Solitary confinement
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive.[1][2] However, it can also be used as protective custody for incarcerated individuals whose safety is threatened by other prisoners. This is employed to separate them from the general prison population and prevent injury or death.[3]
For other uses, see Solitary confinement (disambiguation).
A robust body of research has shown that solitary confinement has profound negative psychological, physical, and neurological effects on those who experience it, often lasting well beyond one's time in solitary.[4] While corrections officials have stated that solitary confinement is a necessary tool for maintaining the safety and security of prisons and jails,[5] numerous medical, mental health, and legal professional organizations have criticized the practice and hold the view that it should be sharply curtailed.[6][7][8]
Nelson Mandela, the South African anti-apartheid activist, described solitary confinement as "the most forbidding aspect of prison life."[9] Human rights experts have stated that prolonged solitary confinement may amount to torture,[10] and the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules) were revised in 2015 to prohibit placements in solitary for longer than 15 days.[11]
By country or region[edit]
Europe[edit]
While solitary confinement is less commonplace in Europe than in other parts of the world including the United States, it is still widely used in many European countries today.[29]
The European Court of Human Rights distinguishes between complete sensory isolation, total social isolation and relative social isolation[30] and notes that "complete sensory isolation, coupled with total social isolation can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason. On the other hand, the prohibition of contacts with other prisoners for security, disciplinary or protective reasons does not in itself amount to inhuman treatment or punishment."[31]
The European Committee for the Prevention of Torture, or CPT, defines solitary confinement as "whenever a prisoner is ordered to be held separately from other prisoners, for example, as a result of court decision, as a disciplinary sanction imposed within the prison system, as a preventive administrative measure or for the protection of the prisoner concerned."[32] The CPT "considers that solitary confinement should only be imposed in exceptional circumstances, as a last resort and for the shortest possible time."[33]
Alternatives and reform[edit]
In light of the increasing public scrutiny of solitary confinement and its documented effects, corrections leaders, policymakers, and advocates have begun to look to alternatives. The New York City Department of Correction announced in 2013 that it would start transferring individuals with severe mental illness who commit disciplinary infractions to a setting similar to a hospital ward, where they would receive medication and therapy. Those with less severe mental illness who violate facility rules are still placed in solitary, but with increased hours of therapy and a behavioral intervention program.[106]
Another approach that facilities have taken to reduce their reliance on solitary is to restrict the reasons for which people can be sent to solitary in the first place. In 2013, Maine replaced its policy of using solitary as a punishment for every infraction with a system of "informal sanctions" of reductions in privileges, which helped the state cut its then-full supermax population in half.[107] In 2021, Washington State ended its use of disciplinary segregation entirely, stating in a press release that "the agency's data indicates that disciplinary segregation… has not been proven to be an effective sanction or deterrent to negative behavior."[108]
A number of jurisdictions have also enacted legislation prohibiting the use of solitary for vulnerable groups or limiting it to a set number of days for the general prison population. New York's Humane Alternatives to Long-Term (HALT) Solitary Confinement Act prohibits people from being placed in solitary for more than 15 consecutive days, or 20 days in any 60-day period. The legislation also bans placements in solitary for individuals 21 and under or 55 and older; people with physical, medical, or mental disabilities; and people who are pregnant or have recently given birth.[109] Legislative efforts to curb the use of solitary, many of which reflect aspects of HALT, have taken place or are underway in at least 44 other states.[50]
Finally, some corrections agencies have drawn inspiration from European countries such as Norway and Germany for reforming their use of solitary.[110][111] In these countries, solitary confinement is typically used far less often and for shorter periods of time than in the United States.[110][112] Norwegian prison cells are also usually more spacious and better furnished compared to their North American counterparts.[113] However, scholars have noted that the experience of solitary confinement in Norway is not necessarily less painful, and have been critical of prison reformists for prioritizing aesthetic sensibilities over the lived experiences of incarcerated people.[113] In 2018, the United Nations Committee against Torture criticised the "high rates of prolonged isolation" of prisoners in Norway, of which it stated, "amounts to solitary confinement".[114]