Solitary Confinement and Inmates with Serious Mental Illness: Cruel and Unusual Punishment Presentation by Ron Honberg, J.D. June 28, 2013 NAMI Convention

What is solitary confinement? Placement in locked, highly restrictive, isolated cells for substantial periods of time with little or no human contact. Frequently lasts for weeks, months, or even years at a time. Different types of solitary confinement. – Administrative segregation – Special Housing Units (SHU) – Isolation cells – Supermax prisons

How Many People are in Solitary Confinement? Most states do not publish data. Bureau of Justice Statistics (2005) estimated 82,000. – Figure is probably low. Texas Dept. of Criminal Justice (2011) – 5,200 inmates in long term isolation, 4,000 in short term. 25,000 prisoners in supermax prisons (2005). 11,150 federal inmates held in “special housing” (Fed. Bureau of Prisons).

Additional facts about solitary confinement Solitary confinement is frequently long term. – California averages 6.8 years – Arizona 5 years – Texas more than 4 years – Colorado 18 months – NY 5.3 months People with SMI are disproportionately represented in solitary confinement – NY, people with SMI constitute 11% of prison population, but 25% of population in solitary confinement.

Solitary Confinement and Juveniles Juvenile justice facilities use solitary as well. – California report in 2011 found that hundreds of children are held in isolation in juvenile justice (JJ) facilities. Juveniles placed in adult corrections or held in local jails are frequently placed in solitary for own protection. Experience of solitary particularly harmful to juveniles. – Juveniles 19 times more likely to commit suicide in isolation than in general population.

Why are so many inmates with SMI in solitary confinement? Jails and prisons are ill equipped to provide mental health care and treatment. Inmates with SMI may have difficulty adhering to strict prison rules. Correctional responses to rules infractions are frequently punitive, irrespective of reason. Protective custody, particularly with juveniles. Symptoms worsen, leading to behaviors that lengthen time in segregation. Overcrowded conditions in general population, no beds available.

Is the tide turning? Mississippi – Unit 32, Parchman Farm. In 2007, approximately 1,000 inmates in segregated confinement. ACLU sues, resulting in consent decree. Today, there are about 120 inmates in Unit 32 and plans are in place to close it entirely. Contributing factors: – New classification system – Conditions improved in Unit 32 – Better MH treatment – Sentencing and parole and probation reforms.

Is the tide turning, cont.? Progress in other states, including Maine, Colorado, Illinois, and Ohio. Litigation can be a catalyst for reform. – Eighth Amendment – Americans with Disabilities Act (ADA) Legislation passed or under consideration in a number of states, including NY, Texas, Montana, and many others.

Resources on Solitary Confinement ACLU “Stop Solitary” Campaign, stop-solitary stop-solitary Solitary Watch, National Religious Campaign Against Torture, Solitary Confinement.org, Vera Institute of Justice, Segregation Reduction Project, NAMI website, section on solitary confinement, &Template=/ContentManagement/ContentDisplay.cfm&Cont entID= &Template=/ContentManagement/ContentDisplay.cfm&Cont entID=147300

Putting mentally ill prisoners in isolated confinement “is the mental equivalent of putting an asthmatic in a place with little air …” Judge Thelton E. Henderson Madrid v. Gomez, 889 F. Supp 1146 (N.D. Cal. 1995).

“I’ve read of the studies done regarding the effects of solitary confinement on inmates, seen how researchers say it can ruin a man’s mind, and I’ve watched with my own eyes the slow descent of sane men into madness. What I’ve never seen the experts write about, though, is what year after year of abject isolation can do to that immaterial part in our middle where hope survives or dies and the spirit resides.” William Blake, Elmira Correctional Facility, NY (Has been in solitary confinement for nearly 26 years)

Thank You! Ron Honberg