Florida Bill Would Limit Use of Solitary Confinement on Children

When asked to describe his experience in solitary confinement in a Florida jail at the age of 16, Henry R. (pseudonym) stated:

The only thing left to do is go crazy—just sit and talk to the walls… I catch myself [talking to the walls] every now and again. It’s starting to become a habit because I have nothing else to do. I can’t read a book. I work out and try to make the best of it. But there is no best. Sometimes I go crazy and can’t even control my anger anymore… I can’t even get [out of solitary confinement] early if I do better, so it is frustrating and I just lose it. Screaming, throwing stuff around… I feel like I am alone, like no one cares about me sometimes I feel like, why am I even living?

The quote comes from the 2012 report Growing Up Locked Down, which covers the use of solitary confinement on children and teens under the age of 18 in U.S. jails and prisons. The comprehensive report, prepared by the ACLU and Humans Rights Watch, calls for an end to the isolation of young people, based on evidence of the profound psychological damage such isolation can cause.

Now, Florida legislators are considering a bill that would help prevent kids like Henry R. from being subjected to the abusive use of solitary confinement. Filed last month by State Senator Audrey Gibson, the bill, called the Youth in Solitary Confinement Reduction Act (SB 812), seeks to reduce the detrimental impact of solitary confinement on young persons by prohibiting the use of the practice except under specific circumstances.

The proposed legislation requires that the confinement be “the least restrictive to maintain the safety of the youth prisoner and the institution.” The bill further imposes time limits on the use of confinement by situation, restricting emergency confinement and disciplinary confinement to 24 and 72 hours, respectively, also requiring time out of solitary cells to lessen the effects of psychological damage.

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Photography Exhibition Highlights Children in Solitary

We’ve written before about Richard Ross’s powerful photographs of children in the American criminal justice system. Ross’s Juvenile-in-Justice project now includes a book and a website, and his photos are currently being exhibited at the Ronald Feldman Gallery in New York City through February 16. While the project does not focus solely on solitary confinement, a shocking number of photographs show children–including some very young children–in isolation in facilities across the country. To see the full gallery of photos, click here.

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Kids in Solitary Confinement: America’s Official Child Abuse

The title of this post is the title of our most recent piece for The Guardian. It draws on a new report released yesterday by Human Rights Watch and the American Civil Liberties Union, titled Growing Up Locked Down: Youth in Solitary Confinement in Jails and Prisons Across the United States. The report is a shocking and powerful document, and should not be missed. Our piece on it follows.

Molly J said of her time in solitary confinement: “[I felt] doomed, like I was being banished … Like you have the plague or that you are the worst thing on earth. Like you are set apart [from] everything else. I guess [I wanted to] feel like I was part of the human race – not like some animal.”

Molly was just 16 years old when she was placed in isolation in an adult jail in Michigan. She described her cell as “a box”: “There was a bed – the slab. It was concrete … There was a stainless steel toilet/sink combo … The door was solid, without a food slot or window … There was no window at all.”

Molly remained in solitary for several months, locked down alone in her cell for at least 22 hours a day.

No other nation in the developed world routinely tortures its children in this manner. And torture is indeed the word brought to mind by a shocking report released today by Human Rights Watch and the American Civil Liberties Union. Growing Up Locked Down documents, for the first time, the widespread use of solitary confinement on youth under the age of 18 in prisons and jails across the country, and the deep and permanent harm it causes to kids caught up in the adult criminal justice system.

Ian Kysel, author of the 141-page report, interviewed or corresponded with more than 125 young people who had spent time in solitary as children in 19 states. To cope with endless hours of extreme isolation, sensory deprivation and crippling loneliness, Kysel learned that some children made up imaginary friends or played games in their heads. Some hid under the covers and tried to sleep as much as possible, while others found they could not sleep at all.

“Being in isolation to me felt like I was on an island all alone dying a slow death from the inside out,” a California teen wrote in a letter to Human Rights Watch.

One young woman, who spent three months in solitary in Florida when she was 15, described becoming a “cutter” while in isolation: “I like to take staples and carve letters and stuff in my arm … Each letter means something to me. It is something I had lost.” She started by carving into her arm the first letter of her mother’s name. Another girl who cut herself in solitary said, “because it was the only release of my pain.”

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Scientists Discover How Social Isolation Damages Young Brains

In his groundbreaking 2009 New Yorker article on solitary confinement as torture, Atul Gawande described a researcher in the 1950s who raised a group of baby Rhesus monkeys in complete isolation from one another. While they grew up physically healthy, the monkeys “were also profoundly disturbed, given to staring blankly and rocking in  place for long periods, circling their cages repetitively, and mutilating  themselves.”

Nearly identical behaviors have, of course, been observed in humans subjected to solitary confinement, both anecdotally and by researchers like Stuart GrassianCraig Haney, and Terry Kupers, among others. Grassian described a specific psychiatric syndrome that affects prisoners in prolonged solitary, that includes symptoms such as hypersensitivity to external stimuli; perceptual distortions, illusions, and hallucinations; panic attacks; difficulties with thinking, concentration, and memory; intrusive obsessional thoughts; overt paranoia; and problems with impulse control. The effects of solitary on young people, with their still-developing brains, are presumed to be even worse.

Now, according to an article on LiveScience, scientists have uncovered new information on precisely how isolation affects the brain. Reporting on findings published in the latest issue of the journal Science, LiveScience’s Stephanie Pappas writes:

Social isolation in youth may wreak havoc on the brain by disrupting a protein crucial to the development of the nervous system’s support cells, new research finds.

A new study in mice finds that when the animals are isolated during a crucial early period, brain cells called oligodendrocytes fail to mature properly. Oligodendrocytes build the fatty, insulating sheathes that cushion neurons, and their dysfunction seems to cause long-lasting behavioral changes.

Research in rhesus monkeys and humans has shown that social isolation during childhood has an array of nasty and lifelong effects, from cognitive and social problems in neglected children to working memory troubles in isolated monkeys. These children and monkeys also show abnormalities in the white matter of the brain, which includes support cells such as oligodendrocytes as well as the fat-covered neural projections that act as the brain’s communication system.

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Controversy Over Kids in Solitary Confinement in Texas

Not to be missed (though we did, initially) is a recent post on the Texas criminal justice blog Grits for Breakfast, titled Solitary Confinement at Texas Youth Prisons: A Brief History. As blogger Scott Henson points out, every time violence increases in the youth prisons under the management of the Texas Juvenile Justice Department, elected officials begin calling for an expanded use of solitary confinement–which in Texas goes under the euphemism of “behavioral management plans.”

The latest round in this battle concerns the opening of a new block of solitary confinement cells for violent and disruptive teenagers. To its credit, the leadership of the TJJD appears to be opposing the move, arguing that it will disrupt any educational and rehabilitative efforts. But the chair of the Texas Senate’s Criminal Justice Committee, John Whitmire (a Houston Democrat), supports the expanded use of isolation, according to an article in the Austin American-Statesman, and referred to the kids in questions as “thugs”:  ”They should already have opened that place — for safety, for common sense. This boils down to a policy by some of ‘hug a thug’: If you just talk to the worst offenders enough, they’ll be nice. That’s crazy.”

If the pro-solitary camp prevails, Henson points out, it may eventually run into legal limits placed on the use of juvenile solitary confinement, based on a federal lawsuit settlement that dates back to the 1980s. According to a 2008 report by the juvenile justice system’s ombudsman:

The 1983 settlement agreement that ended litigation in Morales v. Turman prohibits facilities from using isolation as a mode of retaliation or as a first-resort punishment, and limits its use to when the facility’s superintendent agrees that an inmate is out of control and dangerous. When the inmate is sufficiently under control, he or she shall be released. Isolation should not be used for more than 3 hours. The agreement, with a few exceptions, allows placement in security only as a last resort, and for no longer than 24 hours. If the inmate is kept in security longer than 24 hours, he or she is entitled to impartial review and appeal of his or her confinement. While in isolation or security, inmates must receive: daily visits from the superintendent and personnel from clinical, social work, and medical units; appropriate psychological and medical services; and the same food, prepared in the same manner, as other inmates.

Whitmore and other advocates of expanded solitary confinement, however, seem determined not to let a mere federal court order stand in their way. Henson argues that they are using solitary as a punitive response rather than look at the staffing and structural problems that actually contribute to violence in youth facilities.

The controversy over juvenile solitary confinement is playing out in other states, as well. The practice was recently banned in Mississippi after revelations of horrendous abuses at a privately run youth facility. But in New York City, the use of solitary confinement for everyone, including kids, is on the rise, despite ample evidence of other problems increasing violence in Rikers Island’s youth jail. And in California, a bill that would have placed some modest limits on the widespread use of juvenile solitary couldn’t even make it out of committee. All of which goes to show, once again, that there are no red or blue states when it comes to the issue of solitary confinement.

Children in Solitary

This week, the The American Academy of Child and Adolescent Psychiatry released a policy statement condemning the use of solitary confinement for juveniles. There is no comprehensive data on how many teens and even younger children are in solitary confinement in the United States, but it is safe to say that the number run into the thousands. Juveniles in adult prison often end up in solitary confinement, and isolation is widely used in juvenile facilities as well.

On the ACLU “Blog of Rights” today, David Fathi, Director of the ACLU’s National Prison Project, puts the statement in context:

As any parent knows, teenagers are different than adults. This common-sense observation is backed by hard scientific evidence; we know that an adolescent’s brain continues to grow and develop well into his or her twenties. The fact that teenagers’ brains are still developing makes them especially vulnerable to trauma of all kinds, including the trauma of social isolation and sensory deprivation.

That’s why the leading American child psychiatry association just approved a policy statement opposing the use of solitary confinement in correctional facilities for juveniles. The American Academy of Child & Adolescent Psychiatry represents over 7,500 child and adolescent psychiatrists and other interested physicians.

This groundbreaking policy statement from adolescent psychiatry experts comes not a moment too soon. While recent settlements in ACLU lawsuits in Montana and Mississippi include limits on solitary confinement for youth, the practice remains alarmingly widespread, with thousands of persons under 18 held in solitary on any given day, in juvenile facilities as well as in adult jails and prisons. I remember the first time I visited a 13-year-old boy in solitary in an adult prison – his voice hadn’t changed yet and he was too young to shave, but that didn’t save him from being locked alone in a cell for 23 hours a day.

Solitary confinement can be harmful for people of any age, but it’s especially damaging to youth. The 17-year-old plaintiff in the ACLU’s Montana case tried to kill himself several times while in solitary confinement in an adult prison. And while youth in solitary are a relatively small percentage of the total population of juvenile facilities, they account for more than half of the suicides.

Fortunately efforts are underway to end this inhumane and destructive practice. In California, Sen. Leland Yee introduced a bill to ban solitary confinement for juveniles except in the most exceptional circumstances. The bill attracted considerable support, but eventually failed to pass out of committee. And in West Virginia, the Division of Juvenile Services recently announced a state-wide ban on the practice.

Click here to read the rest, and to sign the ACLU’s petition against solitary confinement.

Children in Lockdown: Solitary Confinement of Teens in Adult Prisons

While there are no concrete numbers, it’s safe to say that hundreds, if not thousands of children are in solitary confinement in the United States–some in juvenile detention facilities, and some in adult prisons. Short bouts of solitary confinement are even viewed as a legitimate form of punishment in some American schools.  In this first post on the subject, we address teenagers in solitary confinement in adult prisons.

In large part, this grim reality is simply a symptom of the American criminal justice system’s taste for treating children as adults. A study by Michele Deitch and a team of student researchers at the University of Texas’s LBJ School found that on a given day in 2008, there were more than 11,300 children under 18 being held in the nation’s adult prisons and jail. According to Deitch’s 2009 report From Time Out to Hard Time, ”More than half the states permit children under age 12 to be treated as adults for criminal justice purposes. In 22 states plus the District of Columbia, children as young as 7 can be prosecuted and tried in adult court, where they would be subjected to harsh adult sanctions, including long prison terms, mandatory sentences, and placement in adult prison.” These practices set the United States apart from nearly all nations in both the developed and the developing world.

Documentation on children placed in solitary confinement in adult prisons is spotty. But the cases of several teens in long-term lockdown have been featured in recent reports on kids sentenced to life without parole (another uniquely American practice, addressed in an earlier post.)

According to a 2005 report by Amnesty International and Human Rights Watch, teenagers in adult prisons often end up in solitary, either because they are considered disciplinary problems, because they feel compelled to join prison gangs, or because they have to be isolated from adult offenders “for their own protection.” An administrative officer at the supermax Colorado State Penitentiary (CSP) who was interviewed for the report believed the behavior that lands kids in solitary is often defensive:

One [factor] is age—when you come in at a young age with life without, there’s not a whole lot of light at the end of the tunnel. Also, it’s kind of a guy thing: the young ones come in with a lot of fear, anxiety, paranoia, and they want to make a name for themselves—so they have a tendency to act out. And if they are part of a gang, they are almost required to act out . . . They say [to themselves] “I’ve got to impress everyone with what a bad-ass I am.”

The PBS “Frontline” documentary When Kids Get Life focuses on five children in Colorado who were among 45 juveniles serving LWOP in the state in 2007 . Among them is Andrew Medina, convicted in 1999, when he was age 15, of taking part in a botched carjacking that led to murder.  He is in solitary confinement at CSP, where he was interviewed in 2004 by Human Rights Watch. As reported on the “Frontline” web site:

For unclear reasons, Andy, who has been in prison for nearly eight years from the time of his first arrest, is now jailed at the Colorado State Penitentiary, the state’s “supermax” high-security prison. Andy was transferred to the supermax roughly a year after his sentencing, when prison officials claimed he was the leader of a gang that had started a riot.

Andy explained the sequence of events as best he understands them to Human Rights Watch: “They were doing a routine shakedown of our cell. … I guess they found some contraband, … so they end up giving me twenty days punitive [solitary confinement]. I was getting ready to go back in the population. … All the beds were filled up so they were waiting for somebody to get in trouble, go to segregation, before I could go back out there. Then out of the blue, I’m ready to go, and they serve me … papers saying, we got confidential information that you’re involved with this security group [gang]. … I didn’t understand, you know? It just came out of the blue.”

Andy’s lawyer says he has no tattoos or gang symbols and that it’s ludicrous to think that a teenager could head a prison gang. But when Andy sent a letter asking to involve his lawyer in a review of the transfer decision, he was told no private counsel are permitted to intervene in the process and that its proceedings are confidential.

The state says Andy has not made enough progress to transfer back to a lower-security prison. Over the course of more than four years in the supermax, his lawyer says he’s developed twitches and become demoralized. Andy’s mother lamented the limits imposed on their visits: “I can’t hug him or give him a kiss on the cheek or buy him a pop or a snack or anything, no. He’s alive, but it feels like he’s not,” she told “Frontline.”

Ian Manuel in 2007, after more than 15 years in solitary for a crime committed at age 13. Photo by Glenn Paul from "Cruel and Unusual."

Some children have entered lockdown when they were even younger than Andrew Medina. A 2007 report from the Equal Justice Initiative, Cruel and Unusual: Sentencing 13- and 14-Year-Old Children to Die in Prison, described the case of Florida prisoner Ian Manuel, who was “raised in gruesome violence and extreme poverty,” raped by a sibling at age four. “When Ian was 13,” the report continues, ”he was directed by gang members to commit a robbery. During the botched robbery attempt, a woman suffered a nonfatal gunshot wound and a remorseful Ian turned himself in to the police. Ian’s attorney instructed him to plead guilty and told him he would receive a 15-year sentence.” Instead, he was sentenced to life without the possibility of parole.  

Ian Manuel was also featured in a powerful article by Meg Laughlin, published in 2006 in the St. Petersburg Times, on solitary confinement in Florida, which has the nation’s highest percentage of prisoner’s in lockdown. Laughlin wrote about the nearly 15 years Manuel had spent in lockdown.

Now 29, Manuel has spent half his life in a concrete box the size of a walk-in closet. His food comes through a slot in the door. He never sees another inmate. Out of boredom he cuts himself just to watch the blood trickle. Attorneys who advocate on behalf of prisoners call Manuel “the poster boy” for the ill effects of solitary confinement….

In 1991, when Manuel arrived at the prison processing center in Central Florida, he was so small no one could find a prison uniform to fit him, Ron McAndrew, then the assistant warden, recalled. Someone cut 6 inches off the boy’s pant legs so he would have something to wear. “He was scared of everything and acting like a tough guy as a defense mechanism,” said McAndrew, now a prison and jail consultant in Florida. “He didn’t stand a chance in an adult prison.”

Within months, Manuel was sent to Apalachee Correctional Institution in Jackson County, which McAndrew called “one of the toughest adult prisons in the state.” At Apalachee, the boy mouthed off to other inmates and correctional officers and made obscene hand gestures, racking up disciplinary infractions that landed him in solitary.

On Christmas Eve 1992, he was allowed to make one phone call. He called Debbie Baigrie, the woman he had shot. “This is Ian. I am sorry for all the suffering I’ve caused you,” she remembers him saying. They began to correspond regularly. Baigrie said she was impressed with how well he wrote.

She asked prison officials to let him take the General Educational Development test and take college courses. “I got a second chance in life. I recovered and went on,” Baigrie said. “I wanted Ian to have the same chance.” But the rules of solitary forbade Manuel from participating in any kind of self-improvement or educational program. Instead, he sat in his cell day in and day out, without reading materials or human interaction, racking up more infractions for “disrespect,” which only extended his time in solitary.

After several years, Baigrie gave up. “Not because of Ian,” she said, “but because the system made it impossible for him to improve. What does it say when a victim tries to do more for an inmate than the very system that’s supposed to rehabilitate him?”…

“It’s my belief,” [Manuel said at a federal court hearing], “that the reason I haven’t been able to progress off CM (close management) all these years is the way the system is set up. One DR (disciplinary report) will keep you there for six months and those six months add up to years and those years turn into decades.” In the past seven months, prison records show Manuel received three disciplinary writeups: one for not making his bed, another for hiding a day’s worth of prescription medicine instead of taking it, and yet another for yelling through the food flap when a correctional officer refused to take his grievance form. Those reports extended his stay on the strictest level of solitary for nine months.

Manuel told the judge that in isolation he has become a “cutter,” slicing his arms and legs with whatever sharp object he can find – a fragment of a toothpaste tube or a tiny piece of glass….In the past year, Ian Manuel has attempted suicide five times. In late August he slit his wrists. A prison nurse closed the wounds with superglue and returned him to his solitary cell. When the judge asked him why he attempted suicide, Manuel said, “You kind of lose hope.”

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