Limiting the Use of Restrictive Housing by the Federal Government

This memorandum directs the Department of Justice to revise its regulations and policies to implement recommendations from a January 2016 DOJ report on reducing restrictive housing (solitary confinement) in federal prisons. Other federal agencies that use restrictive housing must review the report and report back on planned changes.

Federal Register Open PDF 81 FR 11997

Impact dates

Aug 28, 2016
DOJ update on status of regulatory and policy revision efforts
Aug 28, 2016
Other agencies report back on plans to address restrictive housing use

Key directives

DOJ shall promptly revise regulations and policies to implement DOJ Report recommendations on restrictive housing
DOJ shall provide update to President not later than 180 days after March 1, 2016
Other executive departments and agencies with restrictive housing shall review DOJ Report for corresponding changes
Other agencies shall report back to President not later than 180 days after March 1, 2016 on plans to address restrictive housing use
Attorney General authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

DOJ directed to begin revising regulations and policies on restrictive housing
Other agencies directed to review DOJ Report

Near term (90d)

DOJ and other agencies working on implementation plans and regulatory revisions

Long term

Potential nationwide modeling effect for state and local correctional systems
Structural changes to federal restrictive housing practices

Risks & tensions

Implementation subject to availability of appropriations may limit enforcement
Memorandum explicitly disclaims creating enforceable rights, limiting legal recourse
Guiding principles for 'all correctional systems' are non-binding on state/local facilities
Vague 'promptly' timeline for DOJ regulatory revision lacks specificity beyond 180-day reporting