The Ten Worst Prisons in America

10 worst“The Ten Worst Prisons in America,” our eleven-part article, premiered yesterday over at MotherJones.com with the notorious ADX Florence federal supermax. A new worst prison will be published each weekday (with some dishonorable mentions at the end), so please check in from time to time for new postings. What follows is the introduction to the series.

“If you can’t do the time, don’t do the crime.” So goes the old saying. Yet conditions in some American facilities are so obscene that they amount to a form of extrajudicial punishment.

Doing time is not supposed to include being raped by fellow prisoners or staff, beaten by guards for the slightest provocation, driven mad by long-term solitary confinement, or killed off by medical neglect. These, however, are the fates of thousands of prisoners every year—men, women, and children housed in lockups that give Gitmo and Abu Ghraib a run for their money.

The United States boasts the world’s highest incarceration rate, with close to 2.3 million people locked away in some 1,800 prisons and 3,000 jails. Most are nasty places by design, aimed at punishment and exclusion rather than rehabilitation; while reliable numbers are hard to come by, at last count 81,622 prisoners were being held in some form of isolation in state and federal prisons.

Thousands more are being held in solitary at jails, deportation facilities, and juvenile-detention centers. Nearly 1 in 10 prisoners is sexually victimized, by prison employees about half of the time—more than 200,000 such assaults take place in American penal facilities every year (PDF), according to estimates compiled under the federal Prison Rape Elimination Act. Suicides, meanwhile, account for almost a third of prisoner deaths, per the Bureau of Justice Statistics, while an unknown number of fatalities result from substandard nutrition and medical care.

While there’s plenty of blame to go around, and while not all of the facilities described in this series have all of these problems, some stand out as particularly bad actors. We’ve compiled this subjective list of America’s 10 worst lockups (plus a handful of dishonorable mentions) based on three years of research, correspondence with prisoners, and interviews with reform advocates concerning the penal facilities with the grimmest claims to infamy. We will be rolling out profiles of the contenders over the next 10 days, complete with photos and video.

Read the rest at MotherJones.com.

Judge Refuses to Dismiss Federal Supermax Lawsuits

adxAndrew Cohen continues his coverage for the Atlantic of two potentially groundbreaking lawsuits directed at the treatment of those incarcerated in the notorious ADX Florence, where about 400 men live in extreme isolation and sensory deprivation for years or decades. Today he reports on a federal judge’s decision to allow the lawsuits to proceed, rejecting the federal governments efforts to have them dismissed.

In a rebuke to the Obama Administration, a noted federal judge in Denver Tuesday refused to dismiss two pending civil rights lawsuits filed last year against Bureau of Prisons’ officials accused of the widespread abuse and neglect of mentally ill federal inmates at the sprawling ADX-Florence prison facility in Colorado. If the allegations of the detailed complaint are true, said U.S. District Judge Richard Matsch, “you don’t need to be a psychiatrist to know something is wrong” inside Supermax, America’s most famous prison.

The judge’s order keeps alive for now Vega v. Davis, a wrongful death action brought in May 2012 by the family of Jose Martin Vega, an inmate in Colorado who hanged himself in his cell in 2010 following what plaintiffs’ lawyers say was an extend period of mental illness left untreated by prison staff. Judge Matsch also permitted to proceed further toward trial a case styled Cunningham v. Bureau of Prisons, a broader civil rights challenge alleging longtime patterns of abuse and neglect of the mentally ill at America’s most famous federal prison.

The essence of both cases is that federal prison officials at ADX-Florence are violating the rights of mentally ill inmates to be free from “cruel and unusual punishment” under the Eighth Amendment. The inmates allege that they have been tortured and abused by their jailors and deprived of basic medical and mental health needs by prison doctors. Many of the inmates have taken to self-mutilation in their cells, while mental health counseling remains sporadic and ineffective. ”Why shouldn’t we be addressing that?” Judge Matsch asked early in the hearing.

Read the rest here on the Atlantic’s website

The lawsuits’ detailed revelations of abuse and suffering–often rising to the level of torture–at ADX Florence are especially disturbing in light of the federal government’s recent decision to open a second supermax prison, to be called “ADX USP Thomson,” at a recently purchased property in Illinois.

New Video: Dr. Terry Kupers on Solitary Confinement and Mental Health

kupersDr. Terry Kupers, Institute Professor at the Wright Institute in San Francisco and Distinguished Life Fellow of the American Psychiatric Association, is among the foremost national experts on the mental health effects of solitary confinement. Dr. Kupers delivered the keynote address at the Strategic Convening on Solitary Confinement and Human Rights, sponsored by the Midwest Coalition on Human Rights, on November 9, 2012, in Chicago, Illinois.

In his address, which is presented in the four videos below, Dr. Kupers provides a comprehensive overview of the psychological damage inflicted on people subjected to prolonged solitary confinement, detailing how use of the practice qualifies as an intentional human rights abuse. He also addresses the use of confinement in supermax prisons and the lacking quality of and inaccessibility to mental health care to those held in isolation (people who clearly urgently require adequate counseling to cope with the extreme distress of their isolation). Finally, Dr. Kupers touches on the detrimental impact of sexual abuse that takes place in detention facilities.

 

 

 

Thirty Days in Solitary

solitarySolitary confinement is in the news on a daily basis nowadays, though just a few years ago it was a rarity to find any mention of it outside of Solitary Watch. What follows is a roundup of noteworthy stories that came out in the past month but didn’t make it into our posts. We will be running these roundups once a week from now on.

• PRI radio reports that at Guantanamo, the “Hunger Strike Grows As Despair Sets In“–and interviews one of the few reporters who have been inside Gitmo since the strike began.

• Al Jazeera presents a documentary and roundtable discussion on “The Ethics of Solitary Confinement.”

• From Citizen Radio’s Marc Kilstein, a powerful hour-long radio documentary on the history and practice of solitary confinement.

• A bill introduced in Massachusetts aims to limit time in solitary confinement in the state’s prisons and jails. So does a similar bill in Nevada.

• Ted Koppel, on NBC’s Rock Center, reports on the “Criminal justice system’s ‘dark secret’: Teenagers in solitary confinement.”

• The Toronto Globe and Mail reports that solitary confinement is on the rise in Canadian prisons.

• The Atlantic‘s Andrew Cohen writes, “Enough Is Enough—Time for the Feds to Investigate Prison Abuse“–especially prisoners with mental illness held in solitary confinement in federal prisons.

• Individuals with mental illness are held in solitary confinement in strip cells at a Virginia jail.

• Chris Hedges writes about solitary confinement (and about the inspiring Bonnie Kerness and Ojore Lutalo) in “The Shame of America’s Gulags.”

• Despite opposition, Arizona plans to build 500 more supermax prison beds.

• New York Advocacy groups, survivors of solitary, and families of the incarcerated unite to form the Campaign for Alternatives to Isolated Confinement in New York’s prisons and jails.

• The sister of a man imprisoned at Pelican Bay writes of her brother’s 23 years in solitary confinement, calling it “beyond cruel and unusual.”

• The ACLU and other advocacy groups testify on solitary confinement before the Inter-American Commission on Human Rights.

• Courthouse News Service reports that a “scathing study” on solitary confinement in Illinois was buried amid local politics.

• A Maryland family says that their son, who suffers from autism and mental illness, has been held in solitary confinement for four years, and denied visits and phone calls for two.

• More than 100 men imprisoned at Guantanamo Bay launch a hunger strike to protest conditions at the camp and the hopelessness of their situation.

• The ACLU releases a comprehensive–and inspiring–report on solitary confinement reform in the state of Maine.

• The New York Civil Liberties Union files a civil rights lawsuit on behalf of people in solitary in New York State prisons became a class action suit.

• “Solitary Confinement: Punishment Or Cruelty?“, a segment on NPR, traces the history and current controversies. (Can’t it be both?)

• Advocates from the New York City Jails Action Committee protest recent increases in solitary confinement and brutality on Rikers Island.

• Representatives of the men in Pelican Bay’s Security Housing Units send an Open Letter to the California State Legislature.

• “Death at Dawson: Why Is Texas’ Worst State Jail Still Open?“, from the Texas Observer, tells the story of a woman who gave birth prematurely in a holding cell, and was sent to solitary on a “suicide watch” when her infant died.

New Mexico Man Gets $15.5 Million for His Two-Year Ordeal in Solitary

slevinWhen Stephen Slevin was released after 22 months of solitary confinement in a New Mexico county jail, he looked like someone emerging from a medieval dungeon: filthy and emaciated, with long hair and beard, sunken features, and haunted eyes. Slevin had never been convicted of a crime, never even had a hearing. But in 2005, he was thrown in solitary and effectively forgotten.

Even in a nation where prisoner abuse is an everyday occurrence and prisoner lawsuits are routinely suppressed, Slevin’s ordeal was enough to earn him his day in court. And even in a nation where long-term solitary confinement in itself is not considered a violation of civil rights, Slevin successfully sued the county that had incarcerated him–and recently, settled for $15.5 million.

As MSN News reports:

Slevin was arrested in August 2005 on charges of DWI and receiving a stolen vehicle, though he maintained the car was given to him by a friend. At the time of his arrest, Slevin was battling depression and was attempting to leave Las Cruces, N.M.

In jail, officers believed he was suicidal, so they threw him in a padded cell for three days, [Slevin's attorney Matthew] Coyte told NBC News. Slevin received a medical examination during that period, but for the rest of his 22 months in jail — much of which he spent in solitary confinement, in a cell without natural light — he was not allowed to see a doctor, even after telling a prison nurse in letters that his depression was worsening and he needed treatment for other health issues.

According to Coyte, Slevin was forced to remove his own tooth because prison officials would not allow him to see a dentist. He also developed skin fungus and bed sores because he was deprived of showers, according to court documents. His toe nails grew so long that they curled around his foot.

Slevin spent two weeks in a mental health facility in 2007 for psychiatric review, court documents said. His health improved there, but he was sent back to solitary confinement until his release.

Charges were finally dropped against Slevin when he was deemed unfit to participate in his own defense. Coyte says his client was let go only because his sister had started calling county officials and legislators asking about his condition.

According to MSN News, from the time of his arrest, Slevin wrote more than a dozen letters to the jail nurse:

“I have not slept in days,” says one letter from Sept. 4, 2005, a couple weeks into solitary confinement. “I’m in a deep depression.” The letter also mentions his lack of appetite. . .

Two months later, KOB.com reported, Slevin wrote a letter again pleading for help, saying, “My dreams have been both weird and bizarre.” By the end of November 2005, he wrote, “I’m afraid to close my eyes.”

[Read more...]

California Prison Conditions Driving Prisoners to Suicide

California Security Housing Unit Cell

California Security Housing Unit Cell

A court-appointed consultant, forensic psychiatrist Dr. Raymond Patterson, has reported that the California Department of Corrections and Rehabilitation (CDCR) has failed to effectively combat the large and escalating problem of suicides in the California prison system. According to reporting by KPCC, Patterson despondently asserted that his making any additional recommendations would be “a further waste of time and effort,” as recommendations over many years have gone unheeded.

The report comes as U.S. District Judge Lawrence Karlton is preparing a decision on whether or not California’s mental, mental health, and dental care must continue to be monitored by federal courts. In August 2012, then-CDCR Secretary Matthew Cate issued a plan to end federal oversight of California prison health care. “My goal is to end federal court oversight of medical, mental health and dental care by next year,” Cate said. Though Cate resigned in October, his enthusiasm for lifting federal court oversight has been championed by California Governor Jerry Brown. Brown has argued that California has made significant leaps in improving prison health care and addressing overcrowding.

According to reporting by the Los Angeles Times, the March 13 report by Patterson and five other experts reviewed 15 of 32 suicides in 2012. The report notes that prisoners housed in segregation units, Administrative Segregation Units and Security Housing Units, have a 33 times higher chance of suicide. According to Amnesty International, between 2006 and 2010, there was an average of 34 suicides in the California prison system a year, with 42 percent occurring in segregation units.

According to the LA Times reporting, “13 of the 15 deaths showed some form of inadequate assessment, treatment or intervention.” Three of the 15 prisoners had already undergone rigor mortis, meaning hours had gone by from the time of their death to the time they were found. Further, the California prison suicide rate of nearly 24 per 100,000 exceeds the national state prison average of 16 per 100,000.

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A Preventable Death in an Arizona Prison

Guest Post by Carl ToersBijns

Carl ToersBijns worked in corrections for over 25 years, holding the positions of a correctional officer, chief of security at a mental health treatment center, program director, associate warden, and deputy warden of administration and operations in both the New Mexico and Arizona Departments of Corrections. He  specializes in consulting and developing strategic plans for sound correctional practices, mental health treatment, security threat groups, training and staff development. He has published three books in the Wasted Honor Trilogy, as well as the book Gorilla Justice: Caged War Veterans, the Mentally Ill and Solitary Confinement, and has written blog posts on Corrections.com and as a guest writer for Yahoo. In the Anthony Lester case, he has been interviewed several times by local media on the subject of correctional practices and issues surrounding Lester’s death

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tony lesterThe nightmare started in 2009, when a young Native American man named Anthony Lester was convicted of his first felony offense–one count of aggravated assault for a stabbing that took place during a foiled suicide attempt–and sentenced to twelve years in an Arizona prison. Tony Lester had been diagnosed with schizophrenia while still in high school; he heard voices and had a history of mutilating and otherwise harming himself. He clearly needed help, so his family asked the Arizona Department of Corrections (ADC) to honor the court order that was issued by the judge hearing the case. That judge had stated that Lester should be housed in a mental health treatment unit rather than in the general population, where there is no immediate provision to treat those with severe mental illnesses, who have difficulty coping and functioning while incarcerated.

The ADC ignored the court order and housed Lester to Tucson State Prison, infested with Native American gangs demanding Lester pay protection for his presence on the yard. Tony Lester shared his concerns for his own safety with prison officials, and was segregated in a detention unit until his protective custody process was completed. The family informed officials of Lester’s mental illness, and their response was that this particular inmate was manipulative and trying to avoid living on the yard where he faced gang extortion.

Several times the family tried to get their point across–that Lester suffered from a debilitating mental illness, and that he was court ordered to remain on all psychotropic medications. The family was shocked when they found out that inmates have the right to refuse their medications and that Lester was still being housed in a tiny detention cell awaiting final disposition on his protective custody. While isolated in detention, Lester decompensated and was put on a suicide watch.

Then, on July 11, 2010, the family received a call  at 11:45 pm, telling them that Tony Lester had been taken to the hospital with non-life-threatening injuries. A call notifying them of his death came three hours later, 2:45 am. An investigation was conducted and the death was ruled a suicide by razor blade. The razor blade that Lester had used to mortally wound himself had been given to him by mistake by an officer who forgot to remove the razor from the prisoner’s personal hygiene kit, less than two days after he had come off a suicide watch.

[Read more...]

New Article in Fortune News: “Suffering in Solitary”

Solitary VortexThe title of this post is the title of an article by us that appears in the current edition of Fortune News, the publication of the Fortune Society, a remarkable group based in the New York City. The organization describes itself as follows: “The Fortune Society’s mission is to support successful reentry from prison and promote alternatives to incarceration, thus strengthening the fabric of our communities. We do this by: Believing in the power of individuals to change; building lives through service programs shaped by the needs and experience of our clients; and changing lives through education and advocacy to promote the creation of a fair, humane and truly rehabilitative correctional system.”

Our piece appears below, but be sure to check out Fortune News for more on solitary confinement and mental health, including a powerful piece by Wilbert Rideau about his time spent in solitary on Louisiana’s death row.

A 2003 report from Human Rights Watch found that, based on available data from states throughout the country, one-third to one-half of prisoners held in “secure housing units” (SHUs), and “special management units” (SMUs) suffered from mental illness. Since the total population of inmates in solitary confinement is thought to number 75,000 or more, tens of thousands of prisoners with mental illness may be in isolation on any given day.

The Human Rights Watch report concluded that “persons with mental illness often have difficulty complying with strict prison rules, particularly when there is scant assistance to help them manage their disorders….eventually accumulating substantial histories of disciplinary infractions; they land for prolonged periods in disciplinary or administrative segregation.” In other words, they are placed in solitary precisely because they display the symptoms of untreated mental illness. Given that isolation has been shown to cause severe psychological trauma in prisoners without underlying psychiatric conditions, it would be difficult to imagine a more damaging place to incarcerate the mentally ill.

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Indiana’s Treatment of Mentally Ill Prisoners in Solitary Confinement Violates Constitution

Isolation unit at Wabash Valley Correctional Facility.

Isolation unit at Wabash Valley Correctional Facility

Just before the new year began a Federal District Court Judge in Indianapolis handed down a decision with important implications for prisoners with mental illness in Indiana and across the country. Stating that “prison walls do not form a barrier separating prison inmates from the protections of the Constitution,” Judge Tanya Walton Pratt ruled that the treatment for mentally ill individuals in Indiana’s state prisons violated their Constitutional right to be free from cruel and unusual punishment.

As reported by the Indianapolis Star:

Weeks after a suicidal inmate at New Castle Correctional Facility told a prison doctor his behavior was the result of being placed in a segregation unit, the Indiana Department of Correction put the inmate back in an isolation cell.

Days later, he was dead — one of at least 11 mentally ill inmates who committed suicide while in IDOC segregation units from 2007 through July 2011.

Now, state officials and advocates are scrambling for solutions after a federal court found the treatment of mentally ill prisoners in segregation units at Indiana prisons violates the Eighth Amendment’s prohibition of cruel and unusual punishment.

U.S. District Judge Tanya Walton Pratt issued the decision Monday in a lawsuit filed by the American Civil Liberties Union of Indiana on behalf of the Indiana Protection and Advocacy Services Commission and a group of inmates.

Pratt found “mentally ill prisoners within the IDOC segregation units are not receiving adequate mental health care in terms of scope, intensity, and duration.”

The judge also noted IDOC was aware of concerns about its treatment of mentally ill prisoners and “has been deliberately indifferent.”

Ken Falk, the ACLU of Indiana’s legal director, hailed the ruling as a win not only for mentally ill inmates, but for all Hoosiers.

The majority of inmates with mental illness, Falk explained, eventually will be released, and it is better for everyone if their problems are addressed before they re-enter society. Treatment also can help reduce recidivism, saving tax dollars.

“The ACLU of Indiana is happy the court has entered this decision that will force the Indiana Department of Correction to provide minimally adequate treatment to prisoners who will one day rejoin society,” Falk said.

The judge’s order does not prescribe specific changes needed at IDOC. Instead, Pratt said further court proceedings will be conducted “as to the relief to which the plaintiffs are entitled.” In general, the order says, that means at least basic mental health care…

The piece goes on to discuss the “colliding trends” that have turned supermax prisons and solitary confinement units into the new warehouses for people with untreated mental illness.

[Read more...]

Mentally Ill Utah Prisoner Sentenced to 20 Days in Solitary for Not Moving Cup Fast Enough

Utah State Prison in Draper, Utah currently holds over 91 prisoners in solitary confinement in the Uinta One facility. Prisoners have described the facility as “a place of pain and terror” and a place where inmates “expect tragedy.”

While Utah Department of Corrections admits that the facility on occasion houses prisoners diagnosed as “mentally ill”, they point to the existence of the prisons Olympus Mental Health Forensic Facility.

According to the Utah Department of Corrections website:

Prisons and jails have become primary mental health care providers for mentally ill offenders in the criminal justice system. The mental health services provided by the Utah Department of Corrections is comprehensive and wide-ranging in its scope. Our mission is to provide comprehensive and cost-effective mental health treatment to those offenders who suffer from a serious mental illness.

The Clinical Services Bureau manages a 155-bed stand-alone housing unit for offenders with the most severe mental illnesses. This facility is designated to provide a therapeutic environment that promotes appropriate stabilization and behavioral change.

Solitary Watch has been in contact with an individual in the Olympus facility.  In his late 50s, he has been routinely transferred between Uinta One and Olympus for a decade. His medical documents indicate diagnoses for “Paranoid States (Delusional Disorders)…Other and Unspecified Protein-Calorie Malnutrition…Self-inflicted Injury By Cutting and Piercing Instrument” and other health issues. He reports constant harassment by the guards, who he says, among other things, falsely accused him of rules violations. In support of this, he provided documentation indicating that he was accused of a charge of “Abuse/Misuse Medications” based on “Some Evidence.” He was ultimately found not guilty of the charge, despite not participating in the Disciplinary Hearing.

“When people do wicked things to you and you complain, that isn’t paranoia, it’s circumstance driven. When you refuse to trust those whose conduct does not improve, that’s not paranoia. It’s recognition of active unremitting threat,” the prisoner writes. He reports having been placed in a wheelchair and being “upended onto my face” when the guard pushing the wheelchair “made a typical fast hard turn.” After the incident, he received “No apology from anyone whatsoever…I was told to wait until a nurse came to check on me…back in this cage I sat unmoving. I couldn’t get off the chair and on the ‘bed’…My ears are ringing incessantly…I can’t sleep more than two-hours…My eyes aren’t properly focusing,” he reports.

A month before this, he was found guilty of “Refuse Order” (see image), because he did not “fully and imediatly[sic] comply” with an order to remove an “empty cup and hand from the cuff slider.” When chastised for his behavior, according to the report, he was “disrepectful” to the staff. For this, he was ordered to 20 days in “Punitive Isolation” and assessed a $150 fine.

When asked to provide the policies that guide such punitive measures, Department Spokesman Stephen Gehrke was unaware that such policies are in writing. “I’m not aware whether there is some sort of document or guideline that lists offenses and punishments or repercussions on a case-by-case basis. I believe the response to each incident is specific to the individual details of each circumstance and takes into account aggravating or mitigating factors, which is why the prison employs hearing officers to listen to the offender’s account, review documents, and take into account all other forms of information,” he wrote via email.

“‘This is prison medicine–we don’t care and we don’t have to!’,” the prisoner in Olympus characterizes the approach of the prisons medical officials.

This kind of treatment of people in prison is all too common in the United States. A 2003 Human Rights Watch report estimated that one-third to one-half of individuals in American isolation units were diagnosed with a mental health problem. As of September 2011, one-third of Virginia’s Red Onion State Prison supermax population had a mental health diagnosis. The individual in Olympus is among many in isolation units who attempt suicide while in solitary confinement.  In 2006, it was noted that in California and Texas, suicides in prison disproportionately occurred in solitary confinement units.

Click here to read more of Solitary Watch’s reporting on Utah’s use of solitary confinement.