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EDITORIAL: Record keeping critical to studying solitary

Free Lance-Star - 1/17/2019

Jan. 17--AFTER ISSUING a report last May called "Silent Injustice: Solitary Confinement in Virginia," the ACLU wrote to Gov. Ralph Northam urging him to issue an executive order banning solitary confinement at corrections facilities across the state.

It's safe to say that no ban on solitary is likely in the foreseeable future without a viable alternative, but the report has spawned legislation that would bring transparency to the practice. It merits a hard look by lawmakers.

A pair of identical bills, HB 1642 (Del. Patrick A. Hope, D -- Arlington) and SB 1140 (Sen. Barbara A. Favola, D -- Arlington), would require Virginia corrections officials to file detailed annual reports on the use of solitary confinement. The reports would include the number of inmates placed in solitary and for how long; the reasons for such confinement; each inmate's "age, sex, gender identity, national origin, race and ethnicity, English proficiency status, developmental or intellectual disability"; a specific count of "vulnerable" inmates--those 21 years old or younger and 55 or older; and the number of "self-harm" incidents involving each solitary inmate.

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The idea is to get an understanding of the state's use of solitary as officials look to implement reforms. Studies of solitary confinement raise questions about excessive and long-term use, and its possibly adverse effect on the metal health of inmates or the worsening of mental illness issues.

Does it ever qualify as cruel and unusual punishment? Does it prevent these inmates from receiving the mental health care they need? Is it counter-productive to isolate and deny an inmate contact with others for 22 hours a day or more?

On the same day as the ACLU report last May, the state Department of Corrections responded with a news release entitled "Virginia Stands Out for Operating a Corrections System Without the Use of Solitary Confinement." It then touts the state's effort to reform and limit the use of "restrictive housing," which it really is trying to do. Opponents of the practice, however, cite the broad use of terms such as restrictive housing, or administrative segregation, or disciplinary isolation by corrections officials who prefer to avoid the hot-button term "solitary confinement."

Solitary has long been justified as the last resort for inmates who hurt other inmates or guards while assigned to the general prison population. It is also serves as protective custody for inmates at risk of being attacked by other inmates. It's worth noting that just 20 years ago, during its no-parole prison-building binge, Virginia opened two supermax prisons, Red Onion and Wallens Ridge, that were designed to house most inmates apart from guards and each other.

The legislation doesn't call for any moratorium on solitary confinement, but a Senate Joint Resolution carried over from last year calls on the Department of Corrections and the Department of Criminal Justice Services to study its costs and consequences. It instructs officials to seek information from other jurisdictions and experts in the field on alternative methods of dealing with dangerous and seriously mentally ill inmates.

Such study would be worthwhile before any plan to eliminate solitary confinement--or whatever you want to call it--is implemented.

Virginia officials have shown a willingness to lead on criminal justice issues, such as doing away with parole in the 1990s and more recently, boasting the nation's lowest rate of recidivism. That reputation also reflects a willingness to reform, such as revisiting possible parole eligibility and three-strikes rules, and doing away with the archaic 21-day rule.

By requiring corrections officials to track their use of solitary confinement, lawmakers will have the records they need in addition to harrowing anecdotal reports by inmates who say solitary was undeserved for what they did or that their mental state was allowed to deteriorate while segregated.

Even though the reportedly 800 Virginia inmates doing time in some form of solitary at any given moment represents just 1 percent of the solitary population nationally, these 800 individuals deserve to be treated humanely and afforded the opportunity to receive effective treatment for what ails them--without increasing the risk they pose to other prisoners and guards.

We believe that Virginia corrections officials are working hard to limit the use of of solitary and are seriously pursuing reforms. But the General Assembly's oversight is necessary and the transparency this legislation would provide is essential.

We urge bipartisan support.

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(c)2019 The Free Lance-Star (Fredericksburg, Va.)

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