Bag of Snakes is an occasional email series that highlights different aspects of the criminal punishment system in Arkansas. Learn more here. Use these links to catch up on Part One, Part Two, Part Three, Part Four, and Part Five.
So far, we have looked at the use of solitary confinement in prisons, the effects of this practice, and learned about reforms in other states. Arkansas prisons rely heavily on solitary confinement as a method of maintaining control, but as we’ve shown, the cost of this practice is high for individuals and our communities, and there is scant proof that the practice reduces violence and improves order in prisons. In the final email of this series, we turn our attention to the urgent need for the Arkansas Department of Corrections (ADC) to enact policies and procedures that would reduce the use of solitary confinement and its harms in our state prisons.
Enact limits on solitary as a disciplinary sanction.
If the ADC is to continue putting people in solitary confinement, then the agency must enact a set of comprehensive policies to greatly limit and regulate its use. Suggestions for reform include time limits, such as no more than 15 consecutive days in solitary within a 60-day period; prohibiting segregation of certain populations such as minors, pregnant women, and those with mental illness; segregating only when the safety and security of others is clearly threatened; and replacing solitary with other, proven-to-be-effective types of sanctions that do not threaten mental wellbeing.
Do not cause psychological harm.
Prolonged solitary confinement may result in lasting psychological trauma. Therefore, ADC must review their current practices and ban any that cause psychological harm. There should be a policy that requires that all other disciplinary options are exhausted before using restrictive housing. Another would be to enact a policy that limits any stay in solitary, regardless of the infraction, to no more than a few days.
Establish stronger protections of youth.
Youth are at high risk for the damaging effects of solitary confinement. However, current ADC policies surrounding youth are not enough to fully protect incarcerated minors. Clear and specific protections for minors would include a policy establishing that the only appropriate use of solitary with a minor is the safety of the youth or others and that its use as punishment is prohibited. Further, isolation of a minor for more than four hours, regardless of the circumstances, must be prohibited by law.
Improve conditions of solitary and step-down programs.
Step-down programs are seen as an effective way to move people out of segregation and modify problem behaviors. However, long step-down sentences, if not coupled with high-quality, supportive programming, amount to little more than another form of extended segregation.
In cases when an individual is segregated, prevent harm.
Even in situations when there is not an alternative to solitary confinement, there could be policies that would limit the likelihood of psychological harm. These would include using high-quality and positive step-down programs that provide opportunities to develop social skills, continue educational programs to prepare for eventual release, allow for meaningful social contact, and steadily increase out-of-cell time.
Improve rehabilitative programming.
As we discussed in previous emails, incarcerated individuals generally have significant psychosocial, cognitive, or academic deficits. For all prison populations, not just those who are subjected to solitary confinement, the prisons must include greater levels of high-quality support if they hope to support individuals on the journey out of incarceration. The ADC can improve its rehabilitative services by expanding access to educational and vocational training, utilizing creative and healing arts, scheduling exercise after sunrise for individuals in restrictive housing, and providing access to mental health services for the entire prison population.
Change the correctional culture.
The lasting change needed in Arkansas prisons will require honest reflection about the ADC’s current culture of corrections (the values, beliefs, and assumptions that underlie the purpose of the prisons and how they are run). Correctional systems that have moved away from a heavily punitive orientation towards a culture that emphasizes rehabilitation have had positive results. Promising practices for correctional culture change include the workforce training program Amend, in which correctional officers learn how to interact with incarcerated individuals using prosocial communication, reward incentives, and motivational interviewing, and are taught how to be mentors with a direct role in the rehabilitation of incarcerated individuals.
Seek expertise to guide reform efforts.
Technical assistance and training are available to correctional leaders seeking safe and effective alternatives to solitary confinement. Vera Institute of Justice has worked with many state correctional systems, including those of Nebraska, Louisiana, North Carolina, New Mexico, and Oregon. Together, they assess available data, policies, and practices and develop an action plan, which is then, with Vera’s help, implemented and evaluated.
Establish an independent commission.
Meaningful change will require a broad coalition of stakeholders composed of individuals with diverse perspectives and expertise. This should include ADC leaders and rank-and-file workers; people who are currently and were previously incarcerated as well as their family members, criminal justice and human rights experts, scholars, advocates, and policy-makers.
Improve data collection and transparency.
Collect sufficient data to assess the effectiveness of policies, practices, and reform efforts. Data on the incidence and prevalence of restrictive housing placements should be publicly available and include:
Total numbers of individuals in each type of restrictive housing
Restrictive housing ‘recidivism’ rates
Average length of stay and associated infractions
Individual-level data (identifiers redacted) on all restrictive housing placements, length of stay, and infractions resulting in placement
A review of restrictive housing data and all cases of persons held in restrictive housing should be conducted regularly by a body that is independent of prison authorities.
Credits: This edition of Bag of Snakes was written by Claire White and Nancy Dockter. Logo design is by Tanya Hollifield. Editing and layout by Zachary Crow. DecARcerate depends on the generosity of people like you. Please consider making a one-time or recurring donation to support our ongoing work.