TALKING POINTS on SOLITARY CONFINEMENT in VIRGINIA
The Virginia Coalition on Solitary Confinement is made up of over 20 Virginia organizations with thousands of members from all corners of the state and are calling for action.
Solitary Confinement is the practice of keeping an individual in a one or two person cell with no opportunities for meaningful interaction with others. This happens in prisons because of rule infractions, while awaiting disciplinary hearings, and for individuals seeking protection from real or perceived threats. In FY2020, the most recent year data is available, the DOC reported 9,390 stays in solitary confinement. 3,672 of those confinements were for over 14 days!
In July 2021 and in January 2019 VaDOC claimed to have ended the use of solitary confinement (Restrictive Housing) in Virginia's prisons.
We have multiple independent accounts of men being held in solitary since VaDOC’s most recent claims that they ended Solitary. Additionally, more have come forward but are afraid to go public because of retaliation from Corrections officers.
What are we asking for in the bill to end extended Solitary Confinement?
- No one may spend more than 72 hours in solitary confinement during a 60 day period
- While in solitary, individuals will have 7 hours out-of-cell/out-of-cage time for meaningful interaction
- Individuals not in solitary confinement nor in general population will have access to meaningful congregate programing
What states have gotten rid of Solitary?
Delaware, North Dakota, New York, and New Jersey have passed similar bills in recent years
Colorado and Washington have put in place similar measures administratively, by adopting restrictions on solitary in their regulations, policies or practices.
What has been the true fiscal impact?
According to the ACLU fact sheet, “Paying the Price for Solitary Confinement”:
Colorado closed a segregation facility built for 316 prisoners, saving an estimated $13.6 million in 2013-14.
Illinois closed Tamms supermax prison in 2013, resulting in estimated savings of $26 million per year.
Mississippi closed a unit in 2010 that had held 1,000 prisoners in isolation. Estimated savings were $8 million per year.
According to a January 2016 report by Solitary Watch, California expects to save $28 million in 2016-17 from the reductions in solitary confinement following the Ashker v. Brown settlement.
Isn’t Solitary Confinement for the “worst of the worst”?
No. According to data from the Virginia Department of Corrections most individuals placed in solitary confinement have only a handful of infractions, if any, before their placement.
Are there any alternatives to Solitary Confinement?
Yes. Individuals that pose threats to others can be transferred to a different housing unit at the same security level or a higher security level prison.
Individuals that fear for their safety can be transferred away from the person or group that they are threatened by.
Prosocial programming can be used to address behavioral concerns more productively than punishing someone by keeping them in a cell the size of a parking space indefinitely.
Can the Department of Corrections be trusted to follow this law if it is passed?
Given the recent history of prisons not following the policies and procedures coming from DOC HQ and DOC’s multiple claims to have ended solitary confinement in the past we don’t believe the DOC can be trusted without independent review. That is why we are also calling for the passage of a bill that would create an independent Ombudsman to investigate complaints against the DOC.
Our Asks:
Support the bill to end solitary confinement in Virginia
Support the bill to create an independent ombudsman to hold DOC accountable