Guarding the Fortresses: How Prison Policies Limit Media Access to Solitary Confinement

March 5, 2013 By 5 Comments

adx watchtowersJournalists face serious obstacles to reporting on prisons–and even more to uncovering the truth about solitary confinement. (See James Ridgeway’s essay “Fortresses of Solitude.”)

Public oversight of governmental institutions, which can help to prevent corruption and abuse by those in power, is seen as a hallmark of an engaged, democratic citizenry. However, when it comes to obtaining information about individuals kept in solitary confinement, the press, and by extension the public, are often kept in the dark.

The Supreme Court ruled, in Pell v. Procunier, that the First Amendment does not guarantee the press special access to prisons beyond what is generally afforded the public. The Court reasoned that since other methods of communication feasibly exist, like letter writing, freedom of the press is not compromised by even severe limitations on access to prisons and prisoners. Suffice to say, these barriers to entry and examination, involving layers of bureaucracy as well as outright bans, help to minimize investigative inquiry and avoid close scrutiny of prison practices.

The Society for Professional Journalists recently published a study by Jessica Pupovac of press access policies to prisons in general, which vary greatly from state to state. Policies related to solitary confinement tend to be even more restrictive, and even more variable.

In an investigation of the prison systems with the largest numbers of prisoners in solitary confinement, Solitary Watch has compiled a brief summary of some notable differences and takeaways between the states’ policies.  We examined the Federal Bureau of Prisons, California, Florida, Illinois, Louisiana, New York, Ohio, Pennsylvania and Texas.

Differences in policy are evidenced by–among other things–supervision of interviews, access to certain types of prisoners, access to certain areas of prisons, and the ability to use recording devices. Many states leave themselves the right to deny interviews if they feel it will cause “a disturbance” but none of the policies state what that would qualify or how that would be measured, and thus the bottom line is that in most cases, prison officials usually have considerable latitude in deciding whether a reporter may interview a particular prisoner.

Our hope is that this initial look will spark a wider conversation about public awareness with regards to U.S. citizens who are locked away for weeks, months, or years in solitary confinement.  While there are alternative means for obtaining information, these are often insufficient in eliciting the types of things that can be learned through a journalist’s first-hand observations, and through face-to-face conversation.

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Filed Under: California, civil liberties/civil rights, Constitution, featured posts, Florida, Illinois, Louisiana, media, New York, Ohio, Pennsylvania, solitary confinement, supermax prisons, Texas Tagged With: , , , , ,

Fortresses of Solitude: Journalists Barred from Prison Isolation Units

March 5, 2013 By 9 Comments

The following essay by Solitary Watch’s James Ridgeway appears in the current issue of the Columbia Journalism Review, which also includes an excellent story on the difficulties involved in reporting on prisons in general. For more on prison media policies, see our accompanying article by Rachel M. Cohen.

adx-florence-4Supermax prisons and solitary confinement units are our domestic black sites—hidden places where human beings endure unspeakable punishments, without benefit of due process in any court of law. On the say-so of corrections officials, American prisoners can be placed in conditions of extreme isolation and sensory deprivation for months, years, or even decades.

At least 80,000 men, women, and children live in such conditions on any given day in the United States. And they are not merely separated from others for safety reasons. They are effectively buried alive. Most live in concrete cells the size of an average parking space, often windowless, cut off from all communication by solid steel doors. If they are lucky, they will be allowed out for an hour a day to shower or to exercise alone in cages resembling dog runs.

Most have never committed a violent act in prison. They are locked down because they’ve been classified as “high risk,” or because of nonviolent misbehavior—anything from mouthing off or testing positive for marijuana to exhibiting the symptoms of untreated mental illness.

A recent lawsuit filed on behalf of prisoners in adx, the federal supermax in Florence, CO, described how humans respond to such isolation over the long-term. Some “interminably wail, scream, and bang on the walls of their cells” or carry on “delusional conversations with voices they hear in their heads.” Some “mutilate their bodies with razors, shards of glass, sharpened chicken bones, and writing utensils” or “swallow razor blades, nail clippers, parts of radios and televisions, broken glass, and other dangerous objects.” Still others “spread feces and other human waste and body fluids throughout their cells [and] throw it at the correctional staff.” While less than 5 percent of US prisoners nationwide are held in solitary, close to 50 percent of all prison suicides take place there.

After three years of reporting on solitary confinement for Solitary Watch, a website I co-founded, I’m convinced that much of what happens in these places constitutes torture. How is it possible that a human-rights crisis of this magnitude can carry on year after year, with impunity?

I believe part of the answer has to do with how effectively the nature of these sites have been hidden from the press and, by extension, the public. With few exceptions, solitary confinement cells have been kept firmly off-limits to journalists—with the approval of the federal courts, who defer to corrections officials’ purported need to maintain “safety and security.” If the First Amendment ever manages to make it past the prison gates at all, it is stopped short at the door to the isolation unit.

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Filed Under: California, civil liberties/civil rights, Colorado, Constitution, featured posts, Illinois, Maine, media, New York, solitary confinement, supermax prisons Tagged With: , , , , , , ,

As Washington State Prisons Begin Reforms, 800 Remain in Solitary Confinement

January 16, 2013 By 4 Comments
IMU at Stafford Creek Correctional Center, Credit: TONY OVERMAN

IMU at Stafford Creek Correctional Center, Credit: TONY OVERMAN

On January 7th, the Seattle Times reported that “Washington’s prisons are at the forefront of a new approach to solitary confinement, finding that a new focus on rehabilitation may calm some inmates’ behavior in prison and prevent violence once they are back on the street.” The article reports:

[Washingon] began reconsidering solitary after violent clashes in IMU units at Shelton in the mid-1990s. About 400 of the state’s 17,500 inmates are in such units, which also house death-row prisoners and those in protective custody.

University of Washington professor David Lovell studied solitary confinement in the state under a DOC contract, and found the isolated inmates were most often gang members serving long sentences for violent crimes. Up to 45 percent were mentally ill or had traumatic brain injuries.

And once in solitary, they stayed in — for nearly a year, on average — because prison staff were reluctant to send likely violent inmates back into the general population.

Those who were released often returned, after committing new assaults on corrections officers or other inmates.

Most disturbing, Lovell found a quarter of inmates were released to the streets directly from solitary confinement. Unaccustomed to human contact, they were more prone to quickly commit new violence.

Life in the IMU, or Intensive Management Unit, has been described by one man in a letter to Solitary Watch:

You are not allowed meaningful recreation, just an hour of exercise an empty 15 x 12 cell, no church attendance, real library service or educational programming. All of your personal possessions are denied to you. You will remain in your 7×12 cell for 23 of every 24 hours five days a week. Two days a week you will not come out of your cell at all. You will eat all of your meals within a few feet of your toilet. You will be in handcuffs each and every time your cell door is opened for any reason.

The Seattle Times reports that Clallam Bay Corrections Center’s Intensive Transition Program (ITP) is a four-step, nine-month long process with gradually increasing privileges. Inmates participating in the program are allowed time out of their cells for coursework (while chained to desks) and the gym. As of last week, there were thirty participants in the program.

There are, however, some questions and information missing from the story. Using the Seattle Times numbers, Washington DOC holds approximately 400 inmates in solitary confinement out of 17,500 (or, 2.7%). A July 2012 News Tribune article even concluded that this figure indicates that “Isolating prisoners less common in Washington than most places.” This is slightly less than the 3-5% of inmates the average state prison system has in solitary confinement.

However, the 400 figure only counts inmates in Intensive Management Units. According to Chad Lewis from the Washington Department of Corrections: “Today we have approximately 430 offenders on Administrative Segregation Status.  This includes offenders at all custody classification levels.  The reasons for placement/retention include:  Pending investigation, Pre-hearing confinement, Disciplinary Sanctions, Pending transfer.   Administrative Segregation is a short term assessment process, used to identify the appropriate housing assignment for the offender.  Typical length of stay is less than 47 days, exceptions require approval at the Headquarters level.”

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Filed Under: media, solitary confinement, supermax prisons, Washington Tagged With: , , , , ,

The “Torture of Isolation” Gains Media Attention

June 27, 2012 By 7 Comments

“The Torture of Isolation” is the title of a post on Andrew Sullivan’s hugely popular blog The Dish, at the Daily Beast. The post features a new video from Reason TV, a project of the libertarian foundation that also publishes Reason magazine. Reason’s editor-in-chief Nick Gillespie interviews SW’s James Ridgeway on solitary confinement in U.S. prisons and jails.

Also referenced in Sullivan’s post is a new piece by Time magazine’s legal columnist Adam Cohen, titled “It’s Time to End Solitary Confinement in U.S. Prisons“–one of many editorial, op-eds, and articles that follow up on the historic June 19 Senate hearing on solitary. Cohen writes:

Solitary confinement takes a brutal toll on anyone subjected to it — often pushing them past the breaking point. At last week’s congressional hearing, one former inmate — who was released from a Texas prison in 2010 after being exonerated — said that solitary confinement is “by its design driving men insane.” About half of suicides and a disproportionate amount of cases of self-mutilation occur among inmates in solitary. It is not just modern sensibilities that are offended by the cruelty of solitary confinement. Charles Dickens called it a “dreadful” punishment and declared it mentally torturous in ways that “none but the sufferers themselves can fathom, and which no man has a right to inflict upon his fellow creatures.”

Rather than reserving solitary confinement for the most vicious, unrepentant criminals, American prisons dole it out in heaping portions — and often for no good reason. Some inmates are put in solitary confinement for repeated violations of minor prison rules. There was a report at the congressional hearing of a prisoner who was caught with 17 packs of cigarettes and given 15 days for each pack, or eight months. Worse still: many inmates are put in solitary not because they have done anything wrong, but for their own protection. This includes victims of in-prison attacks and sexual assaults, gay inmates and children.

Adding to the numbers: the 1990s boom in Supermax prisons, which were built to house inmates in solitary confinement. One 2005 study found that 40 states were operating Supermax, or similar-styled, prisons, which held 25,000 inmates. But many ordinary prisons also place inmates in solitary — generally at the unchecked discretion of corrections officials.

Also see the latest batch of strongly worded editorials opposing the use and abuse of solitary confinement, not only in the New York Times, but also in smaller papers like the St. Louis Post-Dispatch, Pittsburgh Post-Gazette, and Toledo Blade. Or Google “solitary confinement Senate hearing” to view the widespread coverage this event received. And consider that just two years ago, it was highly rare to see any mention of this issue outside of Solitary Watch–a tribute to the prisoners, advocates, and grassroots activists who have made solitary confinement in America increasingly impossible to ignore.

Filed Under: media, solitary confinement, torture Tagged With: , , , , , , ,