An Analysis of Past and Current Uses of Solitary Confinement and Recommendations for Best Practices Moving Forward Approved by: Dr. Mike Klemp-North, PhD Date: May 13, 2021 2 An Analysis of Past and Current Uses of Solitary Confinement and Recommendations for Best Practices Moving Forward A Seminar Paper Presented to The Graduate Faculty University of Wisconsin-Platteville In Partial Fulfillment Of the Requirements for the Degree Master of Science in Criminal Justice By James A. Cairns 2021 3 Acknowledgments I would like to acknowledge my family for their ever present patience in dealing with me while I have pursued this endeavor. My mother for inspiring by simply being the smartest person I’ve ever known, and raising me to question and explore, letting me fail, and helping pick me up when I fall. My children for being a constant reminder that the world and the life we live does not always have to be as serious as I can make it out to be and my fiancé for believing in me far more than I have believed in myself. I would like to acknowledge my friends whom are too many to list who have simply lead by example in their excellence. I’ve been blessed to have spent a life surrounded by those who achieve excellence in their respective fields and lives. I would finally like to acknowledge the staff and faculty at Gateway Technical College, the University and Wisconsin-Milwaukee and the University of Wisconsin-Platteville. Particularly Joseph Whiten and Richard Stein and Chief Raymond Clark for displaying leadership in the law enforcement field that the world could use more of, and Dr. Michael Klemp-North for being my advisor in this seminar paper and unknowingly being the inspiration for the topic of study for this final exercise. I cannot express my thanks to these people enough. 4 Abstract The policies guiding the use of solitary confinement in the United States correctional system are in need of research and revision. The purpose of this research is to develop a set of recommendations and best practices based on current programs and alternatives to the use of solitary confinement. The methods of this research include using secondary data from both qualitative and quantitative analysis of the effects of solitary confinement and exploring the historical effects on inmates in isolation dating back to “silent prisons” in the 1820’s (Steinbuch, 2014) to present day. The severity and existence of the effects of solitary confinement has come under contestation in recent years, though the bulk of qualitative research has found that solitary confinement has detrimental mental and physical effects on inmates that are subjected to isolation. The research conducted here has highlighted the need for reforms such as: more streamlined research, better access to prisons and prisoners, the need for independent oversight when evaluating inmates prior to, during, and after a stay in solitary confinement, as well the abolition of solitary confinement for subjects that have been diagnosed with a mental illness and time limits on those that are sentenced to solitary confinement. 5 Table of Contents APPROVAL PAGE 1 TITLE PAGE 2 ACKNOWLEGMENTS 3 ABSTRACT 4 TABLE OF CONTENTS 5 I. INTRODUCTION 7 A. Statement of the Problem B. Purpose of the Research C. Methods of Approach D. Assumptions F. Limitations II. LITERATURE REVIEW 11 A. A History of Solitary Confinement B. Legal Issues with Solitary Confinement C. The Purpose of Solitary Confinement D. Controversy Surrounding the Effects of Solitary Confinement E. Negative Effects of Solitary Confinement F. Reforms to Solitary Confinement III. THEORETICAL FRAMEWORK 37 A. Deterrence Theory B. Social Isolation Theory 6 IV. RECCOMENDATIONS 40 A. Training B. Oversite C. Abolishment D. Sentence Limits E. Funding, Education and Research F. Final Thoughts/Discussion V. CONCLUSION 48 VI. SOURCES 50 7 I. INTRODUCTION A. Statement of the Problem The use of solitary confinement in the US correctional system has a long and storied history and is a topic of much debate. The study and history of solitary confinement is important in order to see how and why the policies and guidelines for the use of the practice have changed over time. By looking at the motivations and important occurrences in history of solitary confinement, an updated series of guidelines and best practices can be developed to better ensure inmate and public safety. The controversy between qualitative and quantitative researchers is also studied and highlights the differences in research style, the outcomes published, and shows the importance of unified study with greater access and more streamlined research methods. The need for better research studies becomes even more prevalent as the special population of mentally ill inmates who may suffer greater negative impacts by being subjected to solitary confinement is explored. With those research goals in mind, many researchers are of the opinion that the correctional system has not sufficiently adjusted its use of solitary confinement in the modern era (Grassian, 1983; Haney, 2018). Research finds that the consistency of negative psychological effects on inmates in some solitary confinement settings is extremely high (Haney, 2018) and there are estimates that say that as many as 80,000 to 100,000 inmates are currently in solitary confinement at any given time (Chadick et al., 2018, p. 102). The increase in populations in solitary confinement has outpaced the increase in the overall prison populations (Gibbons & Katzenbach, 2006). Prison staff are generally ill equipped to recognize and treat mental illness and require more training to be better prepared for their role in dealing with mental illness as it pertains to solitary confinement in the correctional system. 8 Correctional facilities are notoriously difficult to conduct research in for a bevy of reasons, not the least of which being the security threats that some inmates may pose to researchers. However, the controversy and disagreement in the correctional research field is a strong indicator that more access needs to be granted to the research community and funding made available for multi-level research projects to be able to reach a consensus on the definitive effects of solitary confinement on an inmate. In addition to the potentially negative effects of solitary confinement is the lack of oversite, guidelines and training for correctional administration and staff. Both parties can be perceived to be ill equipped to deal with the potential psychological effects of solitary confinement and yet they are granted unprecedented discretion on how solitary confinement is used, and for how long. This is cause enough to reflect on current policies, study past practices and findings and develop new policies and strategies for the use and mitigation of solitary confinement in the US correctional system. B. Purpose of the Research The purpose of this research is to study policy and research findings and use those past and current policies to challenge the current usages of solitary confinement by exploring alternatives to it and developing recommendations for best practices when concerning the use of solitary confinement. A 2014 study showed that it was estimated that between one fifth and two thirds of solitary confinement inmates suffered from some sort of mental illness (Steinbuch 2014). There is recent controversy in the research community about the severity of the effects of solitary 9 confinement, however the bulk of qualitative research suggests that time spent in isolation has a myriad of negative mental, physical and psychological effects on inmates. There are numerous policies and programs that are in use across the country in states like NY, CO, MI, NM, TX, MS, and WI. With the help of this research it is possible to develop a set of best practices for the use of solitary confinement by using the programs and policies that have been shown to reduce the population of solitary confinement inmates while continuing to protect the inmates and staff from potential dangers. It is important to remember what is at stake when concerning the mental health of prisoners. First, while inmates may receive a stigma for the crime that they have committed, they are paying the required penance for that wrongdoing. In doing so, they are constitutionally protected to be free from cruel and unusual punishment that would cause them undue harm. It is also important to remember that the majority of prisoners are eventually released from prison. Approximately 95% of all prisoners are released back into the community (James, 2015). This means that politicians, correctional administrators and staff and legislative bodies owe the general public a debt of ensuring that punitive sentences like solitary confinement do not put the public at risk unduly. C. Methods of Approach Data for this study has come primarily from secondary sources such as statistical studies, psychological studies that incorporate surveys, state and national statistics, textbooks and court cases. Primary research has come from historical and modern qualitative and quantitative studies, interviews, longitudinal studies and meta-analysis. 10 D. Assumptions Assumptions dealing with this study have primarily to do with terminology. Solitary confinement is a term that is used interchangeably with other similar terms that may or may not mean the same thing. This also becomes a limitation when conducting secondary data research as those terms must be clearly defined before moving forward. For example the term administrative segregation can be used interchangeably with the term solitary confinement however, in some cases administrative segregation is not solitary. In some states, solitary confinement cells are “doubled” with more than one prisoner. For the purpose of this study the following terms can be used interchangeably: solitary confinement, administrative segregation (ad seg), restrictive housing unit, special housing unit (SHU), and punitive segregation. All of these terms are defined by a single inmate being confined completely to a small cell for approximately 23 hours a day with the only exit from the cell being segregated exercise, hygiene, or medical needs.