81 FR 11997 - Limiting the Use of Restrictive Housing by the Federal Government

Executive Office of the President

Federal Register Volume 81, Issue 44 (March 7, 2016)

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Presidential Documents]
[Pages 11997-11998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05232]



[[Page 11995]]

Vol. 81

Monday,

No. 44

March 7, 2016

Part V





The President





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Memorandum of March 1, 2016--Limiting the Use of Restrictive Housing by 
the Federal Government



Notice of March 3, 2016--Continuation of the National Emergency With 
Respect to Venezuela


                        Presidential Documents 



Federal Register / Vol. 81 , No. 44 / Monday, March 7, 2016 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 11997]]

                Memorandum of March 1, 2016

                
Limiting the Use of Restrictive Housing by the 
                Federal Government

                Memorandum for the Heads of Executive Departments and 
                Agencies

                A growing body of evidence suggests that the overuse of 
                solitary confinement and other forms of restrictive 
                housing in U.S. correctional systems undermines public 
                safety and is contrary to our Nation's values.

                In July 2015, as part of my Administration's ongoing 
                efforts to pursue reforms that make the criminal 
                justice system more fair and effective, I directed the 
                Attorney General to undertake a comprehensive review of 
                the overuse of solitary confinement across American 
                prisons. Since that time, senior officials at the 
                Department of Justice (DOJ) have met regularly to study 
                the issue and develop strategies for reducing the use 
                of this practice nationwide.

                Those efforts gave rise to a final report transmitted 
                to me on January 25, 2016 (DOJ Report and 
                Recommendations Concerning the Use of Restrictive 
                Housing) (the ``DOJ Report''), that sets forth specific 
                policy recommendations for DOJ with respect to the 
                Federal Bureau of Prisons and other DOJ entities as 
                well as more general guiding principles for all 
                correctional systems.

                As the DOJ Report makes clear, although occasions exist 
                when correctional officials have no choice but to 
                segregate inmates from the general population, this 
                action has the potential to cause serious, long-lasting 
                harm. The DOJ Report accordingly emphasizes the 
                responsibility of Government to ensure that this 
                practice is limited, applied with constraints, and used 
                only as a measure of last resort.

                Given the urgency and importance of this issue, it is 
                critical that DOJ accelerate efforts to reduce the 
                number of Federal inmates and detainees held in 
                restrictive housing and that Federal correctional and 
                detention systems be models for facilities across the 
                United States. Therefore, by the authority vested in me 
                as President by the Constitution and the laws of the 
                United States of America, and to address the overuse of 
                solitary confinement in correctional and detention 
                systems throughout the United States, I hereby direct 
                as follows:

                Section 1. Implementation of the DOJ Report. (a) DOJ 
                shall promptly undertake to revise its regulations and 
                policies, consistent with the direction of the Attorney 
                General, to implement the policy recommendations in the 
                DOJ Report concerning the use of restrictive housing. 
                DOJ shall provide me with an update on the status of 
                these efforts not later than 180 days after the date of 
                this memorandum.

                    (b) Other executive departments and agencies 
                (agencies) that impose restrictive housing shall review 
                the DOJ Report to determine whether corresponding 
                changes at their facilities should be made in light of 
                the policy recommendations and guiding principles in 
                the DOJ Report.

                These other agencies shall report back to me not later 
                than 180 days after the date of this memorandum on how 
                they plan to address their use of restrictive housing.

                Sec. 2. General Provisions. (a) This memorandum shall 
                be implemented consistent with applicable law and 
                subject to the availability of appropriations.

[[Page 11998]]

                    (b) Nothing in this memorandum shall be construed 
                to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                Sec. 3. Publication. The Attorney General is authorized 
                and directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, March 1, 2016

[FR Doc. 2016-05232
Filed 3-4-16; 11:15 am]
Billing code 4410-19-P