Abstract

Solitary confinement is a widespread practice in US correctional facilities. Long-standing concerns about the physical and mental health effects of solitary confinement have led to litigation, legislation, and community activism resulting in many prison systems introducing policies or implementing legal mandates to reduce or eliminate its use. Yet little is known about the nature and effectiveness of policies that states have adopted to reduce their use of solitary confinement and exactly how various reforms have actually impacted the lives of people living and working in the prisons where these reforms have taken place.MethodsWe conducted an embedded case study, analyzing changes in policies and procedures, administrative data, and focus groups and interviews with incarcerated persons and staff, to describe the circumstances that led to changes in solitary confinement policies and practices in the North Dakota Department of Corrections and Rehabilitation (ND DOCR) and the perceived impact of these changes on incarcerated persons and prison staff.ResultsNorth Dakota’s correctional officials and staff members attributed the impetus to change their solitary confinement policies to their participation in a program that directly exposed them to the Norwegian Correctional Service’s philosophy, policies, and practices in 2015. The ensuing policy changes made by North Dakota officials were swift and resulted in a 74.28% reduction in the use of solitary confinement between 2016 and 2020. Additionally, placements in any form of restrictive housing decreased markedly for incarcerated persons with serious mental illness. In the two prisons that had solitary confinement units, rule infractions involving violence decreased at one prison overall and it decreased within the units at both prisons that were previously used for solitary confinement. Although fights and assaults between incarcerated people increased in one of the prison’s general population units, during the initial months of reforms, these events continued to decline compared to years before reform. Moreover, incarcerated people and staff attributed the rise to a concomitant worsening of conditions in the general population due to overcrowding, idleness, and double bunking. Both incarcerated persons and staff members reported improvements in their health and well-being, enhanced interactions with one another, and less exposure to violence following the reforms.ConclusionsImmersing correctional leaders in the Norwegian Correctional Service’s public health and human rights principles motivated and guided the ND DOCR to pursue policy changes to decrease the use of solitary confinement in their prisons. Ensuing reductions in solitary confinement were experienced as beneficial to the health and wellness of incarcerated persons and staff alike. This case-study describes these policy changes and the perspectives of staff and incarcerated persons about the reforms that were undertaken. Findings have implications for stakeholders seeking to reduce their use of solitary confinement and limit its harmful consequences and underscore the need for research to describe and assess the impact of solitary confinement reforms.

Highlights

  • Solitary confinement is the practice of confining incarcerated persons in a small cell for approximately 22 hours per day

  • Immersing correctional leaders in the Norwegian Correctional Service’s public health and human rights principles motivated and guided the North Dakota Department of Corrections and Rehabilitation (ND DOCR) to pursue policy changes to decrease the use of solitary confinement in their prisons

  • Anybody who caused any type of trouble that disrupted the norm for general population... they were put into segregation [solitary confinement]

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Summary

Introduction

Solitary confinement is the practice of confining incarcerated persons in a small cell for approximately 22 hours per day This generic term can be applied to different types of prison housing assignments, such as restrictive housing, administrative segregation, disciplinary segregation, and protective custody (Haney, 2018a). In addition to the deprivation of meaningful social contact, persons who are incarcerated in these units often have limited or no access to programming and restrictions on the amount and nature of their visits and personal property (Haney, 2020) They are only permitted to leave their cells for showers or to recreate alone in a small closed-in or caged area. The most recent survey of state correctional systems reported that between 55,000 to 62,500 people in U.S state prisons were in solitary confinement on any given day in 2019 (Bertsch et al, 2020), another study found that 20% (320,000) are exposed to administrative or solitary confinement at least once annually (Beck, 2015)

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