District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B260028

Introduced
1/6/25  

Caption

Eliminating Restrictive and Segregated Enclosures (“ERASE”) Solitary Confinement Act of 2025

Summary

The ERASE Solitary Confinement Act of 2025 would sharply restrict the use of solitary confinement and other forms of segregated housing in District of Columbia correctional facilities. It generally prohibits the Department of Corrections from imposing “prolonged confinement” on any resident for discipline, safety, administrative convenience, or mental health reasons, while allowing limited medical isolation for communicable disease control and narrowly defined use of suicide watch and safe cells. The bill also requires that people in these settings continue to receive appropriate healthcare, minimum out-of-cell time when eligible, direct staff observation in suicide-related placements, access to counsel, educational materials, and certain protections for property, clothing, and court/parole attendance. The measure would create detailed reporting, oversight, and implementation obligations for the Department of Corrections. Within 90 days, the Department must submit and publish a plan to eliminate prolonged confinement, and later must issue quarterly public reports with deidentified data on confinement use, demographics, mental health and disability status, grievances, assaults, self-harm, and related outcomes. It also requires new regulations and policy statements within 180 days and mandates morbidity and mortality reviews after suicides or serious suicide attempts. The bill applies to the Central Detention Facility, Correctional Treatment Facility, Central Cell Block, and other Department-controlled penal institutions. In terms of legal impact, the bill would substantially change District correctional policy by limiting segregation practices and creating enforceable standards for healthcare, observation, and housing conditions. It would also establish a private right of action in Superior Court, allowing residents and former residents to seek injunctive relief, damages, and attorneys’ fees for violations, while modifying grievance and exhaustion procedures specific to claims under the act. This would likely increase legal exposure for the District and require operational changes in jail management, healthcare delivery, and recordkeeping. The general sentiment reflected by the bill text is strongly reform-oriented and protective of incarcerated people, especially those with mental health needs, disabilities, or suicide risk. Although there are no committee transcripts or recorded votes provided, the structure and specificity of the bill suggest a focus on limiting harmful isolation practices and increasing transparency and accountability. The bill appears designed to replace punitive or convenience-based segregation with clinically driven, least-restrictive alternatives. The main points of contention are likely to be the near-total ban on prolonged confinement, the limits on disciplinary and safety-based segregation, and the creation of a private right of action with damages. Correctional administrators may object that the bill constrains their ability to manage security, discipline, and suicide prevention, while advocates would likely support the tighter standards and reporting requirements. The bill also raises practical concerns about staffing, compliance costs, and whether the Department can safely implement the required changes without relying on segregated housing.

Impact

The bill would amend District correctional law and Department of Corrections practice by prohibiting most segregated confinement, narrowly defining when medical isolation and suicide-related housing may be used, and requiring minimum out-of-cell time and healthcare access. It would impose new reporting, policy, and training obligations, and create a private enforcement mechanism with damages and fee-shifting, thereby increasing oversight and potential litigation exposure for the District and its correctional officials.

Sentiment

No committee transcript or vote record is provided, so there is no documented debate or recorded support/opposition to summarize. Based on the bill text alone, the measure reflects a strong reform and civil-rights-oriented approach aimed at ending solitary confinement and improving treatment of incarcerated people, particularly those with mental health crises or disabilities.

Contention

The likely areas of contention are the bill’s broad prohibition on prolonged confinement, its restrictions on disciplinary housing and safe-cell use, and its private right of action with liquidated, compensatory, and punitive damages. Correctional officials may argue these limits reduce flexibility for safety and discipline, while supporters are likely to emphasize human rights, mental health protections, and transparency. Operational burdens, staffing needs, and compliance costs are also likely to be disputed.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.