Blog of Rights

Victory in Colorado: Closing Solitary Confinement Unit Good for Budget and Public Safety

By Denise Maes, ACLU of Colorado

The Colorado Department of Corrections (CDOC) has announced that effective February 2013 it will close a wing of its Centennial Correctional Facility (known as "CSP II") that currently houses 316 high security/solitary confinement beds. This move will save Colorado taxpayers $4.5 million in fiscal year 2012-2013 and $13.6 million in fiscal year 2013-2014. This savings comes at the right time for Colorado.

Solitary Confinement in Arizona: Cruel and Unusual

By David Fathi, National Prison Project at 1:09pm

A class action lawsuit filed today by the ACLU, along with the Prison Law Office, the Arizona Center for Disability Law, and the law firms Jones Day and Perkins Coie, alleges that the Arizona Department of Corrections (ADC) houses thousands of prisoners in solitary confinement conditions so harsh they violate the Eighth Amendment ban on cruel and unusual punishment. While other states also use solitary confinement, Arizona has added features that seem designed to gratuitously increase suffering. The cells in that state's supermax Special Management Units (SMUs) were deliberately constructed with no windows to the outside, so prisoners — many of whom have no means of telling the time — become disoriented and confused, not knowing the whether it is day or night. The cells are often illuminated 24 hours a day, making sleep difficult and further contributing to prisoners' disorientation and mental deterioration.

California Prisoners on Hunger Strike Again to Protest Solitary Confinement

By Rebecca McCray, ACLU Criminal Law Reform Project & Tanya Greene, Advocacy and Policy Counsel, ACLU at 3:46pm

In July, hundreds of prisoners confined in Pelican Bay State Prison and nine other California correctional facilities protested the heinous conditions of their confinement with the only means they had: their ability to peacefully refuse food. After the prisoners starved for three weeks, the California Department of Corrections and Rehabilitation (CDCR) agreed to a policy review of its solitary confinement, or Security Housing Units (SHU), where prisoners are confined alone in tiny, windowless concrete cells, often for years on end. With that agreement, the prisoners ended their hunger strike.

Supermax Prisons: Cruel, Inhuman and Degrading

By David Fathi, National Prison Project at 2:39pm

This week the European Court of Human Rights temporarily halted the extradition of four terrorism suspects from the United Kingdom to the United States. The court concluded that the applicants had raised a serious question whether their possible long-term incarceration in a U.S. “supermax” prison would violate Article 3 of the European Convention on Human Rights, which prohibits “torture or … inhuman or degrading treatment or punishment.” The court noted that “complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason,” and called for additional submissions from the parties before finally deciding the applicants’ claim.

Prison as Punishment, Not for Punishment

By Rachel Bloom, ACLU at 3:43pm

No one wants to go to prison, but there's one particular prison in Idaho that's especially feared. Why? According to the Associated Press, over the past two years, more prisoner-on-prisoner assaults have occurred at this specific prison — the Idaho Correctional Center (ICC) — than at the other eight Idaho prisons combined.

During the past two months, ACLU lawyers interviewed over 30 prisoners who were viciously assaulted at ICC. The findings were so damning that a lawsuit was filed in federal court in Boise on March 11. The complaint, which exceeds 80 pages, chronicles more than 20 violent assaults that resulted in broken bones and bloodshed. The complaint does not include a number of victims who are so afraid of being assaulted again that they declined to have their stories included in the lawsuit. Since the lawsuit was filed, the ACLU has been contacted by more than 40 other persons who were assaulted while confined at ICC.

No Mother Should Share My Anguish: Join Me in Asking for a Ban on Youth Solitary for Those in Federal Care

By Vicky Gunderson, Activist at 1:47pm

As a mother, not being able to hug and comfort my son when he was alone in a concrete box is like the worst form of hell.

Knowing our son Kirk ended his own life while being held in solitary confinement, after he requested to not be left alone… I cannot describe that to you.

Kirk was only 17. It was two days after Christmas.

My son Kirk isn't an anomaly. Solitary confinement is a major factor in prison suicide. Since Kirk's death I've learned that kids as young as 13 are locked up in cells away from human contact for days or months at a time all across the country. It has a devastating impact on their development, especially for those with mental health problems.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 4:56pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.

This Is the Year California Will Stop Shackling Pregnant Women

By Alicia M. Walters, ACLU of Northern California at 3:16pm

Doing the same thing over and over and expecting a different result is a popular definition of insanity. Those of us across the country trying repeatedly to pass bills that would prohibit the shackling of pregnant women in jails and prisons are hardly insane. Dedicated? Yes. Stubborn? Possibly. Unwilling to accept women suffering? Absolutely.

This year marks the third attempt to get a signature on a bipartisan, unanimously supported bill in California (AB 2530) that would ban the practice of putting incarcerated pregnant women in dangerous shackles. Similar bills have passed two previous legislative sessions with overwhelming support from both political parties, only to be vetoed. Opposition from the powerful law enforcement lobby surely played a role in these vetoes. But we have persevered, and this year we’ve been successful in keeping law enforcement neutral. While we’re happy with this progress, we still need the Governor to sign the bill.

It's Time to Discuss Criminal Justice Reform

By Vanita Gupta, Center for Justice & Ezekiel Edwards, ACLU Criminal Law Reform Project at 2:51pm

Presidential election season is prime time for predictions. One sure bet is this: neither candidate is likely to make criminal justice a stump issue.