that remain open; and 253
(3) The average number of days from the filing of a grievance to final resolution, 254
broken down by Informal Grievance, Formal Grievance, Level 1 Appeal, Level 2 Appeal and 255
Prolonged Confinement Grievance. 256
(i) The reports published under subsection (e) of this section shall include data on assault 257
and self-harm, including: 258
(1) The total number of residents in medical isolation who committed self-harm, 259
attempted or completed suicide, were assaulted by another resident, were subjected to a use of 260
force by a Department employee, or received an incident report or disciplinary infraction, and the 261
type of that infraction; and 262
(2) The total number of residents in a safe cell who committed self-harm, 263
attempted or completed suicide, were assaulted by another resident, were subjected to a use of 264
force by a Department employee, or received an incident report or disciplinary infraction, and the 265
type of that infraction. 266
Sec. 6. Private right of action. 267
(a) A resident or former resident may bring a civil action in the Superior Court of the 268
District of Columbia against the District or any agent or employee thereof for violation of this act 269
or of any regulation promulgated or policy statement issued there under. Relief may include: 270
(1) Injunctive relief; 271
(2) Declaratory relief; 272
(3) Liquidated damages of $1000 per each day a resident is unlawfully held in 273
prolonged confinement; 274
(4) Compensatory damages; and 275
(5) Punitive damages. 276
(b) A resident or former resident who prevails in an action under this section shall be 277
entitled to fees and costs, including reasonable attorneys’ fees and reasonable expert fees. 278
(c) Notwithstanding any D.C. law, regulation, or policy to the contrary: 279
(1) The requirements of D.C. Code § 12-309 shall not apply to an action brought 280
under this act; 281
(2) The only administrative remedy available to raise questions of compliance 282
with or treatment under this act shall be filing a Prolonged Confinement Grievance at any time 283
directly with the Director of the Department, which has 5 calendar days to respond; 284
(3) The grievance shall be considered exhausted at the time the Director responds 285
or at the conclusion of 5 calendar days regardless of whether the Director provides a response. 286
(d) The Department shall provide the resident with a grievance form, writing utensils, and 287
access to the Inmate Grievance Procedure mailbox. 288
(e) Failure to provide a resident with a grievance form, writing utensils or access to the 289
grievance mailbox shall effectively render the grievance process unavailable to the resident. 290
(f) In an action under this section, a resident or former resident’s sworn statement 291
including facts that, if true, would be sufficient to show the resident or former resident had either 292
completed the grievance process or that the grievance process was unavailable to that resident, 293
shall create a rebuttable presumption that the grievance process was either completed or 294
unavailable that can only be overcome by clear and convincing evidence. 295
Sec. 7. Fiscal impact statement. 296
The Council adopts the fiscal impact statement in the committee report as the fiscal 297
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 298
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 299
Sec. 8. Effective date. 300
This act shall take effect after approval by the Mayor (or in the event of veto by the 301
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 302
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 303
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 304
Columbia Register. 305