[Pnews] Two Years After Historic Settlement Ending Indefinite Solitary Confinement in CA, Ongoing Violations
Prisoner News
ppnews at freedomarchives.org
Tue Nov 21 10:28:11 EST 2017
commondreams.org
<https://www.commondreams.org/newswire/2017/11/20/two-years-after-historic-settlement-ending-indefinite-solitary-confinement-ca>
Two Years After Historic Settlement Ending Indefinite Solitary
Confinement in CA, CCR Details Ongoing Violations, Releases Report
Showing Lasting Consequences of SHU Post-Release
Center for Constitutional Rights (CCR) - Monday, November 20, 2017
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NEW YORK and PALO ALTO - Two years after the historic settlement of
/Ashker v. Governor of California/
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marked the end of indefinite solitary confinement in California, the
Center for Constitutional Rights and co-counsel filed a motion to extend
the terms of the settlement by one year, noting that substantial reforms
are still needed and the California Department of Corrections and
Rehabilitation (CDCR) continues to violate the constitutional rights of
/Ashker/ class members. Concurrently, the legal team and researchers
from the Human Rights in Trauma Mental Health Lab at Stanford University
(Stanford Lab) released a report detailing the ongoing negative health
consequences /Ashker /class members have suffered following their
release from long-term solitary confinement into the general population,
the first-ever in-depth report on the subject.
The /Ashker /litigation followed coordinated hunger strikes undertaken
by thousands of prisoners statewide. The 2015 settlement resulted in
nearly 1,600 prisoners being released into general population, but
hundreds of class members were transferred to Level IV prisons, where
conditions are similar to the SHU, with many spending the same or /more
/time isolated in their cells than when they were in SHU. Today’s motion
details how, two years later, California has failed to make the
requisite reforms to bring their prisons into compliance with due
process. It asks the court to maintain its supervision and order CDCR to
remedy various violations.
Among the violations: the settlement created a new “Restricted Custody
General Population” unit, intended to temporarily house class members
who would face a threat to their safety in the general population, until
they could be safely transferred out. The RCGP was to provide increased
recreation and interaction, akin to a GP unit, but, instead, it has
become what one CDCR official called a “purgatory” where prisoners are
indefinitely isolated from their families, denied jobs and educational
programs, and have no way to earn release. CDCR’s failure to properly
administer the unit amounts to yet another constitutional violation. In
addition, CDCR continues to use unreliable, fabricated, or improperly
disclosed confidential information to send class members back to
solitary and is still using old, improper gang validations to bar people
from the opportunity to get parole. The men who were in SHU continue to
suffer severe psychological harms and are not receiving the care they
need to recover.
The Stanford Lab report released today, based on interviews at three
maximum-security prisons, details severe and wide-ranging mental health
consequences, further underscoring the need for CDCR reform.
“The torture of solitary confinement doesn’t end when the cell doors
open,” said lead counsel with the Center for Constitutional Rights
*Jules Lobel*. “California’s continued violation of the Constitution and
new evidence of the persistent impact of prolonged solitary confinement
requires CDCR to make essential changes in their conduct and
rehabilitative programs, and, more broadly, demonstrates the urgent need
to end solitary confinement across the country.”
The severe mental health impact of solitary confinement has been
thoroughly documented, but before now, little was known about how
prisoners adjust after release to a GP unit. CCR approached the Stanford
Lab—a multi-disciplinary collaboration among Stanford University’s
School of Medicine, Law School, and the WSD Handa Center for Human
Rights and International Justice—to investigate the open question of how
and to what extent psychological harm caused in long-term, isolated
imprisonment continues after transfer into general population.
*The *interviews revealed a range of continued, and potentially
permanent, adverse consequences, including: mood deterioration and
depression, intense anxiety, emotional numbing and dysregulation,
cognitive impairments, modifications in perception of time, physical
health ailments, distressful relational estrangement with family and/or
friends, and diminished capacity for socialization.
According to the report, the emotional numbing and desensitization that
commonly results from prolonged solitary continues to be a problem long
after release, and significant alterations in cognition, perception,
concentration, and memory not only persist, but worsen. Class members
reported ongoing anxiety, paranoia, and hypervigilance. They emphasized
the importance of jobs, mental health and psychological services, and
other rehabilitative program opportunities to ease this transition, but
expressed dismay about the inadequate options offered by the California
Department of Corrections and Rehabilitation—in particular, they had
reservations about programs run by correctional officers, and requested
services and support from non-CDCR staff.
The report recommends an overhaul of occupational, educational, and
social programs as well as mental health services for former SHU
prisoners after their release. The Stanford Lab recommends that class
members be offered mental health and psychological services in the form
of independent psychiatric care and/or peer-facilitated support groups,
echoing the feedback of class members, one saying, “It feels good to
relate your experience to others. You can help someone else by
recognizing patterns in your own life and preventing that for them.”
The Stanford Lab report is being sent to corrections and government
officials around the country.
The prisoner representatives in the /Ashker /case released a statement
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last month, which underscores the directives of both the extension
motion and the report. They wrote, “We must stand together, not only for
ourselves, but for future generations of prisoners, so that they don’t
have to go through the years of torture that we had to.”
For more information, visit CCR’s case page
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Read the full report from Stanford Lab here
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