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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Limiting the Use of Restrictive Housing by the Federal Government

Democracy & GovernanceDemocracy & GovernanceCivil RightsCivil RightsFederal WorkforceFederal Workforce

In simple terms

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

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 81 FR 11997

    Federal Register PDF

  3. DOJ update on status of regulatory and policy revision efforts

  4. 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

What to expect

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
Presidential Memorandum: Limiting the Use of Restrictive Housing by the Federal Government · Executive Orders