Over 120,000 people are held in solitary confinement in the United States

Bill Text (PDF)

Washington (July 24, 2025) - Senator Edward J. Markey (D-Mass.) and Representative Sydney Kamlager-Dove (CA-37) today announced the reintroduction of the End Solitary Confinement Act, legislation that would end solitary confinement in federal prisons, jails, and detention centers, with limited exceptions. This bill would create minimum standards for incarceration, including by requiring that facilities give detainees access to out-of-cell interaction and recreation and by capping the length of solitary confinement at four hours.

Solitary confinement has many different names, including “restrictive housing” in Massachusetts. Individuals held in solitary confinement can be isolated in a small, concrete, windowless cell for 22 hours or longer. Placement in solitary for any length of time, whether days or even hours, can cause severe, long-term harm. Individuals held in solitary confinement may suffer serious adverse effects on their mental and physical health, including an increased risk of suicide, heart disease, anxiety, and depression. Solitary confinement is also disproportionately inflicted on Black, Brown, and LGBTQ+ individuals, as well as on vulnerable populations, including persons with preexisting mental health illnesses.

“Solitary confinement is a cruel and unnecessary practice that has no place in our country. This practice isn’t rehabilitation, it’s torture,” said Senator Markey. “Forcing people, including those from vulnerable groups, into small, cramped, concrete prison cells without human interaction for hours, days, weeks, and even months on end is inhumane. I am proud to introduce this legislation, alongside Representative Kamlager-Dove, to move us closer to ending solitary confinement, once and for all.”

“Solitary confinement is torture, period,” said Congresswoman Kamlager-Dove. “This outdated practice, dating back to the 1800s, does nothing to promote rehabilitation. Research consistently shows it causes severe mental health issues, intensifies existing barriers to recovery, and disproportionately harms incarcerated Black, Brown, and LGBTQ+ individuals. We must abolish solitary confinement entirely—and I’m proud to lead the charge with this bill that will finally end its use in the United States.”

Cosponsors in the Senate include Senators Elizabeth Warren (D-Mass.), Bernie Sanders (I-Vt.), and Jeff Merkley (D-Ore).

This legislation is endorsed by the American Civil Liberties Union, Center for Constitutional Rights, Vera Institute of Justice, National Religious Campaign Against Torture, Unlock the Box Campaign, the #HALTsolitary Campaign, and Zealous.

Specifically, the End Solitary Confinement Act would:

  • End solitary confinement in federal prisons, jails and other detention settings with limited exceptions, including a 4-hour maximum for emergency de-escalation;
  • Protect vulnerable populations, including elderly individuals and pregnant persons, from placement in solitary confinement;
  • Ensure detainees have meaningful access to out-of-cell time, group programming, and basic needs and services;
  • Impose strict due process protections, including access to representation and neutral decision-makers;
  • Create oversight and enforcement mechanisms, including mandatory reporting, a private cause of action, oversight by a community monitoring body, and enhanced media access; and
  • Incentivize states and municipalities to adopt similar bans on solitary confinement.

Senator Markey has worked consistently to reform prison practices and provide resources to formerly and currently incarcerated people. Senator Markey and Senator Amy Klobuchar (D-Minn.) introduced the Fair Chance Jobs Month Resolution in May 2025, to ensure that formerly incarcerated individuals have a fair chance at securing good-paying, stable employment. In February 2024, Senator Markey sent a letter to then-Secretary of Energy Jennifer Granholm urging the Department of Energy (DOE) to make good-paying clean energy jobs accessible to currently and formerly incarcerated people.

 

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