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<h1 class="entry-title">New ACLU Report Examines Devastating Impact of
Solitary Confinement on Women</h1>
<div class="post-info"><span class="date published time"
title="2014-04-24T12:15:20+00:00">April 24, 2014</span> By <span
class="author vcard"><span class="fn"><a
href="http://solitarywatch.com/author/victoria-law/" class="fn n"
title="Victoria Law" rel="author">Victoria Law</a></span></span> <span
class="post-comments"><br>
<b><small><small><small><a class="moz-txt-link-freetext" href="http://solitarywatch.com/2014/04/24/new-aclu-report-examines-devastating-impact-solitary-confinement-women/">http://solitarywatch.com/2014/04/24/new-aclu-report-examines-devastating-impact-solitary-confinement-women/</a></small></small></small></b><br>
</span> </div>
<p>Today, the ACLU released <a
href="https://www.aclu.org/worse-second-class"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://www.aclu.org/worse-second-class']);"><em>Worse
than Second Class: Solitary Confinement of Women in the United States</em></a>.
Recognizing that women in solitary are often ignored, the report
examines the gendered impact of solitary and issues a series of
recommendations. These recommendations assume that vulnerable
populations will continue to be incarcerated and focus on ameliorating
the harmful effects of solitary.</p>
<p><em>Further Harming Those with Mental Illness</em></p>
<p><a href="http://bjs.gov/content/pub/pdf/mhppji.pdf"
onclick="javascript:_gaq.push(['_trackEvent','download','http://bjs.gov/content/pub/pdf/mhppji.pdf']);">Nearly
seventy-five percent of incarcerated women</a> have been diagnosed with
mental illness, a rate much higher than that of their male
counterparts. The report notes that a disturbing number of women with
mental illness are held in solitary, sometimes for behavior that is
beyond their control. Mental health experts recognize that long-term
isolation is harmful for anyone, but particularly for those with
pre-existing mental illness.</p>
<p>Recommendation: People (of all genders) with mental illness should
never be held in isolation. Furthermore, women should be evaluated by
competent and qualified practitioners to assess their medical and
mental health conditions before being placed in solitary.</p>
<p><em>Re-Traumatizing Survivors of Past Abuse and Increasing
Likelihood of Future Abuse</em></p>
<p>The majority of incarcerated women have <a
href="http://www.bjs.gov/content/pub/pdf/parip.pdf"
onclick="javascript:_gaq.push(['_trackEvent','download','http://www.bjs.gov/content/pub/pdf/parip.pdf']);">reported
past physical or sexual abuse</a>. The lack of contact, human
interaction and mental stimulation contribute to psychological
deterioration for people who have experienced abuse. In addition,
across the country, women in solitary are <a
href="http://www.justdetention.org/pdf/Watching%20You,%20Watching%20Me.pdf"
onclick="javascript:_gaq.push(['_trackEvent','download','http://www.justdetention.org/pdf/Watching%20You,%20Watching%20Me.pdf']);">regularly
supervised by male guards</a> even when showering, changing clothes and
using the toilet.</p>
<p>Solitary confinement also places a woman at greater risk for
physical and/or sexual abuse by prison staff. Isolated from the general
population, these abuses are easier for staff to hide.</p>
<p>Recommendation: Women’s histories of mental illness, trauma, abuse
and sexual assault should be taken into account before placing them in
solitary.</p>
<p><em>Punishing Women Who Report Abuse or Neglect</em></p>
<p>Prison staff utilize solitary to punish women for reporting abuse or
neglect. Women who have <a
href="http://solitarywatch.com/2013/12/12/women-solitary-confinement-sent-solitary-reporting-sexual-assault/">complained
about sexual abuse by prison staff</a> are frequently placed in
solitary confinement while their complaints are investigated. The
threat of solitary often discourages other women from reporting abuse
or neglect.</p>
<p>Women who report neglect have also been placed in isolation. The
report highlights the case of <a
href="http://bitchmagazine.org/post/73-year-old-grandma-thrown-in-solitary-confinement-for-wanting-decent-medical-care"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://bitchmagazine.org/post/73-year-old-grandma-thrown-in-solitary-confinement-for-wanting-decent-medical-care']);">Carol
Lester</a>, a 73-year-old grandmother who was placed in solitary
confinement in a CCA-run prison for almost five weeks after complaining
about inadequate medical care. She filed suit against the prison,
arguing that placing her in solitary was retaliation for her
complaints. She was released on probation/parole shortly after her
story hit the media.</p>
<p>Recommendation: Solitary should never be used as a retaliatory
measure. Qualified auditors should be specifically tasked with ensuring
that people who report abuse are not placed in solitary confinement.</p>
<p><em>Punishing Children</em></p>
<p>Noting that the <a
href="http://ri.search.yahoo.com/_ylt=A0LEVjnmm1ZTZFQAOidjmolQ;_ylu=X3oDMTBybnV2cXQwBHNlYwNzcgRwb3MDMgRjb2xvA2JmMQR2dGlkAw--/RV=2/RE=1398213735/RO=10/RU=http%3a%2f%2fwww.bjs.gov%2fcontent%2fpub%2fpdf%2fpptmc.pdf/RK=0/RS=lCGhdHBsTYuwEcn97lfVtlGGmy4-"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://ri.search.yahoo.com/_ylt=A0LEVjnmm1ZTZFQAOidjmolQ;_ylu=X3oDMTBybnV2cXQwBHNlYwNzcgRwb3MDMgRjb2xvA2JmMQR2dGlkAw--/RV=2/RE=1398213735/RO=10/RU=http%3a%2f%2fwww.bjs.gov%2fcontent%2fpub%2fpdf%2fpptmc.pdf/RK=0/RS=lCGhdHBsTYuwEcn97lfVtlGGmy4-']);">majority
of incarcerated women are mothers</a>, the report found that placing
women in solitary negatively affects their children. Many women’s
prisons are far from the areas in which mothers and children lived
before incarceration. The distance, travel time and expense make
visitation difficult and sometimes infrequent.</p>
<p>Placement in solitary makes these visits even more difficult.
Visitation for people in solitary is often limited. Visits are often
conducted through a glass partition or, as some states move towards
video conferencing for visits, through a video monitor. Neither option
allows a child the opportunity to hug her mother or hold hands. At
other times, people in solitary are not allowed visits at all. Both
undermine a mother’s efforts to remain connected to her children.</p>
<p>Recommendation: Contact visits with children should be allowed for
all people. Family visitation should be encouraged.</p>
<p><em>Harming Pregnant Women</em></p>
<p>In addition to being inhumane, placing pregnant women in solitary
confinement <a
href="http://correctionalassociation.org/wp-content/uploads/2012/10/testimony-solitary-confinement-june-2012.pdf"
onclick="javascript:_gaq.push(['_trackEvent','download','http://correctionalassociation.org/wp-content/uploads/2012/10/testimony-solitary-confinement-june-2012.pdf']);">often
jeopardizes their access to prenatal care</a>.</p>
<p>Although the United Nations Rules for the Treatment of Women
Prisoners and Non-Custodial Measures for Women Offenders (known as the <a
href="http://www.ihra.net/contents/811"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://www.ihra.net/contents/811']);">Bangkok
Rules</a>) prohibit the placement of pregnant or nursing women in
solitary confinement, jails and prisons across the U.S. continue to
place pregnant and postpartum women in solitary.</p>
<p>Recommendation: Pregnant and nursing women should never be held in
solitary confinement.</p>
<p><em>Isolating Trans Women </em></p>
<p>Solitary confinement is <a href="http://srlp.org/its-war-in-here/"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://srlp.org/its-war-in-here/']);">also
utilized for trans women sent to male prisons</a>. Justifying this
placement as “protective custody” rather than punitive segregation,
prisons place trans women in solitary units where they have little to
no access to human contact, educational programs, exercise or
recreation. Trans women in protective custody are subject to the same
rules as people in punitive segregation—they are allowed out of their
cell only one hour each day and allowed to shower only a few times a
week. In addition, placing trans women in solitary increases their
vulnerability to harassment and assault by prison staff.</p>
<p>Recommendation: Prison officials should not utilize isolation to
protect vulnerable people. Those who may require extra protection
should have access to the same programs, privileges and services as
people in the general population.</p>
<p>The report also recommends:</p>
<ul>
<li>That solitary be used only as a last resort and for as short a
duration as possible;</li>
<li>That all jails and prisons have uniform written policies about
solitary confinement practices and procedures. Policies should include
written notification informing people about the reason for and duration
of their placement; processes by which a person can earn privileges,
such as access to commissary and visitation; and ways in which a person
can earn release from solitary;</li>
<li>That all jails and prisons be required to regularly and publicly
report details on people held in solitary, including the number,
gender, duration, available alternatives and the reason why these
alternatives were not utilized. There are currently no uniform state or
federal data available about solitary confinement.</li>
</ul>
<p>Although the ACLU recognizes that a high percentage of women are
incarcerated for non-violent offenses, none of the recommendations
focus on reducing the potential impact of solitary confinement by
reducing the number of people sent to jails and prisons. All of the
above recommendations assume that people with mental illnesses,
histories of trauma and abuse, pregnancies or primary caregiving
responsibilities will continue to be incarcerated.
Their recommendations are important steps for ensuring the safety of
people currently behind bars. But more ambitious goals would call for
building alternatives not just to solitary confinement but to the
default policy of locking people up in the first place.</p>
<div class="moz-signature">-- <br>
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San Francisco, CA 94110
415 863.9977
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