Seven Days in Solitary [5/4/13]

May 4, 2013 By Leave a Comment

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Media coverage on the urgency of closing Guantanamo was particularly heavy this week, with numerous organizations and groups calling on President Obama to take immediate action. Most recently, The Economist described the prison as “a deeply un-American disgrace” in a story entitled “Guantanamo: Enough to make you gag,” an obvious reference to the unethical force-feeding of hunger strikers by authorities at the prison. The story outlines the U.S. government’s failure to take action to close the prison camp, concluding ”Mr. Obama should think about America’s founding principles, take out his pen and end this stain on its history.”

•  The Los Angeles Times reports that California Gov. Jerry Brown “appealed for relief from court orders over prison conditions” within just 24 hours of unveiling his plan to reduce overcrowding in the state’s prisons, which, according to another Times story, “would free some inmates early to ease crowding, but still miss court’s target.”

•  The Los Angeles Times reports that people held in isolation in the Security Housing Unit (SHU) at Pelican Bay State Prison are seeking class-action status in their federal lawsuit “alleging the state’s segregation policies equate to cruel and inhumane treatment.” In the motion filed  in U.S. District Court in Oakland, the plaintiffs assert that they have been subjected to prolonged confinement in ”windowless cells… with little meaningful contact with others, restricted food, limited communication and no access to educational or treatment programs.”

•  The Denver Channel reports that Evan Ebel, who is suspected of killing Colorado’s prison chief, filed two grievances in the final days of his incarceration in which he appealed his being kept in isolation up until his release, writing ”Do you have an obligation to the public to reacclimatize ‘dangerous’ inmates to being around other human beings prior to releasing them into society after they have spent years in solitary confinement & if not, why not?”

•  Slate publishes a three-part series of excerpts from the declassified memoirs of Mohamedou Ould Slahi, who has been held at the military prison at Guantanamo Bay for almost 11 years. The story describes Slahi’s handwritten 466-page manuscript as “a harrowing account of his detention, interrogation, and abuse.”

•  WHYY Public Media discusses the history of solitary confinement and the contemporary controversies surrounding these isolation practices in a Radio Times program. Guests include Sean Kelley (Senior Vice President and Director of Programming and Public Relations at Eastern State Penitentiary), Jules Lobel (University of Pittsburgh Law Professor and President of the Center for Constitutional Rights) and Shirley Moore (Executive Deputy Secretary of the Pennsylvania DOC).

•  Stars and Stripes reports on “life under lockdown”  for Guantanamo detainees, stating that “[w]ith nearly every one of the 166 Guantanamo prisoners now under lockdown — back in solitary existence after years of communal living — the military has reverted to a battle rhythm reminiscent of the Bush administration.”

•  Sharon Herald reports on the federal lawsuit filed by the Disability Rights Network of Pennsylvania and the ACLU charging that the use of solitary confinement on mentally ill people in Pennsylvania prisons qualifies as a violation of Constitutional rights. The lawsuit, which is seeking “changes in the way prisons respond to the mentally ill,” describes the state’s use of solitary confinement on mentally ill people as a “Dickensian nightmare.”

• James Ridgeway was named a finalist for an NCCD Media for a Just Society Award for his article on growing old in prison, “The Other Death Sentence.”

 

Filed Under: civil liberties/civil rights, human rights, lawsuits/litigation, mental illness, solitary confinement, torture Tagged With: , , , , , , , , , , , , , , , , , ,

Seven Days in Solitary [4.27.13]

April 27, 2013 By 1 Comment

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  The Queens Chronicle reports on efforts by activists and New York City Council Members to increase transparency and and place stricter limits on the use of solitary confinement in New York City’s jails.

•  Susan Greene, in the Colorado Independent, continues her reporting on how years of solitary confinement may have affected Evan Ebel, prime suspect in the killing of Colorado prisons chief Tom Clements.

•  Albany Times Union reports on the widespread use of solitary confinement on people with mental illness in New York State. The damage caused by solitary is illustrated in the story of the formerly incarcerated Jeff Rockefeller, who to this day struggles with uncontrollable crying, difficulty sleeping and nightmares.

•  Human Rights Watch reports  that 93 of the 166 detainees have joined the hunger strike at Guantanamo.

•  The Houston Chronicle reports on two bills currently under consideration by the Texas Legislature (House Bill 1266 and Senate Bill 1003) that would call for an examination of the state’s use of solitary confinement in order to identify feasible alternatives the practice. In the article, Texas death row exonoree Anthony Graves provides a powerful account of the tortuous conditions to which he was subjected in his over 18 years of administrative segregation.

•  The Sidney Hillman Foundation announces Shane Bauer as a a 2013 Hillman Prizes recipient for his article “No Way Out: A Special Report on Solitary Confinement from Former Hostage Shane Bauer.” The prize is awarded to “journalists whose work highlights important social and economic issues and helps bring about change for the better.”

•  The ACLU reports on a series of proposed bills that would restrict the use solitary confinement on youth in Texas. The story also details the state’s “failure  to take into account age when determining if a kid should be placed in solitary and a disregard for the mental-health of children held in isolation.”

•  KUT News reports on the abusive use of solitary confinement on youth in Texas, stating “juvenile offenders in Texas were placed in solitary confinement 36,820 times last year.”

•  Rabbi Shmuly Yanklowitz speaks out against the use of solitary confinement on youth, calling for support of a proposed bill in California (SB 61) that would “lead the way nationally in increasing access to rehabilitation and reducing harm for our young people.”

•  Prisoners rights group NCTT-Cor-SHU alleges that, in a blatant disregard of California state policies, administrators at Corcoron SHU instructed staff to cease all medical treatment of hunger strikers at the facility.

• Angola 3 News features an interview with Teresa Shoats, daughter of Russell Maroon Shoats, who has spent 28 of the last 30 years in solitary confinement in Pennsylvania prisons, and is now the subject of an activist campaign to win his release from isolation.

Filed Under: mental illness, psychological effects, solitary confinement, supermax prisons, torture Tagged With: , , , , , , , , , , , , , , ,

“Systemic Failures Persist” in California Prison Mental Health Care, Judge Rules

April 8, 2013 By 4 Comments
California Security Housing Unit Cell

California Security Housing Unit Cell

California Governor Jerry Brown’s bid to end federal control over the state prison system’s mental health system was denied in federal court on Friday, April 5, in a sharply worded ruling by U.S. District Judge Lawrence K. Karlton. In the 68-page ruling, Judge Karlton determined that “systemic failures persist in the form of inadequate suicide prevention measures, excessive administrative segregation of the mentally ill, lack of timely access to adequate care, insufficient treatment space and access to beds, and unmet staffing needs.”

The ruling comes following months of campaigning and litigating by Governor Brown and the California Department of Corrections and Rehabilitation (CDCR) to end federal oversight of the California prison system. Friday’s ruling is the latest enforcement of the 1995 case Coleman v. Wilson, a federal class action suit filed against then-California Governor Pete Wilson, which resulted in  federal oversight over CDCR’s mental health and medical treatment that continues under the jurisdiction of Judge Karlton.

An additional federal class action lawsuit, Plata v. Schwarzenegger was merged with the Coleman lawsuit and in 2009, California was ordered to reduce it’s prison population to 137% capacity, as it was determined that Constitutionally acceptable medical and mental health delivery was hindered by the beyond-capacity prison population, which was deemed an 8th Amendment violation. California in turn appealed the order to reduce it’s prison population and in 2011, in Brown v. Plata, the US Supreme Court ordered California to reduce it’s prison population by 30,000 inmates. Governor Brown has an additional appeal of this order before U.S. District Judge Thelton E. Henderson.

Governor Jerry Brown has gone on the record to claim that California  has “one of the finest prison systems in the United States,” and no longer requires federal oversight. In a January 2013 press release, Governor Brown stated: “After decades of judicial intervention in our correctional system and the expenditure of billions of taxpayer dollars, the time has come to restore California’s rightful control of its prison system.” In February, CDCR announced the completion of a new mental health treatment building at the California Medical Facility, and declared that the facility “reinforces CDCR’s ongoing commitment to provide a constitutional level of mental health treatment in California’s prisons.”

Judge Karlton’s ruling, however, strongly rebukes these claims by Brown and CDCR, saying “based on defendants’ conduct to date, the court cannot rely on their averments of good faith as a basis for granting termination. There is overwhelming evidence in the record that much of defendants’ progress to date is due to the pressure of this and other litigation.”

A major factor in Judge Karlton’s ruling was the significant rate of suicides in the California prison system, which has previously been reported to be well above the national prison average.

“In summary, for over a decade a disproportionately high number of inmates have committed suicide in California’s prison system describable inadequacies in suicide prevention in the CDCR,” Judge Karlton writes,”Defendants have a constitutional obligation to take and adequately implement all reasonable steps to remedy those inadequacies. The evidence shows they have not yet done so. In addition, while defendants represent that they have fully implemented their suicide prevention program, they have not. An ongoing constitutional violation therefore remains.”

Judge Karlton cited the overuse of solitary confinement, particularly among individuals with severe mental health problems, as a continuing problem in the California prison system. The ruling states that such individuals “face substantial risk of serious harm, including exacerbation of mental illness and potential increase in suicide risk.”

[Read more...]

Filed Under: California, Constitution, Eighth Amendment, lawsuits/litigation, mental illness, solitary confinement, suicide, supermax prisons Tagged With: , , , , , , , , ,

Judge Rules California Solitary Confinement Lawsuit Should Have Its Day in Court

March 19, 2013 By 7 Comments
Pelican Bay "exercise" yard, © Richard Ross, from "Architecture of Authority"

Pelican Bay “exercise” yard, © Richard Ross, from “Architecture of Authority”

On Thursday, March 14th, U.S. District Court Judge Claudia Wilken denied a motion by the state of California to dismiss a lawsuit filed by the Center for Constitutional Rights against long term solitary confinement in the California prison system. The lawsuit, filed on May 31st, 2012, argues that California’s segregation of “gang-validated” prisoners in Security Housing Units (SHUs)for longer than 10 years constitutes “cruel and unusual punishment.” The lawsuit also argues that the current process by which prison officials label prisoners gang members is a violation of prisoners due process rights. In California, as of late 2011, over 500 California prisoners had been in the SHU for at least ten years; 78 had been in the SHU for at least 20 years.

The SHUs, located at Pelican Bay State Prison, Tehachapi State Prison, Corcoran State Prison, and California State Prison, Sacramento, hold over 3,000 prisoners in segregated units. Prisoners are primarily held in solitary confinement in these units, which have been described by NPR as living in a “small, cement prison cell. Everything is gray concrete: the bed, the walls, the unmovable stool. Everything except the combination stainless-steel sink and toilet…You can’t move more than eight feet in one direction.”

Conditions in the SHU prompted two large scale hunger strikes in California prisons in July and September 2011. The hunger strikes drew national attention to the issue of solitary confinement, and prompted California legislative hearings in 2011 and 2013. The California Department of Corrections and Rehabilitation (CDCR) has implemented reforms to the system, including an allegedly more stringent gang validation system; CDCR has been criticized for validating prisoners and keeping others in isolation for possession of black nationalist literature and “cultural calendars” on the grounds that they constitute evidence of gang activity. CDCR has also reportedly begun a review of all current SHU prisoners under the new standards to determine whether or not prisoners should remain in the SHU.  According to the Los Angeles Times in February, 144 prisoners had been reviewed and 78 had been released to general population and 52 were placed in a new Step Down Program in which prisoners may transition out of the SHU over 4 years with increasing privileges.

People inside California’s prisons have been less enthusiastic about the reforms.

North Kern State Prison prisoner Terrance White is housed in the Administrative Segregation Unit (ASU) pending an opening in the (full) SHUs.  White initially reported to the San Francisco Bay View that he was observing the prison sending prisoners in the ASU back to general population in December, but now says that “I see I’ve been duped by the lies of CDC. I got released back to the general population yard for 45 days and now they’ve brought me back to get validated. It’s sad to see law enforcement get away with monstrosities everyday, then come after us on the inside for becoming wise to their evils by educating ourselves.”

“They’re still validating people it seems every chance they get,” reports White, who has been validated as a Black Guerilla Family member. “I’m not alone as you are aware of, there’s a lot of us and poor Latinos, a few Natives, and poor whites have also been targeted these days. I don’t know how much longer I’ll be here at North Kern, I’m waiting for the Office of Correctional Safety to send my packet back and then I will be endorsed to the SHU to finish my term.”

Pelican Bay SHU prisoner Paul Sangu Jones is optimistic that the public, who he refers to as “minimum security,” are at least “getting a clearer idea of how their tax dollars are being wasted on all of these unnecessary prisons.” But, he says, “my current thoughts are that we remain in limbo. We are locked into a cycle of torture. We keep hearing about how our situation is going to change but every day we wake up to the same old thing–talk about déjà all over again.”

Jones, who has been in the SHU for over a decade, has been labeled by prison officials as a member of the BGF. He was initially placed in the SHU following an anonymous prisoners claim that he was a high ranking BGF member. He has been subsequently kept in solitary confinement for, among other reasons, possessing a “Black Panther newsletter” and because other prisoners designated BGF had written him letters which were intercepted by prison officials.

Jones has reported that someone in his facility had been recently take out of the SHU and placed in the Step Down Program. “It’s my understanding that the prisons are clearing their Ad Segs [Administrative Segregation Units] of prisoners they were planning on ‘validating’ as gang members. I’m told that these prisoners are being placed in the Step Down Program, and the prisons are saying that they are releasing folks from the SHU. It’s certainly what I’d expect from CDCR–no one in the Short Corridor, where prisoners who have been in SHU 10,20,30,40 years have been released to general population,” Jones writes.

“The Pelican Bay State Prison administration is not going to do anything to ease the SHU torture unless forced to do so by the courts. That is the reality our SHU lawsuit is facing.”

Jones also referred to the declaration by the leaders of the 2011 hunger strikes that the prisoners will launch a statewide hunger strike and work stoppage in July if conditions do not improve. “Surely you’ve heard the talk of another hunger strike? That should say it all…”

Filed Under: California, due process, Eighth Amendment, lawsuits/litigation, solitary confinement, supermax prisons Tagged With: , , , , , , , ,

Voices from Solitary: “Where Cold, Quiet and Emptiness Come Together”

March 16, 2013 By 5 Comments
Pelican Bay SHU

Pelican Bay SHU

The following entry was submitted by California Prison Focus on behalf of Cesar Francisco Villa, 51, a “gang-validated” prisoner incarcerated in Pelican Bay State Prison’s Security Housing Unit (SHU). For eleven years, he has been held in solitary confinement in the SHU, subject to an indefinite term in solitary because, he says, he isn’t a gang member. “To be considered an inactive gang member (eligible for release), you must turn over gang information.  But if you are not a member, what do you have to turn in? Nothing,” he writes. The gang validation process, in which prison investigators determine whether or not prisoners are members of certain prison gangs and segregate them indefinitely in the SHU, has been criticized at California Assembly hearings in 2011 and 2013 as lacking proper oversight and providing effective due process. Currently, thousands of prisoners in California are serving SHU terms for gang validation, most in solitary confinement.   

“Each morning wakes the potential for disaster.  Each morning starts with anger before the anxiety,” Villa writes of the the frustrating monotony of life in the SHU, where he has since developed arthritis in the spine, hepatitis, a thyroid condition and high blood pressure.  Below is an excerpt from a powerful description of life in the SHU, from a letter he wrote to California Prison Focus. For the full version, in PDF format, click here. –Sal Rodriguez

When we talk of the SHU and the affects the conditions have on the psyche, it’s not a simple construction one can wrap his or her mind around.  Understanding the treatment of Pelican Bay inmates takes some getting used to.  Understanding this sickness that runs rampant in the minds of prison officials leaves knots in the pit of bellies.

Nothing can really prepare you for entering the SHU.  It’s a world unto itself where cold, quiet and emptiness come together seeping into your bones, then eventually the mind.

The first week I told myself:  It isn’t that bad, I could do this.  The second week, I stood outside in my underwear shivering as I was pelted with hail and rain.  By the third week, I found myself squatting in a corner of the yard, filing fingernails down over coarse concrete walls.  My sense of human decency dissipating with each day.  At the end of the first year, my feet and hands began to split open from the cold.  I bled over my clothes, my food, between my sheets.  Band-aids were not allowed, even confiscated when found.

My sense of normalcy began to wane after just 3 years of confinement.  Now I was asking myself, can I do this?  Not sure about anything anymore.

Though I didn’t realize it at the time—looking back now—the unraveling must’ve begun then.  My psyche had changed—I would never be the same.  The ability to hold a single good thought left me, as easily as if it was a simple shift of wind sifting over tired, battered bones.

There’s a definite split in personality when good turns to evil.  The darkness that looms above is thick, heavy and suffocating.  A snap so sharp, the echo is deafening.  A sound so loud you expect to find blood leaking from your ears at the bleakest moment.

[Read more...]

Filed Under: California, physical effects, psychological effects, solitary confinement, supermax prisons, Voices from Solitary Tagged With: , , , , , ,

California Assembly Reviews Solitary Confinement Policies As Prisoners Threaten New Hunger Strike

February 26, 2013 By 10 Comments

˜¡@On Monday, February 25th, the California Assembly’s Public Safety Committee, chaired by Assembly Member Tom Ammiano, held a hearing on the state’s Security Housing Units (SHUs). The hearing comes 18 months after the committee held a similar hearing prompted by  a three-week long hunger strike in June 2011 that involved thousands of California prisoners across the state. The 2011 hearing, which was subsequently followed by an additional three-week long hunger strike in September 2011, lead to significant attention on the controversial SHU system. Chief among the demands of the hunger strikers was an end to long term solitary confinement and the controversial gang validation process. Corrections officials have officially stated that reforms first announced in March 2012 were considered and crafted independently of the demands of the hunger strikers.

Monday’s hearing focused on the implementation of new CDCR policies and considerations of their appropriateness.

In California, prisoners determined  (“validated”) by prison investigators (Institutional Gang Investigators, or, IGI) to be members or associates of one of seven prison gangs are placed in a SHU at one of three prisons (Pelican Bay State Prison, Corcoran State Prison, and Tehachapi State Prison). Prisoners in the SHU typically spend 22 1/2 hours in solitary confinement, being allowed out for exercise and showering on an infrequent basis. At Pelican Bay State Prison SHU cells have been described as “small, cement prison cell. Everything is gray concrete: the bed, the walls, the unmovable stool. Everything except the combination stainless-steel sink and toilet…You can’t move more than eight feet in one direction.”

Currently, over 3,000 prisoners in California are held in a SHU. More are held in Administrative Segregation Units (Ad Seg), which are designed similarly to the SHU, pending openings of SHU cells.  Prisoners validated as gang members or associates have been held for indeterminate terms in the SHU, with over 500 prisoners spending over 10 years in isolated confinement, and over 70 prisoners spending over 20 years in the SHU. Until recently, the policies around SHU confinement of gang validated prisoners required that prisoners prove that they have not been active in gang activity for six years, or they must “snitch” on fellow prisoners in order to be transferred out of the SHU.

At Monday’s hearing, California Department of Corrections and Rehabilitation (CDCR)  Deputy Director in charge of the Division of Adult Institutions, Michael Stainer, defended the gang validation as a necessary component to institutional and public safety. It was argued that restricted housing is necessary to curtail the ability of gang leaders to continue to operate their criminal enterprises, order murders, and orchestrate attacks within the prisons and on the streets.

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Filed Under: California, featured posts, race, solitary confinement, supermax prisons Tagged With: , , , , , , , , ,

As California Implements Some Solitary Confinement Reforms, Prisoners Remain Skeptical

January 25, 2013 By 3 Comments

dsc_0514_jpg_960x10000_q85Earlier this month, the Los Angeles Times reported that the California Department of Corrections and Rehabilitation (CDCR) had begun the process of implementing reforms the Department has crafted over the past year addressing the long-term solitary confinement of gang members in the California prison system.

California currently holds over 3,000 inmates in segregation units due to being identified by prison officials as being members of “security threat groups,” or, criminal prison gangs. In California, prisoners validated as members of the Aryan Brotherhood, Texas Syndicate, Mexican Mafia, Northern Structure, Nuestra Familia, Black Guerilla Family, or the Nazi Lowriders have until recently been subject to indeterminate terms in segregated housing units. Three prisons in California–Pelican Bay State Prison, Corcoran State Prison, and California Correctional Institution (Tehachapi)–contain Security Housing Units, where validated prison gang members are subject to at least 22 1/2 hours of isolation in their 8×10, often windowless, cells a day. Until the recent reforms are fully implemented, in order to be released from the SHU, inmates must either engage in “snitching” on other gang members and renounce gang activity or serve six years in the SHU without any evidence of gang activity before being considered “inactive” and can be returned to the general population. Inmates in these units have significantly greater chances of committing suicide and the deleterious effects of sensory deprivation and isolation on inmates mental health has been heavily documented.

CDCR argues that these units are critical in maintaining security in prison institutions and preventing criminal activity in the prison system. However, critics of the current system of dealing with gang members, including Amnesty International, have argued that reforms to the system are needed. The National Religious Campaign Against Torture, among others, has argued that prolonged solitary confinement amounts to torture. The conditions of the SHU prompted two large scale hunger strikes in California in 2011, in which thousands of California SHU and general population prisoners refused food for three weeks in July and September/October. The strikes prompted the California Assembly’s Public Safety Committee to hold a hearing on solitary confinement. In February 2012, in a smaller scale hunger strike at Corcoran State Prison, one inmate, Christian Gomez, died.

In March 2012, the California Department of Corrections announced a package of reforms to the Security Housing Unit. Among them was the creation of a Step Down Program, in which SHU inmates could transition out of solitary confinement and back into general population housing within four years, in a system of gradually lessened restrictions and greater incentives (e.g., greater property and out-of-cell time).

The CDCR also indicated that as part of reforms there would be a review of inmates in the SHU as to whether or not continued SHU placement was appropriate. According to the LA Times reporting, 88 inmates thus far have been reviewed as of January 4th. Of them, 51 were to be immediately removed from the SHU and placed in general population. Twenty-five others were to be placed in the Step Down Program, and the remaining dozen inmates were to remain in status-quo segregation.

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Filed Under: California, politics of punishment, psychological effects, solitary confinement, supermax prisons Tagged With: , , , , , ,

California Inmates Launch New Hunger Strike on October 10th

October 16, 2012 By 2 Comments

On October 10th, inmates at Pelican Bay State Prison and California Correctional Institution in Tehachapi launched a hunger strike. The hunger strike, which has in total involved five hundred inmates, coincided with the date of an announced racial cease-fire issued by inmates in Pelican Bay referred to as the PBSP-SHU Short Corridor Collective. The group, which consists of several inmates who are said by the California Department of Corrections and Rehabilitation to be leaders of criminal prison gangs including the Aryan Brotherhood and Black Guerilla Family, issued a call for all inmates to cease racial conflict and urged unity among inmates across California.

It has been speculated that because this same group also lead the historic hunger strikes that took place last year, inmates misinterpreted the October 10th date to launch a hunger strike.

Yesterday, the Los Angeles Times reported:

Inmates on a six-day hunger strike at the state prison near Tehachapi are raising objections over new state policies on how gang members are identified and treated, state officials say.

Corrections spokeswoman Terry Thornton said those policies have yet to be implemented and are under review by the state Office of Administrative Law.

As of Monday, 161 inmates within segregated cell blocks at the California Correctional Institution, called the Security Housing Unit, continued to refuse meals, Thornton said. The fasting began on Wednesday with nearly 300 inmates at Tehachapi, as well as another 200 inmates in the general prison population at Pelican Bay State Prison hundreds of miles away. Pelican Bay inmates resumed eating by Friday, Thornton said.

Family members of SHU inmates at Tehachapi told the Los Angeles Times they were unaware of the protest. Unlike a larger statewide hunger strike last year, Thornton said corrections officials had no warning and little information about the underlying issues of this strike. Some hunger strikers have complained about prison food and property rules, while others are raising complaints about proposed gang control policies.

Today, a letter signed by the Short Corridor Collective and issued to California Governor Jerry Brown declared their opposition to proposed CDCR reforms of the SHU and “‘status’-based, indefinite isolation,” a reference to the fact that the majority of inmates in the SHU are there for alleged involvement in prison gangs. The letter, which can be read here, does not reference any current hunger strike action.

If anyone has more information about the circumstances of this hunger strike please contact the author at: Sal_SolitaryW@yahoo.com.

Filed Under: California, solitary confinement, supermax prisons Tagged With: , , , , , ,

Amnesty International Releases Report Condemning California Prison Isolation Units

September 29, 2012 By Leave a Comment

On Thursday, September 27, Amnesty International published its report on the conditions of California’s supermax units, entitled The Edge of Endurance: Conditions in California’s Security Housing Units. The Security Housing Units (SHUs), which currently house over 3,000 inmates in predominantly single-cell isolation, hold inmates in small cells for at least 22 1/2 hours every day. The report notes that hundreds of inmates will spend over 10 years in these isolation units, where they are prohibited from participating in group activities including religious and rehabilitative programs. The report primarily focuses on the SHUs at Pelican Bay State Prison and California State Prison, Corcoran, though it also touches on the use of the SHU in women’s prisons.

The report covers the conditions of the standard SHU units, the long-term effects of isolation, the criterion used for SHU placement, mental health treatment, and offers recommendations.

The report also cites the October 24, 2011, suicide of Pelican Bay inmate Alex Machado, who was being housed in Pelican Bay’s Administrative Segregation Unit, an isolation unit that often serves as an overflow of the SHU pending SHU cell openings. Machado was put in the ASU despite exhibiting psychotic symptoms and previously attempting suicide. According to the report, between 2006 and 2010, 42 percent of California prison suicides occurred inside one of the many isolation units.

Among the recommendations are:

  • Limiting the use of isolation in a SHU or similar environment so that is it imposed only as a last resort in the case of prisoners whose behaviour constitutes a severe and ongoing threat to the safety of others or the security of the institution.
  • Improving conditions for all prisoners held in SHUs, including better exercise provision and an opportunity for more human contact for prisoners, even at the most restrictive custody levels.
  •  Allowing SHU prisoners to make regular phone calls to their families.
  •  Reducing the length of the Step Down Program and providing meaningful access to programs where prisoners have an opportunity for some group contact and interaction with others at an earlier stage.
  • Immediately removing from isolation of prisoners who have already spent years in the SHU under an indeterminate assignment.

The full 68-page report can be read here.

Solitary Watch’s extensive coverage of solitary confinement in California, including the voices of prisoners in isolation, can be accessed here.

Filed Under: California, human rights, psychological effects, solitary confinement, supermax prisons Tagged With: , , , ,

New York Prisoner Gets Five Years in Solitary for Cell Phone Smuggled in by Guard

September 20, 2012 By 8 Comments

Philip Miller was midway through a twenty-year sentence for robbery at Sing Sing Prison in New York, with an almost spotless prison record, when he was caught with a mobile phone in his cell in April 2010. He was charged with two disciplinary violations: ”possession of contraband” and also “altering state property,” since he had hidden the cell phone and charger in “a compartment carved out of the windowsill.”

Miller was brought before an internal prison disciplinary hearing and pled guilty to the two charges. But he sought to call various inmates who could attest to his good behavior and to describe what actually had happened. The hearing officer denied him  his request, claiming that he, the prison officer, knew all about Miller and it wasn’t necessary to call the witnesses. Miller was found guilty of both charges and sentenced to 60 months—five years—in solitary, with a proviso that 24 months might be suspended if he incurred no further disciplinary charges. Despite the nonviolent nature of his offenses, Miller was shipped off to serve his time at Southport, the all-solitary supermax facility south of Elmira.

Long stretches in the so-called Special Housing Unit (“the SHU” or, more commonly, ”the box”) is an everyday punishment in New York State prisons. Currently, about  4,500 inmates are serving time in some form of 23-hour-a-day lockdown, with sentences ranging from months to decades. As we wrote in an earlier article, New York leads the nation in the use of “disciplinary segregation,” and isolation “is very much a punishment of first resort, doled out for minor rule violations as well as major offenses. In New York, the most common reason for a stint in solitary is creating a ‘disturbance’ or ‘demonstration.’…Second is ‘dirty urine’—testing positive for drugs of any kind…Other infractions include refusing to obey orders, ‘interfering with employees,’ being ‘out of place’ and possession of contraband—not only a shiv but a joint, a cellphone or too many postage stamps.”

Miller appealed his conviction and sentence within the prison system, insisting that he had been denied his right to have witnesses testify on his behalf.  He lost. He then went to state court and lost there. Finally, he took his case to the state court’s appellate division where the decision against him, handed down in August 2012, contained this rather incoherent passage:

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Filed Under: due process, lawsuits/litigation, New York, solitary confinement, supermax prisons Tagged With: , , , , , ,
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