Professor Judith Resnik will discuss the seismic impact of her recent research on solitary confinement – the Yale Liman Center and Correctional Leaders Association’s ongoing study on solitary confinement in US prisons. The current state of constitutional law regarding solitary confinement exposes two main areas in need of immediate academic intervention: definitional challenges and an absence of data reporting. JoEllyn Jones, defense lawyer and member of NACDL’s Decarceration Committee, will facilitate Prof. Resnik’s discussion of her research and issues in addressing solitary confinement.

While often justified as a way to deter violence inside facilities, solitary confinement is more often used to punish non-violent transgressions such as dress code violations, refusal to work, or lack of respect toward correctional officials. Despite the failure of the U.S. Supreme Court to find that solitary confinement per se violates the Eighth Amendment, increasing numbers of stakeholders, including correctional officers, have called for its abolition.

NACDL has serious concerns with many of the changes in the proposed rule Inmate Discipline Program: Disciplinary Segregation and Prohibited Act Code Changes, 89 FR 6455. …the proposed regulations provide no protections for people in administrative segregation and other forms of solitary confinement. Second, the creation and elevation of disciplinary violations … will lead to arbitrary and capricious enforcement and further erode public trust in the agency. Third, the proposed ban on social media accounts … impedes a critical component of successful reentry...

Many states have passed legislation limiting or prohibiting solitary confinement for certain groups, including pregnant women and young people. Although the pace of change has been slow in the solitary confinement landscape, it is moving in the right direction.

Solitary confinement is unconstitutional punishment for prisoners who have, or are at risk of, serious mental illness. Dan Jackson and Nicholas Goldberg point out the negative effects — hallucinations, hypertension, uncontrollable anger, suicidal thoughts, and chronic depression. It is no excuse to claim that the rules against solitary confinement do not apply as long as the prisoner has contact with guards and occasional visits from lawyers, psychiatrists, and family members.

This month Allan F. Brooke II reviews Solitary: Unbroken by Four Decades in Solitary Confinement by Albert Woodfox with Leslie George.

Letter to Senator Dick Durbin and the Senate Judiciary Committee regarding solitary confinement and the upcoming hearing "Reassessing Solitary Confinement: The Human Rights, Fiscal and Public Safety Consequences."

This week, NACDL Public Affairs & Communications Intern Denise Tugade reports on Tuesday's historic, and long-overdue U.S. Senate hearing concerning solitary confinement.