In the state of New York on any given day, about 4,500 prisoners are held in solitary confinement, shut up inside bare, often windowless cells no larger than a small bathroom, for 23 hours out of 24, their only respite an hour's solo "recreation" in a not-much-bigger concrete pen. After weeks, months, and even years with little or no human contact or outside stimulus, even the most resilient inmates can suffer severe emotional and psychological damage, while youth, the elderly, and persons with mental disabilities are especially vulnerable.
A bill introduced last week in the New York State Assembly would prohibit solitary confinement for more than fifteen days and ban it outright for certain categories of inmates. “This is a moral issue,” said bill co-sponsor state Sen. Bill Perkins in announcing the legislation, noting that the United Nations has identified long-term solitary as a human rights violation.
Corrections officials typically say they use solitary to protect prison staff and other inmates from violent prisoners. And, true, some inmates are too dangerous to be allowed to mix with the general prison population. But according to a 2012 investigation by the New York Civil Liberties Union most prisoners in solitary New York were there as punishment for minor misconduct (which in fact is often the result of mental illness).
Needless to say, the problem is not unique to New York. Estimates put the number of state and federal prisoners in solitary as high as 80,000, across 44 states, including 25,000 in high-security “supermax” facilities. Solitary has become a routine tool of prison management, imposed on too many prisoners and for too long. Meanwhile, studies suggest that its use may actually increase violence and recidivism.
The good news is that the use of solitary confinement appears to have peaked. A number of states, including Maine, Mississippi, and Colorado have passed laws scaling back the use of solitary – without experiencing a surge in prisoner misconduct.
The federal government and other states, starting with New York, should follow suit. Yes, corrections officials should have the tools they need to maintain order in prisons, punish misconduct, and protect inmates and staff from harm. But prolonged solitary confinement has no place in a civilized society that respects human rights.
