Solitary Tracking

According to a recent report from the Maryland Department of Correctional Services, over 8% of the prison population is confined to administrative or disciplinary segregation (solitary). The national average is 4%. The average length of stay in segregation in Maryland prisons is 125 days. —Psychologists and Human Rights lawyers urge that no one should be in solitary for more than 15 days. There are humane and effective alternatives to solitary confinement/segregation.

The first step to reform is greater transparency from the Department of Corrections.

The Tracking Bill mandates that the Maryland Department of Correctional Services report every quarter on the number of prisoners in segregation (solitary), the number of prisoners in segregation who have a mental illness, their average length of stay, the number of juveniles in segregation and their average length of stay, and the number of prisoners who have been released from prison directly from segregation. In the past, the Department of Corrections has refused to give out such information.

The process of using scientific information to make correctional policy decisions is a complex one necessarily involving both political and scientific judgments. The fundamental challenge is to ensure that political judgments match societal goals and remain accountable to the public, while scientific judgments match our best understanding of human nature and remain accountable to the relevant scientific community. Transparency is an important tool for ensuring both types of accountability.

Transparency about who makes confinement decisions, about the scientific basis for those decisions, and especially about the value choices made in the translation step from science to policy are essential to the effective use of scientific information in the political world of policymaking.

Yet transparency is notably lacking in correctional decisions that bridge the worlds of science and policy. In particular, the value choices underlying those decisions are often hidden. In addition, it is often very difficult for outsiders to discover what role scientific advice ultimately played in a decision, or even what the substance of that advice was.

Information is essential in designing, enforcing, adjusting, and implementing policy decisions about correctional strategies. Solitary confinement issues need to come before the public, and the best way of revising current practices is first to inform the citizens of Maryland.

Note: This is a draft version of the proposed legislation and may change.

Solitary Confinement Tracking

WHEREAS, The United States Department of Justice has defined solitary confinement as the state of being confined to one’s cell for approximately 22 hours or more per day, alone or with other prisoners, that limits contact with others.

WHEREAS, the Federal Bureau of Prisons has recognized the following conditions to be classified as serious mental illnesses: Schizophrenia Spectrum and Other Psychotic Disorders; Bipolar and Related Disorders; Major Depressive Disorder; Anxiety Disorders; Obsessive Compulsive and Related Disorders; Trauma and Stressor-Related Disorders; Intellectual Disabilities and Autism Spectrum Disorders; Major Neurocognitive Disorders; Personality Disorders.

WHEREAS, under the American Correctional Association’s Code of Ethics, the public has a right to information and information should be shared with the public to the extent permitted by law subject to individuals’ right to privacy.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That:

1. DEFINITIONS

• (1) In this section the following words have the meanings indicated

• (2) “Correctional facility” means a facility operated by or under contract with the Maryland Department of Public Safety and Correctional Services;

• (3) “Solitary Confinement” means the state of being confined to one’s cell for approximately 22 hours or more per day, alone or with other prisoners, that limits contact with others.

• (4) “Solitary Confinement” includes classifications such as “disciplinary segregation”, “administrative segregation”, “protective custody”, “special housing”, or “super–maximum security housing”, “restricted housing”, “restricted programming”, and any other classification of confinement if under that classification the person is confined to a cell for approximately 22 hours per day or more, alone or with other prisoners, with limited contact with others.

• (5) “Vulnerable population” means any individual who is (a) under 21 years of age, (b) older than 60 years of age, (c) physically or intellectually disabled; (d) diagnosed with a serious mental illness; (e) known to be pregnant.

• (6) “Serious mental illness” includes Schizophrenia Spectrum and Other Psychotic Disorders; Bipolar and Related Disorders; Major Depressive Disorder; Anxiety Disorders; Obsessive Compulsive and Related Disorders; Trauma and Stressor-Related Disorders; Intellectual Disabilities and Autism Spectrum Disorders; Major Neurocognitive Disorders; Personality Disorders; and other conditions recognized as serious mental illnesses by the Federal Bureau of Prisons.

1. Quarterly, on January 1, April 1, July 1, and October 1 of each year, the Department shall submit to the Governor’s office of Crime Control and Prevention and post publicly on its website:

• (1) Snapshot data, by facility showing:

(a) The total facility population, number of individuals in solitary confinement by type of confinement, the average and median lengths of stay in solitary confinement, incidents of self-harm, deaths, and uses of force in solitary confinement and in the general population; the racial breakdown of those in solitary confinement and the general population;

(b) The above data for vulnerable populations to the extent such data is available, or, if such data is not available, the steps being taken to ensure such data can be reported in the subsequent year;

(c) The number of individuals released from solitary confinement directly to the community; and

(d) Any additional data or other information that is important to understanding the facility’s use of solitary confinement;

• (2) Any changes to written policies or procedures at the facility or system-wide level pertaining to placement in, removal from, or conditions in solitary confinement, including steps taken to reduce reliance on solitary confinement.

• (3) The report shall be submitted to the Governor’s office and be made publicly available no later than November 1.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2016

What Can Reforming Solitary Confinement Teach Us About Reducing Mass Incarceration?
It’s not about non-violent offenders. And it won’t be cheap. Read the full report from the Marshall Project.

Safe Alternatives to Solitary Confinement: U.S. Leaders Share Progress and Insights.  On September 29, 2015, the Vera Institute of Justice convened a short meeting to explore what a few states are learning about how to end over-reliance on extended solitary confinement in correctional systems.  Researcher Craig Haney reminded attendees why this is essential. He noted that a robust literature on mental and physical harms of the practice shows it can lead to despair and anger, destabilization of the sense of self, and a loss of ability to relate to others. Read the full meeting report here. 

What is solitary confinement? The American Friends Service Committee providesfacts, a video, and resources.

IAHR. Interfaith Action for Human Rights focuses on reducing practices that violate human dignity within the mid-Atlantic region, including prolonged solitary confinement.

Is it torture? The National Religious Campaign Against Torture, a coalition of over 300 religious organizations – including representatives from Catholic, Protestant, Orthodox Christian, evangelical Christian, Buddhist, Hindu, Quaker, Unitarian, Jewish, Muslim, and Sikh communities– is committed to abolishing prolonged solitary confinement in U.S. prisons. This report to the United Nations explains why.