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If solitary confinement is torture, why are we still doing it?

| June 2, 2010

In 1973, Jack McCann escaped from a federal prison in British Columbia. Of all the places he could go, he headed straight to the Vancouver Sun. The reason? Jack McCann had been held in solitary confinement for 754 days at that point. He sought to publicize his case and the circumstances faced by others in solitary confinement in the federal penitentiary system in Canada.

The end result of his efforts, two years later, was a landmark case argued in front of the Federal Court of Canada. The plaintiffs, including Jack McCann, won an admission by Justice D.V. Heald that solitary confinement, as it had been used in these cases, constituted "cruel and unusual punishment." Unfortunately, solitary confinement is still used in federal prisons today, often as a stop-gap to deal with mentally ill offenders. This practice harms the individuals involved, and also highlights a fundamental flaw in our conceptions of, and solutions to, crime and punishment in this country.

It must be said that the use of solitary confinement today is somewhat different than in 1975. The conditions in the cell itself have improved, and the use of administrative segregation is subject to greater oversight, stopping short of independent adjudication. The amount of continuous time an offender can be placed in administrative segregation has been reduced. Today, a person is generally placed in administrative segregation for less than 90 days at a time. However, currently about 34 per cent of those involuntarily placed in segregation remain there for longer than 90 days. Equally important, an offender can be put in segregation multiple times, almost back to back.

The harmful effect of solitary confinement on mental health is widely known. This has been acknowledged by the United Nations, in the Istanbul Statement, and even by the Correctional Service of Canada's own taskforce. It has been made clear, by the UN and others, that depending on the circumstances, the use of solitary confinement can violate international agreements against the use of torture. These groups especially warn against the use of solitary confinement on children under age 18, or those with mental illness. And yet, solitary confinement is still regularly used in federal prisons in Canada. Even more shocking, a large portion of those put into administrative segregation, as it's now called, are experiencing mental illness.

According to Howard Sapers, the Correctional Investigator for the Federal Prison System, the number of offenders in the federal prison system dealing with mental illness has doubled in the past decade.

Today, in Canada, what we are seeing, institutionally, is the use of administrative segregation as a stop-gap to manage offenders with mental illness. After the push in the 1980s and 1990s to de-institutionalize mental healthcare, community-based mental health services were not adequately increased to handle the load. As a result, we have seen increasing numbers of homeless persons with mental health concerns and a dramatic increase in persons with mental illness in our penitentiary system.

Worryingly, as the number of prisoners with mental health concerns has grown, the capacity of mental health services in prisons hasn't changed. The need for mental health services is extremely high. Currently, at admission, 10-12 per cent of offenders have already been diagnosed with a major mood or psychotic disorder. When we look at undiagnosed mental illness, substance abuse or concurrent disorders -- meaning people who are dealing with both substance abuse and mental illness, according to Sapers, "we could be talking about 70-80 per cent of the [prison] population".

In the face of this great need, the shortage of mental health services is acute. As Sapers puts it, "We have five regional psychiatric hospitals, in fact, but we have on any given day more than twice that number of offenders who are in an acute phase of their illness, who could benefit therapeutically from being in one of those beds." Many offenders never get past an initial assessment, as there isn't enough capacity to provide continuing care.

Without proper care, the combination of mental illness and incarceration can be devastating. Recently, we have seen a serious increase in self harm, suicides and deaths in the federal prisons. In 2009 alone, according to Mr. Sapers, the number of non-natural deaths while in custody increased by 70 per cent.

More often, offenders with mental health concerns end up in administrative segregation. Often, the chain of events is devastatingly simple. A not atypical story was the 2007 case of Ashley Smith. Ms. Smith was a Ontario teenager who committed suicide while in administrative segregation. She had spent a year in federal custody without ever receiving a comprehensive psychological assessment, despite a documented history of mental health concerns. (Her initial crime had been throwing apples at a mailman). While in custody she presented, or was considered to present, continuing disciplinary problems. This resulted in escalating sentences and administrative segregation. With a shortage of staff trained to identify and manage mental health related concerns, these types of behaviors are often classified simply as disciplinary concerns, resulting in further punishment.

When we get down to the crux of this issue with mental health and segregation, the problem begins with how we -- as a society -- conceptualize crime and punishment. Many times, we view criminals as singular, rational actors. We ignore the personal and social context of their actions. How can we reduce crime, when we don't consider the causes of it? How can we punish a behavior, if we don't understand where it's coming from?

People who commit crimes often are coming from a context of drug abuse, poverty and/or mental illness. According to Dr. Ivan Zinger, the Executive Director and General Counsel to the Correctional Investigator, "In terms of addiction issues, about four out of five offenders now arrive at a federal institution with a serious substance abuse problem, with one out of two having committed their crime under the influence of drugs, alcohol or other intoxicants." Considering the abuses done to First Nations communities, it is not surprising that they are highly over-represented -- as a group -- in prisons. When we consider the context, we can see that fear and punishment are not effective deterrents to crime, as they do not address these underlying social concerns. Punishment, as a concept, is a band-aid solution to a much deeper problem.

A better approach is rehabilitation -- as Sapers sees it, "The purpose of corrections is to prepare people for community release, for re-integration, to live safely within the community." We should spend our tax dollars on programs that actively work on rehabilitating offenders, addressing mental health and substance abuse, so that they won't re-offend upon release.

It can be difficult, with "hot-button" topics like crime, to take a step back and reflect on the issue from a dispassionate point of view. Instead of working to service our grief and desires for revenge, we should shape our criminal justice system in a way that best services our need to have a safe and humane society, and the physical and mental health needs of offenders.

Currently, we face an acute need in our federal prison for mental health care. Administrative segregation causes undue harm to offenders, especially those with mental illness, with no greater benefit or purpose. As highlighted by the Correctional Investigator, mental health and the use of administrative segregation should be our top priority when it comes to prison reform. Without improvement in this area, we harm not only the individuals in need, but also society, when we release these individuals without the benefit of additional care and treatment, at risk to offend again.

Carrie Baptist is the former news director for CiTR News, 101.9 FM in Vancouver. She works as a social worker in Vancouver's Downtown Eastside.

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http://www.1union1.com/shucontrolunits.html

One of the most comprehensive overviews resides in Biderman’s Chart on Penal Coercion

Section I: Isolation

Purpose: To deprive prisoners of social support from both other prisoners and the outside world, to obstruct the ability to resist, to develop an intense concern with self, and to create dependence on captors.

Variants: Use of solitary confinement through isolation, partial isolation, or group isolation.

Section II: Monopolization of Perception

Purpose: To fix attention on one’s immediate predicament, to eliminate any stimuli competing with stimuli controlled by captors, and to obstruct all actions not consistent with compliance.

Variants: Isolation, bright light, barren environment, restricted movement, and monotonous food. 

-Finally, a barren environment is provided by the piece de resistance of control units, sensory deprivation. This includes unpainted walls as well as no plant or animal life, fresh air, sun, sky, windows, or hobby craft. The tactics discussed previously - isolation, forced idleness, and no access to services - also play a role in producing the barren environment.

Section III: Induced Debility and Exhaustion

Purpose: To weaken both the physical and the mental ability to resist.

Variants: Semi-starvation, induced illness and exploration of pre-existing injury, sleep depravation, and prolonged constraint.

 refusal to treat illness or provide prescribed treatment, and other medical neglect Prolonged constraint involves year after year of isolation, escorted everywhere in restraints, being hog-tied or strapped down,

Section IV: Threats

Section V: Occasional Indulgence

Section VI: Demonstrating Omnipotence

Section VII: Degradation

Section VIII: Enforcing Trivial Demands

Results

Having learned the methods employed by control unit prisons to brainwash prisoners, for the purported purpose of compelling compliance, let’s look at the actual results of sensory deprivation:

The devastation, on human beings, caused by control unit prisons is horrifying! One of the foremost experts on the results of solitary confinement - Dr. Stuart Grassian, faculty member aat Harvard Medical School - authored an article in 1983 (Psychopathological Effects of Solitary Confinement) in which he linked both the brainwashing of prisoner of war soldiers in Korea and the prisoners in American control units with the devastating effects of sensory deprivation. In general, Dr. Grassian described these effects as causing restlessness, banging on walls, yelling, assaultiveness, incoherent confessional states, hallucinations, regression, disassociation, and a withdrawn hyponym state.

As part of his research for the article, Dr. Grassian studied fourteen prisoners who had been in solitary confinement for an average of two months at the prison in Walpole, Massachusetts. When reporting the results of this particular study, in the same 1983 article, Dr. Grassian initially pointed to the intense effort by each prisoner to minimize the effects of isolation. However, after diligent digging, Dr. Grassian found that the following symptoms were common results:

Cutting and self-mutilation, fear of insanity, hypersensitivity to external stimuli (i.e., lighting becoming very uncomfortable, smells appearing to be quite strong, noises causing much irritation), perceptual distortions and illusions, hallucinations, de-realization, massive free-floating anxieties (leading to panic, fear, and difficulty in breathing), acute confusion states, partial amnesia, difficulty with concentration and memory, disassociation, disorientation, fantasy of aggressive revenge (torture and mutilation against guards), persecutory fear, suspiciousness, paranoia, random violence, and lack of impulse control.

As an expert witness in the mid-1990’s civil lawsuit case Madrid v. Gomez, Dr. Grassian conducted another study involving prisoners in isolation. This study included fifty prisoners in the control unit in Pelican Bay, California. At the conclusion of this study, Dr. Grassian discovered that forty of the fifty prisoners (80%) had either massively exacerbated a previous psychiatric illness or had developed psychiatric symptoms associated with reduced environmental stimulation (RES) as a result of solitary confinement. RES is a psychiatric condition characterized by perceptual distortion, hallucinations, hypersensitivity to external stimuli, aggressive fantasies, paranoia, inability to concentrate, and poor impulse control.

Insofar as results of solitary confinement, a report by the American Journal of Psychiatry confirmed that sensory deprivation leads to hallucinations, anxiety attacks, problems with impulse control, and self-mutilation. Additionally, as a consequence of personal experience with sensory deprivation in control unit prisons, the author of this paper has also experienced depression, delusion, headaches, hypertension, hypersensitivity, and anti-social behavior and attitude. Finally, in regards to effects of solitary confinement, current literature (Dr. Grassian, et. al.) reports that sensory deprivation actually alters the chemical balance in the brain and undoubtedly causes significant personality changes.

Consequently, by reviewing this author’s personal experience, Dr. Grassian’s studies, and reports by the American Journal of Psychiatry, we can see that nothing has changed since solitary confinement was known to cause mental illness and insanity in the 1800’s. Current studies and reports are virtually identical to the reports from Germany between 1854-1909 (remember, the German literature reported psychosis, hysteria, hallucinations, agitation, motor excitement, disassociation, random violence, and delusions as results of confinement in isolation).

 

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XII. MENTALLY ILL PRISONERS AND SEGREGATION

Prisoner Brown [who is confined in a supermax facility in Indiana] has had seizures and psychiatric symptoms since childhood. He has bipolar disorder and a severe anxiety disorder, a phobia about being alone in a cell, and many features of chronic post-traumatic stress disorder. After he has been in his cell for a while, his anxiety level rises to an unbearable degree, turning into a severe panic attack replete with palpitations, sweating, difficulty breathing, and accompanying perceptual distortions and cognitive confusion. He mutilates himself – for example, by inserting paper clips completely into his abdomen – to relieve his anxiety and to be removed from his cell his cell for medical treatment.492

— Inmate evaluation by Dr. Terry Kupers, Indiana, July 1997.

When [the mentally ill are] in segregation, if they’re not appropriately engaged they continue exhibiting the behaviors that got them there in the first place. If anything, they heighten that activity, which then puts them back before a disciplinary committee, and they get more [segregation] time. So instead of getting out, they wind up staying longer and longer and longer, and they deteriorate.493

— Michael J. Sullivan, former director, Wisconsin Department of Corrections, 2001.

If prisons are the end-of-the-line for those who fail to abide by society’s rules, the various lockdown, isolation, and segregation units within correctional settings are the end-of-the-line for those prisoners who fail to abide by the internal rules and regulations that govern the prison system. Mentally ill prisoners are disproportionately confined in such settings. Isolated day-in, day-out in tiny, barren cells with scant contact with any other human beings, including mental health staff, prisoners with mental illness are left to suffer cruelly. Mental health care in such units is woefully inadequate. Many prisoners decompensate, becoming so psychotic they are eventually removed for brief hospital stints. Once stabilized, they are returned to the segregation units, where they are likely, over time, to decompensate again.

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 nytimes.com/2004/10/31/magazine/31PRISONER.html?th=&pagewanted=print&position= 

October 31, 2004

A Death in the Box

By MARY BETH PFEIFFER
 
By the time Jessica Lee Roger was discovered on the floor of her prison cell on Aug. 17, 2002, it was too late. In the 24 minutes since guards had last checked her, she had tied a bed sheet around her neck and, after many attempts over three years in prison, finally strangled herself. When word of Roger's suicide spread through the cellblocks of the Bedford Hills Correctional Facility that sultry weekend, two correction officers cried. Fellow inmates were angry. The superintendent, who was away for a few days, was devastated. A mentally ill young woman had died, and she had died in the most stressful and isolating place in the New York state prison system. Jessica Roger, 21, killed herself in the ''box,'' and many thought she didn't belong there. 

For more than a third of Roger's 1,200 days at the prison in Westchester County, she was, as she said in a letter to her mother, ''locked up and locked in'' as punishment for her fits of rage and resistance. For 250 days, she was confined to her cell, unable to participate in programs or communal meals. She spent another 160 days in the ''special housing unit,'' what inmates call the box. The box is the most severe punishment in prison: the final threat, the ultimate time out. It is a small barren chamber set apart from the general population with a concrete floor, a steel door and no clock to mark the time. The essential quality of the box is isolation -- a gloved hand passes food through a slot in the door; a caseworker's muffled voice filters through the holes in a small Plexiglas window. Inmates are allowed few personal possessions. Lights are never fully extinguished. It is four walls for 23 hours a day -- a psychologically punishing experience by design. For people like Jessica Roger, it can also be an incubator of psychosis. 

Forty years ago, America's seriously mentally ill were housed in psychiatric hospitals that kept them too long and often without good cause. As those hospitals closed, a promise to provide care in communities went unfulfilled. At the same time, America's prison capacity grew; it has quadrupled since 1980. People with untreated mental illness are often poor and homeless. Many commit petty crimes, creating arrest records that often lead to harsh sentences. Today some 250,000 Americans with mental illness live in prisons, the nation's primary supplier of mental-health services. 

Mentally ill inmates do not do well in the tense and rulebound world of prison. They create scenes, lash out unpredictably and cannot or will not obey orders. Special housing units are intended for the most violent inmates, but they also tend to collect those who are troublesome and mentally ill. More than 800 of the 4,300 inmates in New York's special housing units suffer from mental illnesses like schizophrenia, major depression or personality or trauma disorders. They may talk to voices only they can hear. They may see conspiracies in simple routines. They may have little emotional control or be obsessed by inexplicable fears. For these people, prolonged confinement to a cubicle-size room is a grueling psychological test that many fail. About 6 percent of inmates in New York have been housed in the box since 1998. Yet 34 percent of suicides, 26 in all, have occurred there. 

This isn't news to prison officials, who have been sued over special housing units in at least 10 states. In California, a federal judge said that placing the seriously mentally ill in such confinement was ''the mental equivalent of putting an asthmatic in a place with little air to breathe.'' Over the years, advocates in New York have challenged conditions in the box at four state prisons. Those lawsuits resulted in incremental but largely isolated changes -- increasing the mental-health staff at one prison, providing inmate counseling at another. But the underlying problem remains: when people with mental illness end up in prison, the need to treat them collides with the need to keep prison order, and everything about the system favors the latter. 

Consider Attica, the infamous New York prison, where in 1998, after 18 years of fighting in court, officials settled a lawsuit on behalf of mentally ill inmates in its special housing unit. The prison promised to monitor inmates closely, provide better mental-health care and do a better job of training staff members. Nineteen months later, a court expert found that little had changed: the symptoms of ill and psychotic inmates were routinely written off as ''malingering.'' Men who broke down were hospitalized and inexplicably returned to the box afterward, only to break down again. Since the settlement, there have been seven suicides at Attica, among New York's highest. Frustration with this slow pace of change led advocates for mentally ill inmates to file a suit against the entire state prison system in 2002. The suit, for which witnesses are now being deposed, asserts that mentally ill inmates are punished for exhibiting symptoms of illness that the system has failed to treat. Relegated to the box, they become sicker from the ''near total lack of human contact.'' 

Roger had attempted suicide in the box at least four times before she succeeded. Once, she tied a sheet around her neck during a 100-day sentence, which was meted out after she refused orders and overturned furniture. She left a note with the outline of her hand spattered with blood: ''This is how I feel.'' She was sent to a prison psychiatric hospital for a month, where she was counseled, medicated and treated. Then, although she received a diagnosis of bipolar disorder, borderline personality disorder and other mental illnesses, Jessica was returned to complete her punishment in the small airless cell that had broken her. Within days, she again attempted suicide.

Jessica Roger was a large young woman with hazel eyes and a ponytail of dark blond hair. She was needy, bright and emotionally so much a child that in the visiting room she would cling to her mother, head on her shoulder, arms wrapped around her. Born and raised in Poughkeepsie, N.Y., Roger had been in and out of mental hospitals 17 times since she was 11; she had gotten only as far as the fifth grade. 

When she was 16 years and 4 days old, just past the threshold at which children become adults under New York criminal law, Roger was arrested for the relatively minor offense of biting her sister's arm in a fight. But while in custody, the explosive teenager kicked a jail guard who was trying to refasten the handcuffs that had slipped from her wrists. She was convicted of second-degree assault of a correction officer. 

Dutchess County Court Judge George Marlow tried hard to avoid sentencing Roger to prison. He approved a plea deal to send her to an intensive program for emotionally troubled juveniles, one of few suited to her. But while she waited in the hospital for a bed to become available, she set fire to a mattress. The deal collapsed. ''When someone has a documented history of mental illness, as this defendant does,'' the judge said at her 1999 sentencing, ''there ought to be a place where there could be both isolation and treatment. That is the only humane response.'' Lacking that place, Marlow made what he called one of the most painful decisions in a 32-year career: sentencing Jessica Roger to 3 1/2 to 7 years in prison. It was her first foray into the criminal-justice system. 

New York is one of more than 30 states that operate 23-hour confinement units and prisons, sometimes called ''supermax'' facilities. Many of these were built in the 1990's in a frenzy of construction; there are now more than 20,000 inmates nationwide in these units. The resurgence of isolated confinement is often dated to the 1984 lock-down at the federal penitentiary at Marion, Ill., after rising violence led to the murder of two guards. But it was also fed by America's incarceration binge: prisons crowded with gang members, the drug-addicted and the mentally ill presented a daunting management challenge. And in an era when the rehabilitative ideal had long been waning, punitive forces took another step forward. ''The supermax,'' said Gov. Tommy Thompson of Wisconsin in 1996, ''will be a criminal's worst nightmare.'' In New York and elsewhere, there was little public debate about the effect that the units would have on the people confined there. 

Between 1998 and 2000, New York built special housing units for 3,000 inmates, almost doubling capacity in the belief that completely shutting off troublemakers would make prisons safer. Under the state's disciplinary system, rule-breaking inmates face escalating sanctions. Smoking or failing to carry an ID card, for example, could mean a loss of phone, recreation or commissary privileges. Harassing staff members or refusing an order could mean cell confinement, called ''keeplock.'' A sentence to the box was meant for the worst offenses, which is how Glenn S. Goord, commissioner of the New York State Department of Correctional Services, has defended the units. (Goord declined to be interviewed for this article, citing the pending litigation.) In a November 2000 report on prison safety, he described some of the offenses by those in the box: Anthony Burton punched and stabbed an officer with a pen; Carlos Rodriguez stabbed another inmate to death; Claudio Cuadrado cut an officer with a razor. ''The inmates confined in disciplinary housing,'' he said in a press release last fall, ''are 'the worst of the worst.''' 

But attorneys, psychiatrists and legislators who have visited New York's special housing units describe the occupants in different terms. While some are violent criminals befitting the system's most extreme form of punishment, many others are mentally disturbed people consigned to the box for lesser offenses -- creating disturbances, using drugs or failing to follow orders. In fact, in 1986 assault counted for half of sentences to the box; in 2000 just 15 percent of special-housing-unit sentences were for assault. 

Prison is an inherently dangerous place, and it is easy to understand why correction officers view the box as an irresistible tool for controlling violence. Donald E. Premo Jr. has served as a correction officer and supervisor in New York prisons for 19 years. When inmates refuse orders or start fights, whether they are mentally ill is irrelevant, he said: they are a security threat, and his job is to contain them. ''It's not so much the harm to them,'' Premo said of mentally ill inmates who are sent to the box. ''But what is the harm to the facility if they are not controlled?'' The statistics in New York do show a significant drop in staff and inmate assault, but staff attacks had been dropping before the units were built. A study of facilities in three other states found little evidence of improved safety. Still, Premo and other officers say they have no doubt that the special housing units have made prisons safer. 

Among Roger's personal papers were dozens of yellow disciplinary citations, mementos from her time at Bedford Hills: she repeatedly refused to tuck in her shirt; she tossed toilet water; she smoked cigarettes in her cell and shouted obscenities at staff members; she bit an inmate. She was 280 pounds of attitude and illness who, in one profanity-laced outburst, told an officer: ''That's what I'm in here for, hitting one of you. . . . '' Roger's second sentence of 60 days in the box was for an ''unhygienic act'' -- spitting on an officer. She made it through 56 days before attempting suicide.

"There's not a room she's not in,'' says Joan Roger, 46. Jessica's mother is sitting at the green Formica-top table of her three-room apartment in a downcast neighborhood of Poughkeepsie, a Hudson River city about 80 miles north of Manhattan. The white walls of the apartment are crowded with photographs. There's Jessica at 11 months clutching a teddy bear, and at 4, beaming and bright-eyed in matching short sets with her older sister, Cora. There's Jessica at 13 with her mother and grandmother. And in her mother's bedroom, a picture of Jessica in her casket, wearing a lavender Tasmanian Devil T-shirt and jeans, framed by a heart-shaped wreath of faded silk flowers. There's a visible bruise on her forehead that adds to her mother's questions. 

Wisps of hair fall from a tight knot and across Joan Roger's ruddy face. Her sweatshirt is stained and worn. She accepts blame, maybe too much, for what happened to her Jet, as she called her daughter. Driven by ''mood swings,'' Joan was verbally abusive to her daughters, she said -- ''fine one minute, the next minute I was off and running.'' Her ex-husband, Kevin Roger, 46, recalls Joan yelling awful things at the girls and once grabbing a knife from her hand that, she acknowledges, ''had his name on it.'' Joan left the girls with Kevin around the time Jessica turned 11. Jessica was shattered. 

Kevin Roger's alcohol abuse is a refrain in Jessica's letters and records. But unlike Joan, Kevin, who is suing the state prison system, does not apologize. ''I drank,'' he says. ''I still drink. It's legal.'' 

''To me,'' Jessica Roger told a psychiatrist when she was 17, ''my life has been nothing but hell.'' She spent much of her adolescence in institutions for troubled and sick children. She broke more than a dozen windows during her fits and tantrums. She first attempted suicide by overdosing on pills when she was 13. She was a regular at the local psychiatric emergency room. She might have gone on this way except that there came a point at which her behavior -- a fight with her sister -- ceased to be regarded as the acting out of a troubled adolescent and instead became a crime. This time police insisted that charges be filed, and Roger's fate was sealed.

"Mommy these people are stressing me out again. They took my sheets, my blankets and my mattress out of my cell because I keep hiding under the bed and covering myself so they can't see me. . . . Mommy I really feel like hurting myself but I am afraid to tell these people because I don't want them to put me in a cold . . . cell with nothing but a thin mat and a gown. . . . Mommy the feeling of hurting myself is getting stronger. Why won't these feelings just stay out of my head forever? I can't deal with them anymore. My thoughts about hurting myself are racing now they are going faster than before.'' 

When Roger wrote to her mother in June 2001, she was serving 60 days in keeplock -- locked in her cell for all but an hour of exercise a day -- for setting fire to a book, yelling during the inmate count and other offenses. These forays into solitude were intended, a hearing officer told her, as ''an understood deterrence to future similar behavior.'' But like many ill inmates, Roger seemed inured to punishment. In a county jail, she was so uncontrollable that a stun device was used on her more than once. Another time, jail officers stripped her of her jumpsuit and bra, after she refused to do it herself, and put her in a suicide-proof gown. ''Do whatever you want to me,'' she impassively told a jail officer in 1998. 

Inmates like Roger are at the heart of a societal debate -- played out mostly in courts, academic publications and the reports of reform organizations -- over whether seriously mentally ill people belong in isolated confinement. But it's a question that is debated in prisons too, with lines sometimes drawn in unexpected ways. The Department of Correctional Services runs New York's prisons, but clinical care of the mentally ill is left to the Office of Mental Health. Bedford Hills Superintendent Elaine Lord, who retired in March, was known as an advocate for mentally ill inmates for whom harsh punishment in the box could be destructive and lead to a spiral of misbehavior. Lord, who declined to be interviewed for this article, sometimes clashed with mental-health clinicians, who advocated punishment to curb what they saw as inmate ''malingering'' or ''manipulating'' -- feigning or using illness, usually to get out of disciplinary sanctions. 

It is a classic tug of war in an overburdened system in which the corrections side is supposed to take the ''bad'' inmates and the mental-health side is supposed to take the ''mad'' -- and where both sides have limited resources, arguments ensue as to who belongs where. In a deposition taken for the lawsuit against the state, the superintendent summed up a school of thought with which she agreed. ''We need to stop arguing about whether people are mad or bad,'' testified Lord, who cried at the inquiry into Roger's death, ''and design some effective interventions.'' 

Roger's borderline personality disorder marked her as willful, manipulative and, incorrectly, all but untreatable. In her time at Bedford Hills, she was sentenced to 16 terms in disciplinary confinement, mostly in keeplock, on 46 separate charges. She had two sentences to the box totaling about five months. She was luckier than others in New York. Inmates who are mentally ill spend on average about three years in special housing units, according to a Correctional Association of New York survey. They get caught in a vortex of worsening illness and behavior that leads to ever more punishment. 

The debate over the effects of isolation on even a normal human psyche is longstanding. In 1821, the New York Legislature directed its prison at Auburn to conduct an experiment: put 80 of its worst offenders into what a group promoting the idea described as ''complete solitary confinement, free from all employment, all amusement, all pleasant objects of external contemplation.'' The inmates soon became suicidal and psychotic. One leapt from a gallery when his door opened; another beat his head against the walls of his cell. The experiment was abandoned within two years. ''A degree of mental anguish and distress may be necessary to humble and reform the offender,'' the warden, Gershom Powers, wrote, ''but, carry it too far, and he will become either a savage in his temper and feelings, or he will sink in despair.'' 

Modern research on prisoners of war; immobilized spinal-injury patients; solo, long-flight pilots; Antarctic dwellers and prison inmates has shown the human mind vulnerable to unraveling during periods of isolation and sensory deprivation. In 1979, Stuart Grassian, a Harvard Medical School psychiatrist, was asked to assess 14 inmates who were housed in the small, windowless cells of a solitary confinement unit at a maximum-security prison in Walpole, Mass. One inmate could not recall the days before he slashed his wrists. Another described feelings of panic and fear of suffocation. Many heard voices, were hypersensitive to sounds or obsessed over thoughts of torture and revenge on guards. Since then, Grassian has evaluated scores of inmates in New York and other states, and has no doubts about what he calls the ''toxic'' effect of isolation. 

Grassian's findings are part of a body of research that is consistent and ample but also, in the words of a recent article in The Prison Journal, ''weak methodologically.'' For one, his research was conducted in the context of a lawsuit -- often the only way to get access to the cloistered world of prisons. And it is based on observing and interviewing inmates rather than tracking them over time or comparing them with control groups. A research team in Canada tried to settle the debate in the late 1990's by comparing the mental health of 23 inmates segregated for 60 days with those who were kept with the general population. It found no harm to the isolated inmates, who were less mentally healthy than the control group. However, the study's subjects -- many of them volunteers -- had access to personal possessions, televisions and computers. In an article in the Canadian Journal of Criminology, the researchers cautioned that their findings are ''somewhat irrelevant'' to conditions in the United States, ''where prisoners can sometimes be segregated for years for disciplinary infractions with virtually no distractions, human contacts, services or programs.'' 

Researchers and advocates generally do not object to short periods of confinement for ill and unruly inmates; they recognize that truly violent prisoners must be contained. But since the 1980's, the number of New York inmates serving special-housing-unit sentences of longer than six months has increased at six times the rate of the population. Inmates can, and do, spend years in the box. In 2002, New York had among the nation's highest proportion of inmates -- nearly 8 percent -- in isolated confinement, which includes the box and keeplock. ''The scale of punishment in New York State is particularly onerous,'' said Hans Toch, a prison researcher who is a professor of criminal justice at the State University at Albany. ''They think nothing of putting someone into a segregation setting for a year and a half for what is a serious but not horrendous offense.'' 

Carlos Diaz, 46, had been in a special housing unit in New York for five years when he hanged himself with a shoelace in 2000. He had accumulated so many infractions that he had 10 years left in the box. Such deaths are investigated by an oversight board called the New York State Commission of Correction, which found that Diaz had been virtually abandoned. Although he was at one point ''extremely delusional,'' no one was monitoring his condition or providing mental-health care. ''It is a well-established fact,'' the commission noted pointedly, ''that inmates serving long-term sentences in S.H.U.'s are likely to decompensate due to extended periods of isolation and sensory deprivation.'' 

In 2001, the commission investigated two deaths six months apart that painfully illustrate lapses in mental-health care that lead ill inmates to act out and be disciplined. In each case, severely mentally ill inmates at separate prisons died from ''decreased intake of food and water'' -- they starved, in other words -- one after announcing a hunger strike and the other while on a suicide watch. The Commission of Correction was searing in its criticism: ''In both cases, the inmates had been identified as having significant mental-health and/or medical problems and were not afforded the care and treatment that these services are required to provide.'' Significantly, the commission's findings are nonbinding; they are often rejected or ignored. 

Cases like these are symptoms of a system under strain. The number of mentally ill inmates grew by 78 percent since 1991, while mental-health staffing has grown by 57 percent. Complicating matters, jobs often go unfilled. Pedro Molina appealed for help in 2001 at a prison with chronic recruiting problems. His note in Spanish was found weeks later on a stack of 40 requests; no one had translated or triaged the request, and Molina, 27, hanged himself in the box. 

When another inmate, Ralph Tortorici, 31, killed himself in 1999, Goord himself expressed frustration, appealing to the Office of Mental Health for more psychiatric hospital beds. ''I am seriously concerned about the potential for unfortunate occurrences similar to the premature demise of Mr. Tortorici,'' Goord wrote. Tortorici suffered from schizophrenia and believed the government had implanted computer chips in his body; he was so ill that he had been hospitalized four times for periods of up to a year. The prison system's lone 189-bed hospital has not been expanded since opening in 1980. Since then, New York has built 38 prisons.

Each morning at Bedford Hills, Jessica Roger would visit Andy DeMers, a correction officer she had made friends with. She would put her head, puppy-dog-like, on the high counter he manned. It was a ritual they shared: He would ''tune'' her nose, making a noise as he tweaked it. One day, she called to him as she was led to a van bound for the prison psychiatric hospital. ''Who's going to tune my nose?'' she asked. DeMers recalled that ''there was a sweetness inside her,'' a quality he said few officers saw. Officers aren't trained to connect with inmates but rather to control them, many experts told me, leading to many confrontations and failures of opportunity. ''She was reachable,'' said DeMers, who has since retired. 

Betty Guzzardi, a petite woman in her 50's, lived on Roger's cellblock in the months before her suicide. She was one of a handful of mother hens who would try to lift Roger's spirits. ''We used to tell her, 'You're a young girl; you'll be getting out,''' said Guzzardi, who has a daughter Roger's age. The women would play cards and Yahtzee with her, and Roger would laugh and enjoy the company. Guzzardi once watched Roger pull an electrical outlet cover off a wall and gouge her wrists with the broken pieces; she had often seen her cry. When told that Roger had been put into the box two days before her suicide -- in an incident that apparently began with Jessica smoking and ended with her throwing a chair -- Guzzardi was incredulous. ''Are you crazy?'' she told an officer. ''She's too depressed. 

''The whole facility was like 'How could they do this knowing how she was?' It was very upsetting to us that a young girl like that took her life, and more than that, the facility helped her take her life.'' 

State prisons bear the brunt of what is often called the ''criminalization'' of mental illness. In New York, the tally of mentally ill inmates has swelled to 7,500, or 11 percent of the population. Unprepared for the task, the system has tried to respond, if inadequately. Units have been built for mentally ill prisoners who cannot live with the general population. Therapy programs have even been started at a few special housing units. In the face of the systemwide lawsuit, the state is proposing to expand these services, along with measures to reduce time in the box for good behavior and for offenses that stem from mental illness. But advocates say that more in-patient hospital beds and dedicated units are needed for mentally ill inmates, along with training to help correction officers recognize the manifestations of illness. Just as important, better oversight is needed of a system with little accountability. 

Thanks to a previous lawsuit against Bedford and the 1987 settlement that was reached, the prison has among the highest levels of mental-health staff in the state and the mental-health care that Roger received was most likely far superior to that in the rest of the system. Women in the special housing unit are monitored regularly and given monthly therapy. But while the lawsuit improved care, it did not achieve what Jessica Roger needed most. It did not keep her out of the box. Facilities in at least four states preclude the seriously ill from 23-hour confinement; a proposal to do that in New York has languished in the State Legislature. Had it been law, Roger might still be alive. 

In her final tortured hours, Jessica Roger was moved from the box to a suicide observation cell and back again. She exhibited ''self-injurious behaviors'' on the way back to special housing, the Commission of Correction's report states, questioning why she wasn't returned to observation. But mental-health staff members had considered a prior gesture to be ''manipulative,'' the report asserts; Roger, they thought, was trying to get out of the box. ''The ultimate tragedy,'' writes Terry Kupers, a prison expert and psychiatrist, in an article in The Correctional Mental Health Report, ''is when overconcern about malingering leads mental-health staff to miss what would otherwise be clear signs of an impending suicide.'' 

On Aug. 20, 2002, Roger's counselor closed out her file, recalling recent encounters with Jessica. ''This writer would ask inmate if she had decided if she wanted to get a new ticket yet (misbehavior report) and inmate would laugh and say she wasn't going to get locked.'' Before long, however, the inevitable happened. 

''Inmate acted out after hours and was sent to S.H.U.,'' the counselor wrote. ''Writer was informed of her death yesterday morning on 8/19/02. She will be missed.'' 

Control Unit Prisons (SHU)

 

By Frank J. Atwood, MA

 

 

Control units are supermax prisons that have been designed by government and prison authorities to control the thinking of prisoners, to determine what the prisoners will think about, through carefully contrived sensory deprivation tactics and by focusing the attention of prisoners on immediate concerns. These strategies disable prisoners through psychological, physical, and spiritual breakdown in order to compel mindless compliance by humiliation, intimidation, and demoralization.

In addition to such unconscionable treatment of prisoners, the government and prison officials disingenuously attempt to justify these abhorrent conditions by claiming the “worst of the worst” prisoners require such brutal treatment. However, it is always the political prisoner, the jailhouse lawyer, the resisters of government brainwashing - rather than the violent and dangerous prisoner - who end up in the control unit.


In addition to deceiving the public into believing control units are necessary and house only the “worst of the worst,” prison authorities are master manipulators of prison conditions - an environment that provides absolutee control over the lives of prisoners living assignments, files, medical treatment, food, mail, recreation, and a host of other prisoner activities. Within this atmosphere, prison officials relegate prisoners to a self-imposed state of inferiority. There exists no doubt; the ultimate goal of a control unit prison is to crush the human spirit. Prior to detailing the methods employed by control units to crush the human spirit, as well as to reveal the devastation resulting from such methods...

 

The history etc. is @

http://www.1union1.com/shucontrolunits.html

 

We will now turn to methods utilized by control units and the devastating consequences

Methods

Control units attempt to brainwash and mentally debilitate prisoners through systematic programs of oppression such as isolation, physical abuse, psychological torture, medical neglect, and other sinister forms of behavior modification. In the section on control unit prison history, we learned that many of the current solitary confinement tactics developed from brainwashing techniques used during the Korean War. There are also reports that confirm that brainwashing and torture tactics employed by both the CIA and the KGB have been adopted for use in America’s control units.

Insofar as these tactics, one of the most comprehensive overviews resides in Biderman’s Chart on Penal Coercion (reprinted in 1983 by Amnesty International in the Report on Torture). The chart is broken into eight sections, with each section having two subsections (one on Purpose and one on Variants). These sections and subsections will be presented here along with an additional subsection (SMU) which details strategies used in Arizona’s control unit.

Section I: Isolation

Purpose: To deprive prisoners of social support from both other prisoners and the outside world, to obstruct the ability to resist, to develop an intense concern with self, and to create dependence on captors.

Variants: Use of solitary confinement through isolation, partial isolation, or group isolation.

SMU: Group isolation occurs through collective punishment, one prisoner acts up and all prisoners are punished or rules, affecting all prisoners, are altered. The isolation of prisoners from outside sources occurs by mail tampering (censorship, delayed delivery, arbitrarily returning letters to sender, and lost mail), weekly 5 min. monitored and recorded phone calls, non-contact visits through glass and without a phone (both prisoners and visitors must stand throughout each two hour weekly visit in order to barely be able to hear), and routinely harassing and threatening visitors. Finally, isolation from other prisoners occurs when prisoners are locked in cells for an average of over 23-½ hrs. a day, never touching or being touched by another person (unless begin beaten by prison guards), no access to services (education, religion, or vocation), and forced idleness.

Section II: Monopolization of Perception

Purpose: To fix attention on one’s immediate predicament, to eliminate any stimuli competing with stimuli controlled by captors, and to obstruct all actions not consistent with compliance.

Variants: Isolation, bright light, barren environment, restricted movement, and monotonous food.

SMU: As far as isolation, see-preceding section. Florescent lighting remains on for 17-½ hrs. daily which provides a bright environment (even during the night a “dim” light remains on). Bland food, no sweet desserts, small portions, and daily sack lunches constitutes monotonous food. Restricted movement exists when prisoners are handcuffed behind the back and escorted by a guard whenever leaving the cell. Finally, a barren environment is provided by the piece de resistance of control units, sensory deprivation. This includes unpainted walls as well as no plant or animal life, fresh air, sun, sky, windows, or hobby craft. The tactics discussed previously - isolation, forced idleness, and no access to services - also play a role in producing the barren environment.

Section III: Induced Debility and Exhaustion

Purpose: To weaken both the physical and the mental ability to resist.

Variants: Semi-starvation, induced illness and exploration of pre-existing injury, sleep depravation, and prolonged constraint.

SMU: In addition to monotonous food tactics, semi-starvation occurs from severe restrictions on commissary purchases (only junk food and sweets, no wholesome foods offered), inability to obtain adequate nutrition from prison meals, and an extremely sedentary lifestyle. The failure to provide cold weather clothing during outdoor exercise in winter or when freezing coolers are on indoors, refusal to treat illness or provide prescribed treatment, and other medical neglect all promote physical weakness and mental fatigue. Sleep deprivation occurs when guards purposely make excessive noise all night (stomping up and down stairs, randomly opening and closing pod doors, yelling, loud laughing, and blaring walkie-talkies) and arbitrarily wake prisoners throughout the night with excuses such as supposed problems with outgoing mail, not enough skin showing (completely under the covers) or too much skin showing (sleeping naked), and so forth. Prolonged constraint involves year after year of isolation, escorted everywhere in restraints, being hog-tied or strapped down, and being placed in the hole.

Section IV: Threats

Purpose: To cultivate anxiety and despair.

Variants: Threatening death or harm and providing reward for partial compliance.

SMU: Threatening death or harm may occur verbally and often actually occurs physically. All too frequently prisoners are gassed, forcibly removed from a cell, physically beaten, and then strapped down for hours, even days. Additionally, violence, whether between prisoners or against guards, is constantly provoked by disclosing confidential information, starting rumors, or housing prisoners arbitrarily and, occasionally, around known enemies. There are also strip searches, cell searches, urine analysis tests, and other forms of harassment. The use of these tactics against prisoners who maintain any shred of individuality provides an implied threat to other prisoners in order to force compliance. Furthermore, to openly refrain from imposing such harassment, in return for compliance, also sends a message. Such arbitrary use of power is a key weapon.

Section V: Occasional Indulgence

Purpose: To motivate compliance and hinder adjustment.

Variants: Occasional favors and fluctuating attitudes.

SMU: The motivation of compliance via favors includes suspending some policies intermittently upon compliance by a prisoner. For instance, a complaint prisoner may not be strip-searched, any cell search would be cursory, or longer and preferred recreation times are provided. This can also include cessation of verbal harassment and even congenial small talk. Of course, such arbitrary use of power generates a fluctuating environment that makes it impossible to know what to expect, impossible to adjust.

Section VI: Demonstrating Omnipotence:

Purpose: To show the futility of resistance.

Variants: Confrontation and displays of absolute control.

SMU: The unending demonstrations of who has the power involve gassing, beatings, and time in the hole. Other demonstrations of control include not following rules, issuing trumped up or even totally false disciplinary charges, video surveillance, and the absence of an exit strategy - for most prisoners, the only way out of the control unit is to snitch, parole, or die. Of course, for death row the only way out is to die (after 16 years, average).

Section VII: Degradation

Purpose: To show that the cost of resistance is far more damaging to self-esteem than capitulation and to reduce prisoners to animal level concerns.

Variants: Preventing personal hygiene, promoting a filthy environment, invoking demeaning punishment, giving insults and taunts, and precluding privacy.

SMU: Preventing personal hygiene occurs through restricting the items sold in the commissary as well as by not keeping soap, shampoo, and other items on the store list in stock.

Forcing prisoners to keep rotting trash in their cells and allowing the cleaning of cells weekly, at best, and then not providing such essential tools, like cleanser, creates a filthy environment. Guards, counselors, and even tours often walk by prisoner’s cells, including when the toilet is being used - there is no privacy. Insults and taunts occur through verbal harassment. As for demeaning punishment, this involves many of the aforementioned tactics such as being strapped down while naked, forcibly extracted from a cell, body and cell searches, being escorted while in restraints by guards wearing flak jackets and eye goggles, being subjected to fabricated disciplinary reports and the consequent penalties, and so forth.

Section VIII: Enforcing Trivial Demands

Purpose: To develop the habit of compliance.

Variants: Enforcement of petty rules.

SMU: Trumped up disciplinary charges along with arbitrary enforcement of rules and/or violating established policies is among the main strategies. Also, the use of cell searches to seize authorized property. It must be noted that cell searches involve leaving the prisoner handcuffed in the shower, clad in only underpants, while a team of guards ransack the cell, leaving property on the floor or damaged - cell destruction rather than cell searches.

 

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Now I think this article details EXACTLY what kind of justice system is in place in Canada & what is happening in the Correctional facilities...just think about the youth & remember P4W?

 

 


The regional headquarters of the Correctional Services of Canada in Kingston was blockaded by some 250 people—including residents, farmers, and prison activists—to protest the Conservative government's proposal to shut down Canada's prison farms, with promises of continuing civil disobedience until the government reverses its decision. The seven farms across Canada, including one in Kingston, provide a different form of rehabilitation and skills development than typical prisons, say supporters.

http://www.statcan.gc.ca/daily-quotidien/100720/dq100720a-eng.htm

http://www.cbc.ca/news/pdf/a-flawed-compass-final-web-distribution-sep25...

In 2007 Stockwell Day created a panel to make a sweeping review of federal prisons in Canada.

Mike Harris' go to man on privatization of public services -Rob Sampson was the chair..since he was the chief political architect of CANADA's FIRST PRIVATE PRISON : The Central North Correction Centre contracted on to an private AMERICAN corporation: Management & Training Corp.

A dangerous agenda at work within the federal government with respect to the Canadian prison system. At this very moment, the federal Conservative Party, their various corporate partners, and their provincial proxy-parties are pushing hard for a major expansion of the Prison Industrial Complex (PIC).

A few specific issues relating to the ongoing Conservative revolution in prisons and policing, and tries to strategically show a few points of intervention for people who want to resist this expansion. Most of our research has focused on the internal plan to construct new super-prisons, but related issues such as the closing of the prison farms, the backdoor privatization of the prison system, and the introduction of draconian amendments to the Criminal Code are all elements of the Conservative transformation in its vulnerable and weak introductory phase, which could be resisted simultaneously in order to disrupt this current process. The strong link between the ousted Mike Harris regime in Ontario, and the key players in the Corrections transformation sheds light on what we might expect in the next year.




• In Canada, the incarceration rate of Aboriginal prisoners and women in prison continues to increase. Aboriginal people are incarcerated at a rate of 1024 per 100,000 prisoners in Canada, almost nine times the incarceration rate of non-Aboriginal people which is 117 per 100, 000 people.

In previous years, numerous studies have documented the problematic relationship between Aboriginal peoples and the mainstream justice system. The Royal Commission on Aboriginal Peoples issued a particularly disturbing conclusion on this issue:

“The Canadian criminal justice system has failed the Aboriginal peoples of Canada – First Nations, Inuit and Métis people, on-reserve and off-reserve, urban and rural – in all territorial and governmental jurisdictions. The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with respect to such elemental issues as the substantive content of justice and the process of achieving justice.”

The Supreme Court of Canada also emphasized the far-reaching consequences of maintaining Aboriginal offenders in a system that largely fails to serve and rehabilitate them:

“Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned. As this Court recently noted (...), there is widespread bias against aboriginal people within Canada, and “[t]here is evidence that this widespread racism has translated into systemic discrimination in the criminal justice system.”

(...) These findings cry out for recognition of the magnitude and gravity of the problem, and for responses to alleviate it.

http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/ajs-sja/p2.html

&
http://www.ripplefx.ca/pdf/apegga12.pdf

&
http://www.publicsafety.gc.ca/res/cor/apc/apc-14-eng.aspx

&
http://www.policyresearch.gc.ca/page.asp?pagenm=2009-0005-06

( check section " C" )


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When I worked for NCC's Aboriginal Justice Consulate in the early 1990's we visted prisons from BC to Labrador...& recorded many human rights abuses & concerns from the Aboriginal Prison Liaison workers..


I know it has only gotten worse..sigh


He who opens a school door, closes a prison.

~Victor Hugo

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