The new Executive Director of the Colorado Department of Corrections decided to stay the night....
The New York TImes
COLORADO
SPRINGS — AT 6:45 p.m. on Jan. 23, I was delivered to a Colorado state
penitentiary, where I was issued an inmate uniform and a mesh bag with
my toiletries and bedding. My arms were handcuffed behind my back, my
legs were shackled and I was deposited in Administrative Segregation —
solitary confinement.
I
hadn’t committed a crime. Instead, as the new head of the state’s
corrections department, I wanted to learn more about what we call Ad
Seg.
Most states now agree that solitary confinement is overused, and many — like New York, which just agreed to a powerful
set of reforms
this week — are beginning to act. When I was appointed, Gov. John
Hickenlooper charged me with three goals: limiting or eliminating the
use of solitary confinement for mentally ill inmates; addressing the
needs of those who have been in solitary for long periods; and reducing
the number of offenders released directly from solitary back into their
communities. If I was going to accomplish these, I needed a better sense
of what solitary confinement was like, and what it did to the prisoners
who were housed there, sometimes for years.
My
cell, No. 22, was on the second floor, at the end of what seemed like a
very long walk. At the cell, the officers removed my shackles. The door
closed and the feed tray door opened. I was told to put my hands
through it so the cuffs could be removed. And then I was alone —
classified as an R.F.P., or “Removed From Population.”
In
regular Ad Seg, inmates can have books or TVs. But in R.F.P. Ad Seg, no
personal property is allowed. The room is about 7 by 13 feet. What
little there is inside — bed, toilet, sink — is steel and screwed to the
floor.
First
thing you notice is that it’s anything but quiet. You’re immersed in a
drone of garbled noise — other inmates’ blaring TVs, distant
conversations, shouted arguments. I couldn’t make sense of any of it,
and was left feeling twitchy and paranoid. I kept waiting for the lights
to turn off, to signal the end of the day. But the lights did not shut
off. I began to count the small holes carved in the walls. Tiny grooves
made by inmates who’d chipped away at the cell as the cell chipped away
at them.
For
a sound mind, those are daunting circumstances. But every prison in
America has become a dumping ground for the mentally ill, and often the
“worst of the worst” — some of society’s most unsound minds — are dumped
in Ad Seg.
If
an inmate acts up, we slam a steel door on him. Ad Seg allows a prison
to run more efficiently for a period of time, but by placing a difficult
offender in isolation you have not solved the problem — only delayed or
more likely exacerbated it, not only for the prison, but ultimately for
the public. Our job in corrections is to protect the community, not to
release people who are worse than they were when they came in.
Terry Kupers,
a psychiatrist and expert on confinement, described in a paper
published last year the many psychological effects of solitary. Inmates
reported nightmares, heart palpitations and “fear of impending nervous
breakdowns.” He pointed to research from the 1980s that found that a
third of those studied had experienced “paranoia, aggressive fantasies,
and impulse control problems ... In almost all instances the prisoners
had not previously experienced any of these psychiatric reactions.”
Too
often, these prisoners are “maxed out,” meaning they are released from
solitary directly into society. In Colorado, in 2012, 140 people were
released into the public from Ad Seg; last year, 70; so far in 2014,
two.
The
main light in my cellblock eventually turned off, and I fell into a
fitful sleep, awakening every time a toilet flushed or an officer yanked
on the doors to determine they were secure. Then there were the counts.
According to the Ad Seg rules, within every 24-hour period there are
five scheduled counts and at least two random ones. They are
announced over the intercom and prisoners must stand with their feet
visible to the officer as he looks through the door’s small window. As
executive director, I praise the dedication, but as someone trying to
sleep and rest my mind — forget it. I learned later that a number of
inmates make earplugs out of toilet paper.
When
6:15 a.m. and breakfast finally came, I brushed my teeth, washed my
face, did two sets of push-ups, and made my bed. I looked out my small
window, saw that it was still dark outside, and thought, now what?
I
would spend a total of 20 hours in that cell. Which, compared with the
typical stay, is practically a blink. On average, inmates who are sent
to solitary in Colorado spend an average of 23 months there. Some spend
20 years.
Eventually,
I broke a promise to myself and asked an officer what time it was.
11:10 a.m. I felt as if I’d been there for days. I sat with my mind. How
long would it take before Ad Seg chipped that away? I don’t know, but
I’m confident that it would be a battle I would lose.
Inmates
in Ad Seg have, of course, committed serious crimes. But I don’t
believe that justifies the use of solitary confinement. My predecessor,
Tom Clements, who was as courageous a reformer as they come, felt the
same way. Mr. Clements had already gone a long way to reining in the
overuse of solitary confinement in Colorado. In little more than two
years, he and his staff cut it by more than half: from 1,505 inmates
(among the highest rates in the country) to 726. As of January, the
number was down to 593. (We have also gotten the number of severely
mentally ill inmates in Ad Seg down to the single digits.)
But
Mr. Clements had barely begun his work when he was assassinated last
March. In a tragic irony, he was murdered in his home by a gang member
who had been recently released directly from Ad Seg. This former inmate
murdered a pizza delivery person, allegedly for the purpose of wearing
his uniform to lure Mr. Clements to open his front door. A few days
later, the man was killed in a shootout with the Texas police after he
had shot an officer during a traffic stop. Whatever solitary confinement
did to that former inmate and murderer, it was not for the better.
When
I finally left my cell at 3 p.m., I felt even more urgency for reform.
If we can’t eliminate solitary confinement, at least we can strive to
greatly reduce its use. Knowing that 97 percent of inmates are
ultimately returned to their communities, doing anything less would be
both counterproductive and inhumane.