METHODOLOGICAL CHALLENGES to the STUDY and UNDERSTANDING of SOLITARY CONFINEMENT 45 Methodological Challenges to the Study and Understanding of Solitary Confinement
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December 2015 METHODOLOGICAL CHALLENGES TO THE STUDY AND UNDERSTANDING OF SOLITARY CONFINEMENT 45 Methodological Challenges to the Study and Understanding of Solitary Confinement Michael P. Harrington Northern Michigan University ON ANY GIVEN DAY as many as 80,000 points to an important need for an empirical order of the institution, or information that, inmates are in isolated confinement in state and examination of the more day-to-day use of if true, would threaten the safety and security federal prisons. This figure does not include isolation as a strategy for managing inmates. of the institution. Temporary Segregation those isolated in local jails and detention cen- One explanation for the absence of such can be used during the investigation of rule ters or juvenile facilities (Shames, Wilcox, & research may be the methodological chal- infractions or verification of information Subramanian, 2015). The frequency and length lenges inherent in attempting to examine the of potential threats to order by individual of the isolation experienced by inmates has use of isolation in prisons. This article defines inmates. Temporary Segregation generally been criticized by many (Lovett, 2013; Baker some of the methodological challenges that precedes the other forms of segregation and & Goode, 2015; Goode, 2015) and has been may contribute to the research void. By iden- is usually for a brief time (72 hours or less). the topic of special interest groups (Baker & tifying such challenges, researchers and prison Extensions often occur following administra- Goode, 2015). In the summer of 2013, inmates administrators may have a mutual under- tive review and approval. Such extensions in the California prison system embarked on standing of these challenges and collaborate are generally tied to pending classification a hunger strike in hopes of drawing attention in the future. Collaborative research outcomes decisions or due process hearings. Because to and potentially reforming the state’s use of may influence correctional policy and offer Temporary Segregation is not punitive in solitary confinement. At its peak, over 33,000 guidance to “best practices” and evidence- nature, limitations on inmate privileges should inmates throughout the California system were based inmate management strategies. be based on a “least restrictive” approach. The refusing meals (Lovett, 2013). Such action has Defining solitary confinement, on its restrictive nature of Temporary Segregation drawn national and international attention to face, appears rather basic. Adult correctional often excludes these inmates from participa- the use of solitary confinement as a strategy facilities rely primarily on three different tion in prison programs and work details. for prison management in the United States. types of solitary confinement. These types Despite the widespread use of isolation, empir- are commonly called temporary segregation, Disciplinary Segregation ical examinations about its use are limited. disciplinary segregation, and administrative Disciplinary Segregation is the punitive isola- Those studies that have examined the practice segregation. Each of these carries with it vary- tion of an inmate for the violation of prison have focused primarily on supermax units ing restrictions on inmate movement and rules. Disciplinary Segregation follows a due (Haney, 2003; Haney & Lynch, 1997; King, inmate privileges. Browne, Cambier, and Agah process hearing consistent with conditions 2005; Mears & Reisig, 2006; Mears & Watson, (2011) and Shalev (2008) describe the types prescribed in Wolff v. McDonnell (1974). 2006; Toch, 2001). of solitary confinement used by adult correc- Disciplinary Segregation is determinate in Despite this increased awareness and criti- tional facilities. I summarize them below. nature and does not require further admin- cism of the use of solitary confinement, little istrative review for release from Disciplinary research has been done examining the phe- Temporary Segregation Segregation to the general prison population. nomenon. What research has been conducted Temporary Segregation is the immediate iso- Disciplinary Segregation generally carries with has generally focused on the effects of extreme lation of an inmate from the general prison it a broad set of restrictions on inmate move- isolation on individuals (Haney, 2003; Haney, population. Most often the decision to do so is ment and privileges that are applied to all 2008; Haney & Lynch, 1997; King, 2005). made by supervisory personnel using limited inmates in that status regardless of the severity Despite this research there remains a void information. Often these decisions are made of the rule violation, length of disciplinary term, in the quantitative examination of inmate as a result of a crisis (Browne, Cambier, & or the threat to institutional order. Moreover, isolation. Shames, Wilcox, and Subramanian Agah, 2011; Shalev, 2008), such as a physical these restrictions are not necessarily related to (2015) note that less than one-third of inmates altercation, possession of major contraband, the rule violation(s) that resulted in the punish- that are isolated are in a supermax setting. This behavior that is thought to disrupt the general ment. The limits on the length of disciplinary 46 FEDERAL PROBATION Volume 79 Number 3 segregation vary with the jurisdiction and the prison population (Browne, Cambier, & Agah, Supermax prisons generally come in two severity of the rule infraction. 2011; Shalev, 2008). Additionally, Protective forms. The first is what has been termed a Custody can come in two forms: voluntary stand-alone facility. Stand-alone Supermax Administrative Segregation and involuntary. prisons operate solely for the purpose of Administrative Segregation is for the purpose Voluntary Protective Custody occurs when isolating inmates for long periods of time. of isolating individual inmates who present a an inmate self-initiates or requests protective Stand-alone operations do not have a general continued threat to the safety and security of placement. The response by prison officials prison population, have limited programming the prison staff and visitors, as well as other varies upon the jurisdiction but traditionally opportunities, highly restricted privileges, and inmates (Browne, Cambier, & Agah, 2011), or involves placement in temporary segregation a higher staff to inmate ratio. The second form the orderly operation of the prison (Toch, 2001; while the threat is investigated to verify its of Supermax segregation is co-located facili- Irwin, 2005). The justification for the isolation legitimacy. In these cases inmates are more ties. Co-located facilities are segregation units of these inmates is based on staff perceptions, likely to challenge a denial of Protective within a prison. Depending on the size of the anonymous tips from other inmates, or prior Custody rather than the placement in protec- prison and its operational mission, co-located activities outside of prison, including past tive custody. On the other hand, involuntary Supermax prisons may be separate from seg- gang affiliation. Inmates have a limited ability Protective Custody is a classification deci- regation units that isolate inmates for shorter to challenge these decisions and are generally sion that is similar in practice to decisions periods of time. unable to confront the accusations directly. for placement in Administrative Segregation. Administrative segregation decisions generally Inmates who are involuntarily placed in Challenges to the Empirical follow a period of Temporary Segregation or Protective Segregation may challenge such Study of Isolation Disciplinary Segregation. Decisions to employ placement for a variety of reasons. Chief The methodological examination of solitary Administrative Segregation most often come among such challenges would be an avoidance confinement poses several issues. The first from classification committees or a review and of the “snitch” label that is placed on protective challenge is the nature of prison records. In order from higher administration. Inmates custody inmates irrespective of the accuracy this case, prison records refers to an individual in Administrative Segregation have severely of such a label. record of an inmate that contains pertinent restricted movement and limited access to Protective Custody is a non-punitive form information about the reason and length of prison programs and services. Additional of isolation and is indeterminate in length. the inmate’s confinement, classification infor- privileges, including property possession, are The conditions of protective custody are often mation, incident reports, and various other made based on individual criteria and the based on the institution’s or correctional sys- documents necessary both legally and opera- threat the inmate presents. Administrative tem’s ability to house these inmates safely tionally when managing inmates. Prisons Segregation is an indefinite term of isolation from the general prison population. Those traditionally operate out of the public eye and and the criteria for release are often vague, operations able to operate separate units of tend to avoid publicity. In keeping with this, general in nature, and often unknown to the protective custody inmates can manage these prison officials are traditionally protective of inmate (Toch, 2001; Irwin, 2005). The lack inmates with less reliance on total isolation. records and often reluctant to permit outsid- of clearly articulated