Running head: POLICY PAPER

Policy Research Paper Kevin Draves Ferris State University CRIM 499

POLICY PAPER When hearing the words solitary confinement, the first thing that comes to my mind is

extreme isolation. I picture an inmate with next to nothing to keep him or her occupied and little to no human contact on a daily basis. According to Metcalf et al. (2013), The practice of inmate isolation involves separating inmates from the general prison population and restricting their participation in daily activities such as recreation, shared meals, and various inmate programs (p.2). I have toured two prisons throughout my college experience and I have actually seen segregation cells. They were very small cells with dim lighting, no television, and no windows. It was a very intimidating place and I could not help but to wonder how an individual could live in a place like that for months or even years at a time. In my opinion, solitary confinement appeared to be hell on earth. According to Cockrell (2013), the practice of solitary confinement began in America in the 1820s with two prisons, one in Pennsylvania and the other in New York. There are many arguments as to whether solitary confinement is deemed humane for an individual. Prisoners in solitary confinement are commonly subjected to 23-hour lockdown, during which they are completely alone in their intentionally bleak cells (Cockrell, 2013). Inmates often do not see the sun for years at a time and communication between inmates in solitary confinement is forbidden (Cockrell, 2013). According to Cockrell (2013), prisoners get little stimulation, have limited educational opportunities, no work opportunities, very little entertainment, and only a few hours of exercise per week in another cell slightly larger than the ones they call home. Segregation is used for a variety of reasons. Browne, Cambier, and Agha (2011) state that it is used as a form of punishment for rule violations, as a way to remove prisoners from the general prison population who are thought to pose a risk to security or safety, and as a way to provide safety to prisoners believed to be at risk in the general prison population. Prisoners may

POLICY PAPER stay in segregated housing for years without the opportunity to engage in the types of interactions, treatment, and education experiences that would help them adjust when reentering

either the general prison population or society (Browne et al., 2011). According to Browne et al. ( 2011), people who have been housed in segregation for long periods of time may find it difficult to be in the company of others, whether in the general prison population or later in the community. I believe this could cause a negative effect on the individual and may raise the likelihood for the offender to re-offend. Guenther (2011) reports that since the emergence of supermax prisons in the mid-1980s, solitary confinement has raised many questions. There are legal questions about the constitutionality of a practice that strikes many people as cruel and unusual punishment, ethical questions about the permissibility of radical isolation, and clinical questions about the psychological effects of prolonged isolation (Guenther, 2011). After long periods of being deprived of everyday encounters with other people and confined to a space with radically diminished sensory stimulus, many inmates come unhinged from reality (Guenther, 2011). According to Guenther (2011), this is referred to as SHU syndrome, which stands for special housing unit syndrome. Inmates believed to be diagnosed with SHU syndrome say that their senses begin to betray them. For example, objects start to move, melt, or shrink right in front of them (Guenther, 2011). Reports have been made of hallucinations such as movements, images, and feelings of being touched or poked (Guenther, 2011). Guenther (2011) questions the extent of psychological damage being done and is concerned with whether or not every inmate will recover from this state of mind. Weissler (2009) says that inmates are restricted from their full potential by being brainwashed into becoming submissive and insecure individuals.

POLICY PAPER On a more positive perspective, prisoners are able leave their cells from time to time for shower, recreation, appointments, etc. According to Browne et al. (2011), prisoners in

segregation are generally taken out of their cells for only one hour per day for either recreation or a shower. Not every prison follows this same schedule. Some institutions allow inmates out of their cell only one day a week but for five hours at a time (Browne et al., 2011). Typically, recreation takes place in either an open cage outdoors (called a yard) or an indoor area with an open barred top (Browne et al., 2011). Prisoners in segregation are always cuffed and often shackled at the waste and placed in leg irons when leaving their cells (Browne et al., 2011). When it comes to meals, there is no chow hall for them. Meal trays are delivered individually to each inmate through their slot tray on their door (Browne et al., 2011). In many cases, the food tray slots are also used for visits with counselors and mental health staff to eliminate transporting inmates to and from appointments (Browne et al., 2011). According to Browne et al. (2011), prisoners in segregation are typically not allowed contact with other prisoners and visits with family members are curtailed or may be completely prohibited for a year or more. In my opinion, the minimal amount of yard time and shower time does not compensate for the extreme isolation inmates in segregation are subjected to. According to the Michigan Department of Corrections (2010), inmates in segregation are allowed all necessities required for safe and sanitary living. Some of these items allotted to the inmates are sitting and writing surface, mattress, pillows, blankets, toothbrush, toilet paper, sanitary napkins (for female prisoners), three meals a day, and opportunity to shower and shave at least three times weekly (Michigan Department of Corrections, 2010). What I did not see in the policy was inmates being able to have a television in their segregation cells. I understand that segregation is punishment, but being locked in a tiny cell for 23 hours a day with very little

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human contact for extended periods of time is a tough punishment as it is. I would recommend a policy change for television privileges. I believe by having televisions in segregation cells, it would reduce unnecessary aggravation with prisoners as well as reduce the risk of SHU syndrome and other mental health issues related to isolation. The Michigan Department of Corrections (2010) also states that a prisoner must be given a minimum of one hour per day, five days per week of out-of-cell exercise. An exception is for reasons of safety or security or if a prisoner is serving a sanction of detention or loss of privileges which includes the loss of yard (Michigan Department of Corrections, 2010). According to the Michigan Department of Corrections (2010), the prisoner shall not be deprived of out-of-cell exercise for more than 30 consecutive days without being provided a seven-day break during which the prisoner shall be given the opportunity for out-of-cell exercise at least one hour per day, five days per week. I believe this is a reasonable fair policy, although, I would recommend a minor policy change. I would like to see each prisoner get an hour of out-of-cell exercise every day, instead of five days a week. It is a minor change but I believe that giving inmates an extra two hours a week and giving them a change of atmosphere every day would further reduce hostility and mental health complications. I am a strong believer in justice and I believe that an individual should take responsibility for their actions. When a crime is committed, the offender should be held responsible and should be punished for their crime. When creating the policy for segregation, it is one thing to imagine how it would be for the inmate, but it is another thing to actually live it. I could not imagine spending days, weeks, months, in a tiny cell staring at the same bland walls. I think I would quickly become mentally and physically sick. By no means do I pity inmates or think they deserve leniency, but I do believe in a certain standard of treatment. An inmate in segregation is

POLICY PAPER given all the required necessities to survive and is fed an adequate amount, but I think there should be an appropriate amount of recreation to keep an inmate mentally healthy. In my opinion, allowing inmates the right to have a television in their cell would make a world of difference. I think it would occupy ones mind enough to maintain their sanity, yet not

interfere with punishment. I also believe the little extra out-of-cell exercise time I recommended would make a big difference as well. I have no problem with the necessities and food given to inmates in segregation but I think the extreme isolation and lack of human contact flirts with cruel and unusual punishment. I believe by incorporating these additions into the policy, it would create some harmless distractions for the inmates without deterring their punishment.

POLICY PAPER References Browne, A., Cambier, A., & Agha, S. (2011). Prisons within prisons: The use of segregation in the united states. Federal Sentencing Reporter, 24(1), 46-49. doi: http://dx.doi.org/ 10.1525/fsr.2011.24.1.46 Cockrell, J. F. (2013). Solitary confinement: The law today and the way forward. Law & Psychology Review, 37, 211-227. Retrieved from http://ezproxy.msu.edu/login?url=http:
//search.proquest.com/do view/1412580522?accountid=12598

Guenther, L. (2011). Subjects without a world? A husserlian analysis of solitary confinement. Human Studies, 34(3), 257-276. doi: http://dx.doi.org/10.1007/s10746-011-9182-0 Metcalf, H., Morgan, J., Oliker-Friedland, S., Resnik, J., Spiegel, J., Tae, H., . . . Holbrook, B. (2013). Administrative segregation, degrees of isolation, and incarceration: A national overview of state and federal correctional policies, 1-64. Retrieved from http://ezproxy. msu.edu.proxy2.cl.msu.edu.proxy1.cl.msu.edu/login?url=http://search.proquest.com.prox y2.cl.msu.edu.proxy1.cl.msu.edu/docview/1461639490?accountid=12598 Michigan Department of Corrections (2010). Segregation Standards (04.05.120). Retrieved from http://www.michigan.gov/documents/corrections/0405120_428183_7.pdf Weissler, B. (2009). Savage realities & asylum of the mind. Counterpoise, 13(3), 74. Retrieved from http://ezproxy.msu.edu/login?url=http://search.proquest.com/docview/228079702?
accountid=12598