Cover
story Long-term lockdowns
By CLAIRE
SCHAEFFER-DUFFY Special to the National Catholic
Reporter
The inmate died at about 10:30 the
night of April 13, according to Alice Lynd, a former attorney and Quaker. Lynd
is a Mother Teresa for the men in solitary lockdown at Ohio State Penitentiary.
The inmates family had called her three hours earlier, saying they feared
he was about to take his life. Lynds name circulates among prisoners and
their families as the woman to contact if there are problems. And there are
problems at Ohio State Penitentiary. The suicide on April 13 was the third at
the high-maximum security facility since it opened in 1998 on the outskirts of
Youngstown. All three men died by hanging, their bed sheets fashioned into
nooses.
No one told him why he was put in segregation, Lynd
said. He had no violence on his record. The death, after four
months in solitary, was documented in news reports, but his family asked that
the prisoners name not be used. He was transferred ... with no
conduct report, no notice, no conference and he did not know why he was at OSP.
In a letter to his family he spoke of no hope here and no
love.
[Correction officials] call it behavioral management, but
you have people [at OSP] who havent had a conduct report for years.
Such reports document disruptive or felonious behavior that might justify
punitive measures.
The supermax craze
Prolonged solitary confinement, a penal practice instituted in the
United States in the early 19th century but later discredited, is making a big
comeback. Whether shipped off to a supermaximum (supermax) facility or interned
in a segregated housing unit (SHU) within a prison complex, more and more
American inmates are sentenced to 22- to 23-hours-a-day lockdowns in single
cells, where human contact and environmental stimulus are kept to an extreme
minimum. The isolation can last for weeks, months or years.
In a February briefing on supermax confinement, the New York-based
monitoring organization Human Rights Watch wrote, Prolonged segregation
that previously would have been deemed extraordinary and inconsistent with
concepts of dignity, humanity and decency has become a corrections
staple.
Segregated housing units, internal management units, supermaxes --
the terms differ in each jurisdiction -- are all categorized as control
units, in prison parlance. Supermax is the most widely used
term to designate a prison or part of a prison that operates under a
supermaximum security regimen. Although states vary in practice, organizations
monitoring prisons have identified the following conditions as common to all
control units: In addition to the 22- to 23-hours-a-day solitary lockdown,
inmates are denied congregate dining, group exercise, work opportunities and
corporate religious services. Access to facilities and social services is
severely limited. In control units these conditions exist permanently (as
opposed to temporary lockdowns that occur in most prisons) and are considered
official policy.
In 1980, the United States had one control unit prison. Today,
more than 50 are scattered throughout the country. Forty-two states, the
District of Columbia and the federal Bureau of Prisons operate at least one
control unit facility in their respective jurisdictions. Some have two.
Statistics on the number of inmates incarcerated in control units
vary, but Chase Riveland, who has written an overview on supermax confinement
for the National Institute of Corrections, said the number is somewhere between
25,000 and 100,000. In Texas and California, where the inmate population is
150,000 per state, 7 percent of the incarcerated are in administrative
segregation, a two-fold increase from five years ago, Riveland
said. A former director of two state departments of corrections, Riveland finds
the increasing and indiscriminate reliance on supermaxes disturbing. For
example, he said, If you are in some parts of Texas and you have a
Spanish surname, you are going to be locked down.
From the point of view of prison officials, lockdowns inhibit gang
activity inside prison walls. Mexican-American prison gangs are among the most
powerful and best organized, according to Andrew Lichtenstein, a photographer
from Brooklyn who is documenting growth and changes in U.S. prisons with a
grant from the Open Society Institute.
In May of 1999, The Village Voice reported that on any
given day in New York, 4,000 of the states 71,000 prisoners [were]
doing time in an SHU [segregated housing unit].
Death row inmates and now even people who have simply been
detained and have yet to be convicted might end up in solitary lockdown. One of
the most well-known in this category was Wen Ho Lee. Lee, accused of
mishandling nuclear secrets, was kept in almost total isolation for nine
months. All but one of his 59 charges were eventually dropped.
Many in the corrections field welcome the increased reliance on
supermax security. They argue that confining the worst of the worst
in separate, highly restrictive facilities ensures safety and security in other
prisons and is cost-effective -- two significant pluses in an era where budget
cuts and prison overcrowding strain the U.S. penal system. Human rights
advocates and even some corrections officials say the policy has led to cruel
and capricious confinements, an increase in prisoner abuse and even
torture.
The question becomes, Riveland said, how sterile
an environment do you need? Should we be punishing someone daily, hourly or by
the minute? Someone who hasnt misbehaved? And does it never
end?
Jails have always relied on isolation units to maintain control.
The dangerous, those deemed too difficult to manage in the general population
and those in need of protective custody, have been among the segregated and
confined. And the dangerous in prison can be very dangerous, continuing while
incarcerated to commit crimes like rape, assault and murder.
While recognizing that a very small percentage of high-risk
inmates warrant permanent segregation, human rights advocates worry that too
many prisoners are qualifying for supermaxes.
One of our main concerns, said Kara Gotsch of the
American Civil Liberty Unions National Prison Project, is that
states are building large facilities. Because they have to justify their costs,
they are putting people who do not belong there, people who have not committed
crimes or offenses while incarcerated but are unlucky enough to be branded
gang member. The definition of a gang member is left up to the
Department of Corrections. Lichtenstein said prison officials are
constantly on the lookout for evidence of gang affiliation, which may be
signified by something as seemingly benign as a detail in a tattoo. Gang
members are locked down to keep them segregated from other prisoners and
minimize their potential for manipulation and disruption, he said.
Bonnie Kerness, associate director of the American Friends Service
Committee, believes the category worst of the worst is too broadly
applied in todays prisons. Control units, she argues, are more about
behavior modification of political activists and social control
than prison security. Kerness, who has monitored prisons for more than 20
years, said that among the isolated are members of the Black Panther
Party, Black Liberation Army formations, proponents of Puerto Rican
independence, members of the American Indian Movement and white radicals
and more recently youth of color.
According to Riveland, the number of women kept in isolation is
pretty miniscule in comparison to men. Women comprise a much
smaller portion of the inmate population, and gang membership among females is
less prevalent. Almost any womens prison will have a capacity for
lockdown, he said, but there are currently no separate supermax
facilities for women only.
Angela Wright of Amnesty International considers the supermax
explosion a strictly American phenomenon. Obviously, there are prisoners
around the world who are held in solitary confinement, but they are not held in
such high numbers. In Europe, whenever authorities have held inmates in
high security facilities, Wright added, they have been very much
criticized by the European Committee for the Prevention of Torture. Within
[Europe] a 40-country jurisdiction, they only use isolation in extremely small,
restricted circumstances.
Riveland said the supermax trend marks a philosophical
change in prison practice, a shift from the dispersion
approach to the concentration approach. Riveland describes that
change in his overview on supermax prisons. Many agencies in the past
would spread their troublemakers around the system, he wrote. This
dispersal enabled prisons to break up cliques and gangs. It was contingent,
however, on availability of facilities.
Todays concentration approach hearkens back to
the era of Alcatraz when those deemed dangerous or a threat to the system were
segregated in a separate high-security facility. According to Riveland, the
concentration approach operates on the premise that general
population prisons will be more easily and safely managed if the troublemakers
are completely removed and confined elsewhere.
Both Riveland and Wright describe U.S. prisons as a system
under stress. Increased sentences and a more punitive justice system have
taxed prison capacity. Control units offer a quick fix to overcrowding and its
subsequent problems. In U.S. prisons, Wright said, there are a lot of
young people, a lot of mentally ill. ... To run proper programs requires huge
amounts of resources. I suppose that the administration believes that one way
of dealing with [the problem] is to lock people up in concrete cages.
Evidently that solution does not appall many Americans. Supermaxes
are politically popular. Legislatures and, in one instance, a governor have
pushed for their construction in some jurisdictions. The supermax prison
appeals politically, said Kara Gotsch of the American Civil Liberties
Unions National Prison Project, because it conveys a tough-on-crime
attitude. The public sees prisons as hotels, she said.
Unfortunately the public doesnt know how desperate these prisons
are.
Out of touch
Life in a control unit is far from hospitable. The degree of
deprivation varies from facility to facility, but in many, human contact is
kept to a severe minimum. Windowless cells with steel doors and thick walls
prohibit intra-cell communication. Meals, even Holy Communion, must come
through a food slot in the door. Inmates are not allowed contact visits and
must converse with friends and loved ones through plexiglass windows with a
guard monitoring the conversation. A strip-search usually precedes and follows
every visit, and prisoners are often shackled.
After spending a year in a supermax, inmate Ronald Epps
couldnt stand being touched. Upon his return to a Maryland prison, a
fellow prisoner shook his hand and then embraced him. I became visibly
shaken and cringed up as if I had been physically violated, Epps wrote.
I had not had any physical contact with another human being in so long
that I wasnt used to being touched.
Inmates at the new supermax in Malone, N.Y., exercise for 60
minutes a day in a cage attached to the back of their cells. The cage The
Village Voice reported, is about half the size of [the] cell, just
big enough to do jumping jacks. No barbells, no basketball, no horseshoes. The
cage is empty. Guards call it a kennel. In some facilities, Human Rights
Watch reports, inmates have been deprived of sunshine for years because
all recreation is indoors.
Many facilities rely on state-of-the-art technology to reduce the
interaction between authorities and prisoners. Cameras, rather than guards,
monitor the well-being or decline of the interned. Doors open and shut
electronically. The barrier of technology protects correction officials but has
led in some cases to serious neglect of prisoners, according to groups that
monitor prisons. In the H-Unit at the Oklahoma State Penitentiary at McAlester,
Amnesty International reports that prisoners are confined two to a small
cell for all but five hours a week. Because correctional officials are
isolated from inmates, serious health problems go untreated and inmate
conflicts undetected.
Constant state of
doubt
The most common feeling people in solitary confinement have
is that of extreme and profound anxiety, said Israeli psychiatrist Ruhama
Marton, who has worked to place legal restrictions on the use of solitary
confinement in Israeli prisons. He also is founder of the Association of
Israeli and Palestinian Physicians for Human Rights. Feeling totally abandoned
and suffering from hallucinations, the isolated person can degenerate into
a constant state of doubt and uncertainty in which they may lose their
self-confidence, self-esteem and finally their identity, Marton said.
The degeneration can happen fairly rapidly. Lawrence Hinkle and
Harold Wolff, who studied interrogation techniques used by the Soviet
Unions KGB in the late 1950s, found that prisoners subjected to sensory
deprivation and a strict regimen of control -- including being told how and
when to sleep -- declined in a matter of weeks. The prisoner becomes
increasingly dejected and dependent. ... Ultimately he seems to lose many of
the restraints of ordinary behavior. He may soil himself. He weeps; he mutters
and he prays aloud in his cell. It usually takes from four to six weeks to
produce this phenomenon in a newly imprisoned man.
Stuart Grassien, a Harvard Medical School psychiatrist and one of
the countrys leading specialists on the mental effects of solitary
confinement, said that it is toxic to mental functioning. Under
prolonged solitary confinement, the mentally ill become sicker and the
psychologically healthy show signs of acute mental illness. The psychological
damage is akin to that suffered by torture victims, prisoners of war and Arctic
explorers.
According to Grassien, two key functions of the mind are affected:
the ability to focus attention and the ability to shift attention.
The inability to focus causes cognitive problems. Difficulty in
concentration, memory loss, and feeling like you are in a mental
fog are commonly reported symptoms. One prisoner interviewed by Grassien
told him, I cant concentrate, cant read ... Your minds
narcotized.
The inability to shift attention creates a kind of tunnel
vision. The sufferer becomes fixated or stuck on something and can
experience hypersensitivity to external stimuli. A noise, a smell or the
flushing of a toilet two cells away seems unbearably irritating. Other symptoms
can include obsessive thinking, uncontrollable anger, paranoia and in severe
cases, psychotic delirium.
Most notably, specialists have found that solitary confinement can
cause permanent mental damage, leading some to label its use in prison as
a sentence within a sentence.
The mental side effects of solitary confinement and the lack of
transitional programs for people released from control units worry Riveland,
who said, Most of these people in [solitary lockdown] are not spending
their life in prison. What shape will they be in when they come out?
In its February briefing, Human Rights Watch reported that
prisoners in a supermax may be subjected to electronic stun devices,
chemical sprays, batons, stun guns, shotguns with rubber pellets and
violent abuse for misconduct.
For Bonnie Kerness, inmate reports of brutality are part of her
morning mail. Kerness, who is associate director of the American Friends
Service Committee Criminal Justice Program in New Jersey, founded the National
Coalition to Stop Control Unit Prisons six years ago. Her name is out on the
prison grapevine. Many of the reports come unsolicited, she said,
but she has carefully documented them in a publication titled Torture in
U.S. Prisons, still in its draft version. Inmates from more than 25 control
units describe in harrowing and graphic detail being beaten, strapped to beds,
strapped to tables, maced, subjected to racial taunts, left unmonitored in
restraining chairs for days and sprayed with up to eight cans of pepper spray
(suppliers of the spray warn against issuing more than a single, one-second
burst).
Allegations of torture
Sr. Beth Davis doesnt doubt the allegations that swirl
around Virginias two supermaxes. She doesnt doubt the story about
guards scrubbing a mentally ill inmate with a brush until he bled because he
refused to take a bath. She doesnt doubt Amnesty Internationals
allegations that the excessive use of stun guns in one facility could have
caused an inmates death. As an addiction counselor in a rural community
where everyone knows each other, she is privy to a lot of news. The
correction officials who have broken the code of silence and spoken
with her confirm the allegations of torture and abuse. I can only tell
you, Sr. Beth, one correction officer said, it is a war zone from
the time you are in.
Supermaxes are frequently constructed in remote, rural areas where
political opposition is unlikely. Wallens Ridge State Prison and Red Onion
State Prison, Virginias two high-security facilities, are located in the
southwestern corner of the state. Davis knew that placing the prisons in the
economically depressed region of central Appalachia was a recipe for an
explosion.
A member of the Congregation of Notre Dame, she has lived in the
town of St. Charles, a 25-minute drive from Wallens Ridge, for 30 years. She
speaks with compassion about the regions people who have shifted from
coal-dependency to prison-dependency. And she speaks with quiet,
articulate fury about a system that has pitted Southern rural whites against
imprisoned, inner-city blacks.
From the beginning, the whole pitch to the community
was jobs, jobs, jobs, she said. For men who had never had a
living-wage job with benefits, the option was attractive. Suddenly
theyre given a uniform, a badge and a gun. Many correction officials said
they had never been in a position of authority, and you couple that with the
fact that many had never seen people of color.
Renting out prison
cells
Virginia, like some other states, rents out space in its
supermaximum facilities to other departments of corrections. The going rate is
between $64 and $68 per out-of-state inmate per day. Shortly after Wallens
Ridge opened, Virginias corrections department contracted several hundred
beds out to the state of Connecticut. Many of the new arrivals were urban
blacks.
Davis said the whole process hearkens back to pre-Civil War days.
Were going from slavery to renting out prison cells, she
said. The attitude is, Weve got the cheaper cells so bring
them here. Were moving people like commodities.
Transferring inmates out of their home state, a common practice,
intensifies their isolation. Family visits become more difficult and legal
assistance less likely. In a letter to Kerness, a contract inmate from
Connecticut incarcerated in Virginia wrote that he needed to take the
proper steps to try and get back to Connecticut. My life is on the line. I
dont have many options left. I cant properly or adequately prepare
for a court hearing here in Virginia. They dont carry Connecticut case
law in their law library. I cant talk to my attorney or to my private
investigator.
Wright, who is researching the use of solitary confinement in U.S.
prisons, has called the prolonged segregation of inmates in control unit
facilities a modern phenomenon. Until fairly recently, Wright said,
you would have a small minority [of prisoners] sentenced to six 30-day
terms in administrative segregation, with a review coming at the end of each
term. Even this was an increase in inmate isolation policies from
previous decades. The 1959 Manual of Standards of the American Correctional
Association recommended a few days of punitive segregation for most
infractions and 30 to 90 days of administrative segregation in
extraordinary circumstances. These limits were set in recognition of the
fact that isolation can have a damaging effect upon some
inmates.
Jim Turpin, legislative liaison with the American Correctional
Association, said the change in confinement policy is to accommodate the
increasing number of violent inmates. Prison in many ways is a reflection
of the streets and society, which, Turpin said, have become more violent.
Its a different philosophy, different approach. Were dealing
with a lot different inmate than we were in the 1950s. What do you do if
youve got an inmate who is a proven threat to himself, the staff, or
other inmates?
Critics, however, say that in todays supermax there are no
clear guidelines determining entry or exit. Who gets isolated and for how long
is within the discretion of prison officials. In the absence of any
due process, prisoners can be confined indefinitely.
Gerry Berge, warden of the new supermax in Boscobel, Wis., said
inmates determine their own entry and exit. How you behave gets you to
the supermax, he told National Public Radio last November. When you
get here, were going to tell you exactly what youve got to do to
get out of here. I just dont see that as a high-tech torture chamber as
some people have described places like this, including this place.
National Public Radio reported that Berge planned to offer
incremental rewards to his inmates. Initially denied TV, radio and books, and
limited to one six-minute phone call a month, the prisoner may gain TV
privileges and greater use of the phone -- four six-minute calls a month -- if
he does not misbehave. Berge expected inmates would serve two-and-a-half years
at his supermax before returning to general population.
Most inmates are able to accomplish this, Berg told
National Public Radio. Were not setting up anything here
particularly more stringent than any other jurisdiction. Will some inmates not
make this? Yep. Therell be some inmates that will not get out of
here.
Does this punitive approach improve prison security? Riveland is
skeptical. Proponents of supermaxes point to the reduction in assaults on
inmates and staff as an indication of their effectiveness. But Riveland argues,
There exists little or no hard data comparing such perceived impacts on
entire systems versus the fiscal cost to gain such results. Moreover,
environments that prioritize human control and isolation have, Riveland wrote,
the potential for creating a we/they syndrome between staff and
inmates.
Walter Dickey, former Wisconsin corrections commissioner, opposed
the construction of the supermax in Boscobel. Dickey, who also spoke to
National Public Radio last November, said that with nothing to do all day and
limited contact with other people, inmates often become increasingly angry,
depressed and antisocial. Like the rest of the world, [prisoners] respond
more to opportunity, to the carrot, than they do to threats. If one looks at
ones self, how well do you respond to threats? Most people kind of get
their back up a little bit about it. And how well do you respond to the
opportunity to have a better life than you currently have? Most people are
eager to have a better life than they currently have. And prisoners are not
different.
Symptom of a larger problem
The human rights community has been ringing the alarm on control
unit facilities for the last half decade. As early as 1991, Human Rights Watch
voiced concern over the increasing trend of isolating prisoners in extremely
harsh conditions. Today, many who monitor prisons realize that the
allegations of brutality and torture are not isolated incidents but symptomatic
of a much larger problem within the U.S. penal system and even American
society. All call for greater public scrutiny of supermax facilities. Human
Rights Watch recommends bringing in independent monitors, severely restricting
the use of isolation and improving the physical conditions of supermaxes. For
example, put windows in the cells and allow for more congregate activity.
Kerness believes that public scrutiny must go beyond the prison
walls. In her campaign to close control unit prisons, she frequently urges
Americans to wake up and look to themselves and the kind of society they want.
Prison issues, she believes, are ultimately issues that touch on race and
class.
Davis is already awake. She and others in Virginia are starting a
criminal justice coalition open to anyone interested in criminal justice
issues. And she is confident that enough people are concerned. I
think, she said, we are going to have a real movement for
change.
National Catholic Reporter, December 8,
2000
|