Saturday, March 1, 2014

4 Reasons To Ban Solitary Confinement

This comes from Business Insider Australia:
Written by: Christina Sterbenz
March 1st 2014

The American Association for the Advancement of Science (AAAS) touched on a controversial topic at its annual annual meeting this month — solitary confinement.

University of Pittsburgh law professor Jules Lobel spoke at the conference about his role as lead counsel in a proposed class action lawsuit against Pelican Bay State Prison in California. Lobel is seeking to represent more than 1,000 prisoners there who spent at least a decade in solitary confinement.

Lobel cited four reasons solitary confinement constitutes cruel and unusual punishment violating the Eighth Amendment. Solitary confinement also violates the right to due process under the Constitution, Lobel said.
Other speakers at the AAAS conference agreed with Lobel’s view, as does the ACLU. Here are four main Constitutional arguments against solitary:

1. Solitary confinement violates the basic concept of human dignity.

“Researchers have concluded you shouldn’t keep lab animals in this kind of solitary confinement. Why should we treat people that way?” Lobel inquired.

In the Pelican Bay solitary unit, prisoners spend 22.5 to 24 hours a day in an 80-square-foot, concrete, windowless cell — about the size of a king-size bed. They can’t make phone calls. And they’re often denied visitors and physical activity. The food is even sometimes rotten, Lobel wrote in the San Jose Mercury News.


2. It denies basic human rights.

Read the rest here.

Sunday, February 2, 2014

New York Lawmakers Introduce Sweeping Reforms to Use of Solitary Confinement in Prisons and Jails

Reblogged from: Think Outside the Box

Press release from the New York Campaign for Alternatives to Isolated Confinement.
January 31, 10:30 am
New York — At a mid-morning press conference at Judson Memorial Church in Greenwich Village, New York legislators will join advocates, survivors of solitary confinement, and their families to announce the introduction of the Humane Alternatives to Long-Term (HALT) Solitary Confinement Act (A08588 / S06466).
Introduced in both the Assembly and the Senate, the pioneering bill is being hailed by supporters as the most comprehensive and progressive legislative response to date to the nationwide problem of solitary confinement in prisons and jails. As written, it would virtually eliminate a practice that has been increasingly denounced as both dangerous and torturous, while protecting the safety of incarcerated individuals and corrections officers.
According to Assembly Member Jeffrion Aubry, who is sponsoring the bill in the Assembly, “New York State was a leader for the country in passing the 2008 SHU Exclusion Law, which keeps people with the most severe mental health needs out of solitary confinement. Now we must show the way forward again, ensuring that we provide safe, humane and effective alternatives to solitary for all people.”
“Solitary confinement makes people suffer without making our prisons safer. It is counter-productive as well as cruel,” said Senator Bill Perkins, the bill’s Senate sponsor. “Solitary harms not only those who endure it, but families, communities, and corrections staff as well.”
Currently, about 3,800 people are in Special Housing Units, or SHUs, with many more in other forms of isolated confinement in New York’s State prisons on any given day, held for 23 to 24 hours a day in cells smaller than the average parking space, alone or with one other person. More than 800 are in solitary confinement in New York City jails, along with hundreds more in local jails across the state.
New York isolates imprisoned people at levels well above the national average, and uses solitary to punish minor disciplinary violations. Five out of six sentences that result in placement in New York State’s SHUs are for non-violent conduct. Individuals are sent to the SHU on the word of prison staff, and may remain there for months, years, or even decades.
The HALT Solitary Confinement Act bans extreme isolation beyond 15 days–the limit advocated by UN Special Rapporteur on Torture Juan E. Méndez, among others. It also bars vulnerable populations from being placed in solitary at all–including youth, the elderly, pregnant women, LGBTI individuals, and those with physical or mental disabilities.
“No person should be put in solitary confinement except when they are a risk to  someone else,” said New York City Council Member Daniel Dromm. “As a major opponent of the practice, I have introduced three pieces of legislation into the City Council. I applaud the proposed state legislation that sets parameters on who can and who cannot be placed in solitary confinement and limits the amount of time they are forced to stay there.”
For those who present a serious threat to prison safety and need to be separated from the general population for longer periods of time, the legislation creates new Residential Rehabilitation Units (RRUs)–high-security units with substantial out-of-cell time, and programs aimed at addressing the underlying causes of behavioral problems.
“Isolation does not promote positive change in people; it only damages them,” said Jennifer J. Parish of the Urban Justice Center’s Mental Health Project. “By requiring treatment and programs for people who are separated from the prison population for serious misconduct, the legislation requires Corrections to emphasize rehabilitation over punishment and degradation.”
“The HALT Solitary Confinement Act recognizes that we need a fundamental transformation of how our public institutions address people’s needs and behaviors, both in our prisons and in our communities,” said Scott Paltrowitz of the Correctional Association of New York. “Rather than inhumane and ineffective punishment, deprivation, and isolation, HALT would provide people with greater support, programs, and treatment to help them thrive, and in turn make our prisons and our communities safer.”
Many of those represented at the press conference are members of the New York Campaign for Alternatives to Isolated Confinement (CAIC), which was instrumental in drafting the bill. CAIC unites advocates, concerned community members, lawyers, and individuals in the human rights, health, and faith communities throughout New York State with formerly incarcerated people and family members of currently incarcerated people.
“Solitary is torture on both sides of the prison walls,” said family member Donna Sorge-Ruiz, whose fiancé is currently in solitary. “Loved ones on the outside suffer right along with those in prison, every day that they endure this pain. It must stop!”
The widespread use of long-term solitary confinement has been under fire in recent years, in the face of increasing evidence that sensory deprivation, lack of normal human interaction, and extreme idleness can lead to severe psychological damage. Supporters of the bill also say that isolated confinement fails to address the underlying causes of problematic behavior, and often exacerbates that behavior as people deteriorate psychologically, physically, and socially.
In New York each year, nearly 2,000 people are released directly from extreme isolation to the streets, a practice that has been shown to increase recidivism rates.
“The damage done by solitary confinement is deep and permanent,” said solitary survivor Five Mualimm-ak. An activist with CAIC and the Campaign to End the New Jim Crow, Mualimm-ak spent five years in isolated confinement despite never having committed a violent act in prison. “Having humane alternatives will spare thousands of people the pain and suffering that extreme isolation causes–and the scars that they carry with them back into our communities.”
Several state prisons systems, including Maine, Mississippi, and Colorado, have significantly reduced the number of people they hold in solitary confinement, and have seen prison violence decrease as well. HALT takes reform a step further by also providing alternatives for the relatively small number of individuals who need to be separated from the general population for more than a few weeks. Advocates see the bill not only as a major step toward humane and evidence-based prison policies, but also as a model for change across the country.
“Article 5 of the United Nations Declaration of Human Rights, states that ‘No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment,’” said Laura Markle Downton of the National Religious Campaign Against Torture. “As people of faith, we recognize the use of solitary confinement in a prisons, jails and detention centers fundamentally violates this prohibition against torture. Now is the time for New York to lead the way in bringing an end to this human rights abuse plaguing our justice system nationally.”
“The HALT Solitary Confinement Act implements rational humane alternatives to the costly, ineffective, and abusive use of long-term solitary confinement in New York prisons and jails,” saidSarah Kerr of the Legal Aid Society’s Prisoners’ Rights Project. “The need for reform is well-documented and the time for change is now.”
PRESS CONFERENCE DETAILS:

Date/Time/ Location: Friday, January 31, 10:30 am
Judson Memorial Church, Meeting Room Balcony
55 Washington Square South (between Thompson and Sullivan Streets)
Speakers:
Assembly Member Jeffrion L. Aubry (D, 35th District, Queens), Assembly sponsor
Senator Bill Perkins (D, 30th District, Harlem), Senate sponsor
City Council Member Daniel Dromm (D, 25th District, Queens)
Five Mualimm-ak, survivor of solitary confinement in New York prisons and Campaign for Alternatives to Isolated Confinement
Jessica Casanova, aunt of individual currently in solitary and Campaign for Alternatives to Isolated Confinement
Scott Paltrowitz, Correctional Association of New York and Campaign for Alternatives to Isolated Confinement
Claire Deroche, National Religious Campaign Against Torture and Campaign for Alternatives to Isolated Confinement

PRESS KIT INCLUDES:
Press Release
Fact Sheet on Solitary Confinement in New York State
Summary of the Humane Alternatives to Long-Term (HALT) Solitary Confinement Act
Full Text of HALT Act (A08588 / S06466)
New York Voices from Solitary Confinement
“Solitary Confinement’s Invisible Scars,” op-ed by Five Mualimm-ak

FOR MORE INFORMATION, CONTACT:
Scott Paltrowitz, 212-254-5700, spaltrowitz@correctionalassociation.org
Sarah Kerr, 212-577-3530, SKerr@legal-aid.org
Five Mualimm-ak, 646-294-8331, endthenewjimcrow@gmail.com
www.nycaic.org
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Wednesday, January 22, 2014

"If the Risk Is Low, Let Them Go": Efforts to Resolve the Growing Numbers of Aging Behind Bars

Reblogged from: Truth-Out
Article by Victoria Law
Jan. 10, 2014

Imagine your grandparents and great-grandparents in shackles or dying behind bars. By 2030, the prison population age 55 and over is predicted to be 4,400 percent more than what it was in 1981. Some state and federal prison systems look at alternatives.

The recent release of 74-year-old Lynne Stewart has made headlines. Stewart, who was diagnosed with breast cancer in 2005, was granted compassionate release December 31, 2013, after a protracted struggle by Stewart and supporters across the country. Stewart, whose cancer has spread to her lungs, lymph system and bones, will spend her remaining months with her family in Brooklyn.

But what about the aging and infirm people incarcerated nationwide who lack Stewart's fame and support? The United States has some 125,000 prisoners age 55 and older, quadruple the number in 1995. Various human rights groups, including the ACLU, Human Rights Watch and the Vera Institute of Justice have issued warnings about the increased numbers of aging, elderly and incapacitated behind bars. In response to these increases, several states, such as Kansas, Mississippi and Tennessee, are in the process of building hospice and geriatric units within their prison systems.

But what other solutions are there?

"If the Risk is Low, Let Them Go"

In New York, advocates - including formerly incarcerated people - have launched the Release Aging People in Prison (RAPP) campaign. More than 9,200 people (nearly 17 percent) imprisoned in New York are 50 or older. While the state's prison population dropped this past decade - from 71,466 in 2000 to 56,315 in 2011 - the number of people 50 and older has increased by 64 percent.

Lead organizer Mujahid Farid knows the obstacles facing people seeking parole. Farid was arrested in 1978 and sentenced to 15 years to life for an attempted murder. By the time he was eligible for parole in 1993, he had earned four college degrees as well as certificates for numerous other programs. None of these accomplishments mattered. He was denied parole based on his 1978 conviction. Farid appeared before the parole board ten times over the next 18 years before he was granted parole in 2011.


"I realized it wasn't personal," he told Truthout. "They're not looking at your personal development. They're simply looking at your conviction." After his release, Farid met with advocates, including other formerly incarcerated people, to discuss how to overcome the hurdle within the parole system. Out of these discussions came RAPP.  Under the slogan "If the risk is low, let them go," RAPP mobilizes to change the routine in which parole and compassionate release are denied to those who have spent decades in New York's state prisons.

Read the rest here.

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