The inhumanity of solitary confinement
For the past eighteen months or so, I have been
reading intense stories, articles and speculative narratives about solitary
confinement and its impact on imprisoned human beings. As a former deputy
warden of such an “inhumane” Special Management Unit in the Arizona State
Prison Complex Eyman in Florence, I was the chief administrator of this unit.
During my term of assignment within this most restrictive tonnage of concrete
blocks filled with rebar and steel gates, doors and windows, I observed what
society declared to be the “worst of the worst” inside Arizona prisons. I was
fortunate to have a team of excellent professionals to keep this assignment
afloat and avoid minimum collateral damage while assigned there.
For an outsider to attempt to understand “solitary
confinement” one must first step back and acknowledge that solitary confinement
is a condition of confinement termed erroneously as men are not solitary
in housing but rather segregated from general population prisoners for reasons
we will discuss later on. In reality, this housing assignment is known as
maximum custody or Level 5 in most prison agencies either state or federal.
It is true prisoners are locked alone inside their
cells for about 22 – 23 hours a day. It is true their food is delivered through
a food port designed for restraining the prisoner but serves a dual purpose of
safely handing the food trays to the prisoner without the need to open the cell
doors. The walls are unpainted concrete walls and their cells are windowless to
allow no direct sunlight into their cells.
In addition to being locked up alone, the Special
Management Units have expanded their bed counts to allow double bunking in both
units adding approximately 300 additional beds [at a taxpayer’s cost of
approximately $234,000 dollars] to maximum custody housing. Double bunking
maximum custody increase the rate of violence (gladiator wars inside the cells)
and put more staff in danger because of the imminent threat of opening the cell
doors with two prisoners inside them rather than just one.
Assaults and use of force incident have increased
and more staff are getting hurt today than ever before inside these darkened
and hollow gladiator pits where it is a “us versus them” mentality that created
the hostilities and mistrust in operations.
Today, many prison officials in Arizona are asking
for $ 50 million dollars to expand this system even further. Expanding maximum
custody while still engaged in a flawed method of managing those existing SMU
facilities where death runs rampant and medical and mental health care is
direly needed making it a recipe for total failure within time.
Their
cells are approximately 80 square feet with a steel bed to sleep on. They have
a combination stainless steel toiler, sink and shelve to put their personal
hygiene items on and a faded small steel mirror to groom themselves. The steel
inside these maximum custody cells are corroding and are in need of replaced
steel plates as time is wearing down even the strongest metal designed for such
a purpose.
This
corrosion was mainly created through neglect and lack of preventive maintenance
that doesn’t happen within such a dangerous place. One reason was the removal
of essential maintenance staff and the other was lack of funding to conduct
such repairs. Thus it is suspect that
the ventilation, sewer and electrical systems are also in dire need of
maintenance but none such work will be done as there isn’t sufficient staff to
take care of these things and the end result will be ignoring these problems
until they hit critical mass and the systems shut down.
It has
already been demonstrated more than once that the locking devices are failing
and old and only a steel pin keeps the door from opening allowing the prisoner
to escape his cell and attack an unaware officer walking his or her beat.
One
maximum custody prisoner managed to carve into to stainless steel sink combo
[with a 14 inch steel sharpened weapon] and escape his cell through the wall
into a mechanical room and attacked an officer from behind as he planned a
hostage taking after making several statements he would kill a correctional
officer if he had the opportunity to do so. His efforts took many weeks to
complete thus was evidence or indicative of the lack of security rounds made
due to his intentional hostilities towards staff and staff’s willingness to
leave him alone and not check on him or his cell for the duration it took him
to cut a hole in his maximum security wall and attacked an officer as a plan to
take a hostage.
There is
rare human contact through actual touching of skin or person. They are
restrained in upper and lower mechanical restraints often referred to as
shackles. Then, after being stripped searched, they are escorted in these chains
to and from locations such as the infirmary, visitation [again non-contact and
via window and phone] and other appointments [off-site medical or court
appointments] it us usual for two officers to conduct such an escort if the
prisoner has a history of assaultive behaviors or unwillingness to abide by
institutional rules.
Maximum
custody is staff intensive and is the most expensive kind of housing in any
prison system.
They do
have contact with other prisoners or human beings but it is not personal contact;
it is impersonal and often delivered with shouting or yelling across the pods
of cells into the recreation boxes or areas nearby in shouting range. They “fish”
their hand delivered messages and contraband from cell to cell and communicate
more elaborately than those of us that use the internet as their
confidentiality levels exceed those of any firewall or webmaster.
They are
kept in conditions that are difficult to describe unless you worked there,
lived there or been there for any prolonged period of time. The place has a
smell of its own (like dirty feet or socks) and is drab in color and hollow in
reverberating sounds as the noise bounces off the walls endlessly.
They are
allowed to read books [they can exchange book via the library], write letters,
watch television and engage in conversations with other prisoners through the
cell doors (perforated with holes to allow maximum air flow) made of steel and
double locked with safety pins to avoid accidental opening of these doors
allowing two prisoners out at the same time which would violate the policy of
one prisoner out of the cell at a time.
They do
live in a state of idleness. They are prevented by statutory law to seek higher
education opportunities but are allowed to engage in attaining their GED or
meet mandatory literacy act conditions. They have access to a phone and share
an informal schedule agreed upon by all inside that pod and often call those
who will accept their collect calls with premium rates attached to them.
When they
are allowed out of their cells, they are placed in a large concrete box void of
any exercise equipment and covered with a huge steel rail welded with heavy
gauge steel mesh to allow the sunshine to pour through. They are allowed two
hours of recreation and shower three times a week. Many engage in this opportunity
to leave their cell area but a quarter of the population tends to refuse to
leave their cells because of the heavy security requirements before and after
such an activity. Secondary, it is practice that when a prisoner goes to
recreation his cell area is searched for contraband and inspected for any
tampering of equipment that may have occurred within the time he is there alone
and not under any supervision. If they leave, they stand a chance of losing
some of their unauthorized property either altered or attained through
unauthorized means.
Special
Management Units are designed for isolation and control. This is the primary
design and it serves this purpose well. It has been an expectation by society
that every prison system has a designated unit for such purpose and in Arizona
there are three maximum custody units that fit that purpose and design. Special
Management Units (SMU) are seriously understaffed. This has been a grave flaw
of these control units as staffing patterns have been altered and downsized by
budget and agency needs to re-allocate staff [especially shift supervisors] to
other facilities throughout the state leaving the SMU without good leadership
capabilities and decision making tools.
Since
2009, the staffing patterns of these Special Management units have been cut
severely impacting their daily operation in such a manner, many of these
mandated services are limited or short cuts must be taken to meet the daily
schedule or agenda for the day. This is one of those conditions that lead to
“perpetual incapacitation” or incarceration without relief of fresh air /
sunshine.
It is
nearly impossible to allow every prisoner his time in the shower or rec cage as
there aren’t enough hours in the day to meet these conditions of confinement as
outlined by their own policies. Make up days are Saturday and Sunday and they
are never caught up leaving approximately a quarter of the population without
recs or showers on any given week. The rotation makes is bearable that most get
their showers and exercise but nevertheless, there isn’t enough time in the day
to do them all.
Another
grave flaw of these Special Management Units is the placement of those severely
mentally ill (SMI) prisoners. The mixing of these SMI prisoners with
anti-socially behavioral misfits inside these walls creates bedlam and chaos
for both prisoner and staff.
It is
true that “people go crazy here in lockdown” and it is for certain that many of
those who weren’t mentally ill before their placement here are now teetering on
being borderline insane because of these environmental influences that strips
their humanity away day by day as they are incapable of doing anything about it
and frustrated that they are kept in such dismal conditions of confinement when
many are in denial they need to be there for a specific purpose or reason based
on their own misconduct or behavior prior to arriving at the SMU.
It is also
truthful to say that those who are non-violent can become violent and those who
are already violent exceed their own limits of tolerating violence and thrive,
plan and participate in extreme violent acts perpetrated through scheming and
wanting to harm or kill a correctional officer.
To say
the word “hate” doesn’t exist would be a lie. Hate is rampant and drives the environment
on any given day that often results in the deployment or discharge of chemical
agents, stun guns or even the K 9 cell extraction dogs. Hate exists on both
sides of the cell door. Those who wish to harm these officers walking in front
of their cells and attempt to spear, dart, and spit or throw feces and urine to
assault them carry out their mission with amazing accuracy.
It is
most hazardous to walk within the front of any cell without the fear of being
smeared with bio hazard substances or drenched in someone else’s urine. Society
must know that these are indeed “gladiator pits” and an underworld of pain and
violence.
On the
contrary of what people think what goes on in there, it is the staff that
protects this environment with deliberate silence but also with pure dedication
to get the job done no matter how short handed they are. Silence is taken as a
sign of loyalty to the individual or persons in charge who works there and
endures the harassment and hate within this place. Silence allows behavioral
modification models to reinforce positive means due to negative behaviors. This is where this type of environment is most
volatile and subject to variances not written in any policy or procedure
related to the management of prisoners inside the SMU. Silence condones the
acts of officers who deal with the kind of working conditions nobody else could
even imagine as they adapt, improvise and overcome both personal and physical
structures and barriers to get the job done anyway they can.
The
physical plant layout is effective as there is a structural separation between
the control rooms above and the cell areas below. This prevents hostage
situations and access to exit doors. Computer enhanced programs maintain the
doors to all entrances and the control room officer has a birds eye view of the
officer below at all times. The problem with these SMU control rooms is they
are often vacant due to staff shortages thus an officer below cannot enter the
cell area to make a unit check unless the officer above is present to punch the
computer keyboard and observe.
This
shortage leaves adjacent control rooms empty and without observation for hours
at a time leaving the cell area unsupervised and without officer presence
either on top or on the bottom.
The SMU
such as the Browning Unit have wings. Each wing has a designated purpose. For
example, every wing has common clusters with pods within those clusters. Ten
men cells and six pods make a cluster. There are long wings and short wings.
Long
wings have four clusters e.g. A, B, C and D clusters. Short wings have two
clusters, E and F wings. These are either designated for general population
prisoners or the containment of the Behavioral Unit or Enhanced Security Unit.
On the other side we have more wings. These wings are the Security Threat Group
wings where we have I, J, K, L clusters and death row wing has G and H
clusters.
Needless
to say, all wings are overflowing creating a mixture of non death row and
validated gang members being in adjoining cells and with no physical separation
except concrete and steel. In addition some such as E and F clusters have been
double bunked with no staff increase on the rosters and tax the staff
tremendously when it comes to feeding, recreation or showers.
While
there at the Browning Unit, we housed prisoners that were violent and
non-violent; escape risks and those serving extreme long sentences. Then there
are the severe mentally ill and behavioral misfits that can’t or won’t follow
institutional rules and have committed serious acts of violence with or without
weapons and committed other state crimes within the prison setting including
homicide.
There
are over 240 gangsters housed there and validated to be incarcerated at maximum
custody levels commonly referred to as Level 5.
Some have been there for over ten years and some are there because of
recent gang activity that involves moving drugs on the streets as well as
inside the prison walls as they control drugs and divide their profits
according to those by laws established by the heads of each gang that is
divided by race and ethnicity.
In
addition there are protective segregation prisoners who have committed crimes
that are unacceptable by their own prison standards and need protection from
being killed by other prisoners. There are also those individuals who have
perpetrated acts against the administration or correctional officers and are
housed there to closely monitor their behavior and conduct while serving the
remaining time on their sentences.
During my assignment at the SMU II or now
renamed Browning Unit, there was dedicated staff who worked hard to maintain a
safe and orderly environment. They carried out their orders, their tasks and
their duties without so much a whimper of complaint and have exceeded any
administrator’s expectation to be professional and to the best of my knowledge
performed life saving acts e.g. CPR and other first aid tasks to keep prisoners
on suicide watches alive and did so in the finest standards possible.
One could not keep count of the numerous times
they saved lives and prevented a self-inflicted death attempt either by hanging
or cutting themselves with unauthorized razors smuggled in after a shower was
completed but not searched thoroughly (in the
mouth) when returned to the cell.
These SMU units are considered to be the “end of
the road” for those assigned there and often released from there once they do
their time. They are punitive in nature and design. Solitary confinement is a
misnomer for it is actually maximum custody with all the legitimate tools
available to manage prisoners at such a high level.
However,
solitary confinement is a condition that has invaded or contaminated these
maximum custody units because of their mismanagement of time housed there,
reasons for being kept there for prolonged periods of time and the lack of
attention to detail and operational needs that creates chaos and misdeeds in a
very relative short period of time if allowed to fester and left untreated.
It is true that some administrators misuse this
placement to impose punishment upon punishment. It was not designed for that
purpose nor was it meant to be long term for those who needed protective
custody, SMI or other administrative needs. It was designed for gang control,
homicide perps (cop killers and correctional officers especially) suspects and
extremely violent and uncooperative prisoners that have an extension history of
assaultive behaviors on staff and other prisoners.
A legitimate gang step down program was put into
place in 2007-2008 to allow those identified to be gang members to go to a
lower custody level based on positive participation of the program and staying
away from gang activities. There are also debrief options on the table that
allows prisoners to renounce their gang membership and go into protective
custody after sharing gang intel and passing a polygraph to confirm their
information. Between these two programs,
many gang members are eligible to reduce their custody levels and function in a
less restrictive environment until their time is done.
The trend
to fill solitary confinement must be reversed. Government leaders must
insist in reducing their population within numbers staff can effectively and
safely managed. Classification for such placement must be justified and reviewed
and revised to allow timely reviews to be conducted to allow release or
programming while in such a status within an SMU.
Placement terms must become shorter with viable
alternatives attached or available for those eligible to reduce their custody
levels based on program compliance and clear conduct for an expressed time
period since their arrival within this custody level.
Administrative oversight should not end at the
warden’s office but rather be subject to review by an independent board of
inquiries composed of a medical employee, mental health staff, a case manager
and an administrator with a civilian appointee as the chair person to ensure
independent thinking and problem solving.
Grievances and due process procedures must be
scrutinized for patterns of behavior or misbehavior by staff as well as those
who abuse the grievance procedures to make a mockery of their rights to express
concern or discrepancies.
The use of maximum custody commonly referred to
as solitary confinement must be selective and handled with professionalism and
objectivity rather than the opposite manner it is being handled today. The manner of neglect and inattention to
details resulted in a mission creep that leaves us with mayhem today.
More information has revealed that extreme
isolation can and does impact a human being in a most negative manner. Just how much is left up to the individual
impacted but nevertheless, it creates more treatment care and drives up the
costs of such placements. It also puts many correctional employees is harm’s
way as this environment is both hostile and dangerous for all that enter there
without the proper protective or safety equipment.
The removal of the severely mentally ill alone
will reduce deaths, self harm and other acts that are created by this
environmental structure as it destroys the prisoner’s hopes to being well again
and touch [have human contact] with someone again like they did before they
were placed inside this condition called “solitary confinement.”
Source:
http://www.sunjournal.com/news/columns-analysis/2012/07/09/colin-dayan-inhumane-world-solitary-confinement/1220009
