Recognizing the United States as a "nation of second chances," President Barack Obama has banned solitary confinement for juveniles.

Justice Department Review & Recommendations

Following a review the U.S. Department of Justice conducted on solitary confinement use, Obama said some circumstances warrant solitary confinement, such as the need to protect an individual from staff or other inmates, but other examples have shown the practice should be limited and used as a last resort.

Included in the review is the Justice Department's recommendation to end the practice of placing juveniles in "restrictive housing," expand the mental health treatment programs, and significantly reduce restrictive housing as a form of punishment, which includes an outright ban on solitary confinement for individuals who committed low-level offenses.

The DOJ review also recommended correctional staff must be clear on reasons to place a detainee in solitary confinement, develop a plan for the inmate to be placed in "less restrictive conditions," reviewed regularly by detention, medical and mental health staff, and improved training on solitary confinement policies.

"These steps will affect some 10,000 federal prisoners held in solitary confinement -- and hopefully serve as a model for state and local corrections systems. And I will direct all relevant federal agencies to review these principles and report back to me with a plan to address their use of solitary confinement," wrote Obama in an op-ed for The Washington Post.

The review distinguishes that isolating an inmate does not immediately equate as "solitary." The DOJ report refers to the practice as "restrictive housing" and defined it as:

(1) removal from the general inmate population, whether voluntary or involuntary; (2) placement in a locked room or cell, whether alone or with another inmate; and (3) inability to leave the room or cell for the vast majority of the day, typically 22 hours or more.

The report notes the aforementioned definition is open for "substantial room for variation."

Congressional Action

Obama acknowledged that members of Congress have pushed for criminal justice reform, ranging from sentencing to reentry programs laws, and he hopes to receive legislation soon. One example is the "Sentencing Reform and Corrections Act of 2015" (S. 2123), introduced by Sen. Chuck Grassley, R-Iowa, and has received bipartisan support from Sen. Chuck Schumer, D-N.Y., Sen. Rand Paul, R-Ky., Sen. Dianne Feinstein, D-Calif., a bill prohibiting juvenile solitary confinement, "except in limited circumstances." The Senate bill was introduced in October 2015 but has yet to advance.

A congressman that has also push for juvenile justice reform is Rep. Tony Cárdenas, D-Calif.

"I am very encouraged by the President's actions," Cárdenas said in a statement on Tuesday morning. "It's about time that we stop exposing children, our future generation, to what is essentially physiological and emotional torture. There is no question we still have a long way to go, but we are moving in the right direction."

Last June, he introduced the "Protecting Youth from Solitary Confinement Act" (H.R. 2823), which would amend the federal criminal code prohibiting solitary confinement for juveniles. His bill also called for an annual report to the president and Congress analyzing each incarcerated juvenile's offense, age, gender, race and purpose and number of hours in confinement.

"My bill, the Protecting Youth from Solitary Confinement Act, would codify these evidence-based recommendations for youth. I will keep working every day to pass this and other bills to make sure our kids aren't left out of Congress' criminal justice reforms,' Cárdenas added.

"In America, we believe in redemption. ... We believe that when people make mistakes, they deserve the opportunity to remake their lives," Obama wrote in the op-ed. "And if we can give them the hope of a better future, and a way to get back on their feet, then we will leave our children with a country that is safer, stronger and worthy of our highest ideals."

According to the president, federal prisons have eased on solitary confinement use by 25 percent, but some states have also led efforts on restrictive housing, particularly Colorado and New Mexico.

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