Brief of Former Corrections Executives as Amici Curiae in Support of Petitioner and Reversal of the Seventh Circuit
Former Corrections Executives
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Summary

Prolonged 24/7 solitary confinement, especially for people with serious mental illness, causes severe psychological harm, worsens symptoms, and creates a destructive cycle that undermines prison and public safety.

2023 | Federal Juristiction

Brief of Former Corrections Executives as Amici Curiae in Support of Petitioner and Reversal of the Seventh Circuit

Keywords solitary confinement; mental illness; prison reform; psychological harm; correctional facilities; rehabilitation; exercise deprivation; behavioral issues; penal justice; recidivism

SUMMARY OF ARGUMENT

Prolonged solitary confinement causes severe psychological and physical harm, and is a costly, ineffective form of punishment. People with serious mental illness (SMI) are even more vulnerable to the harms associated with solitary confinement, such as suicide, self-mutilation, and psychosis, because solitary confinement intensifies underlying mental health conditions. That exacerbation frequently results in more “behavioral issues,” which, in turn, can lead to further sanctions. In the Seventh Circuit, these sanctions can include the deprivation of exercise on top of prolonged solitary confinement – essentially 24/7 solitary confinement. Depriving a person with SMI of exercise while in solitary confinement lacks penological justification because it strips the person of a tool for self-management of symptoms and exacerbates mental health issues. These conditions create a dangerous and self-reinforcing cycle where subsequent, foreseeable manifestations of SMI are then punished with further prolonged solitary confinement with extreme restrictions.

This cycle not only harms the incarcerated person, it also threatens the safety of prison systems, correctional officers, and communities beyond prison walls. The disruption that results from this long-term 24/7 solitary confinement increases the likelihood that incidents requiring a use of force will occur and impacts the safety of communities by decreasing rehabilitation opportunities and increasing the likelihood of rearrest after release, particularly for violent crimes.

Notably, a variety of alternatives to prolonged 24/7 solitary confinement exist, and prison systems that utilize these alternatives are less costly and safer for incarcerated people and correctional officials alike. Many states have limited or eliminated the use of prolonged solitary confinement, and, as a result, have seen a reduction in disruptive incidents. Prison systems that seek to address the underlying causes of behavioral infractions, like the treatment of SMI and access to regular programming, including regular exercise, are safer for both the people they incarcerate and those whom they employ.

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Summary

Extended periods of solitary confinement lead to significant psychological and physical damage. This method of punishment is both expensive and does not work well. Individuals with serious mental illness are particularly susceptible to the negative effects of solitary confinement, such as self-harm, suicidal thoughts, and psychosis. This is because solitary confinement makes existing mental health problems worse.

Worsening mental health often leads to more behavioral problems. In turn, these behaviors can result in additional penalties. For example, in the Seventh Circuit, these penalties may include being denied exercise while in long-term solitary confinement. This means being in solitary confinement almost constantly. Taking away exercise from someone with a serious mental illness while they are in solitary confinement serves no valid purpose. It removes a way for them to manage their symptoms and makes their mental health issues worse. These conditions create a dangerous cycle where expected symptoms of serious mental illness are then punished with even longer solitary confinement and very strict rules.

This cycle not only harms the person in prison, but it also puts the safety of prison systems, staff, and the wider community at risk. Being in constant solitary confinement for a long time increases the chance of incidents requiring force. It also affects community safety by reducing chances for rehabilitation and making it more likely that people will be arrested again after release, especially for violent crimes.

It is important to note that there are other options besides long-term, constant solitary confinement. Prison systems that use these alternative approaches are less expensive and safer for both those in prison and prison staff. Many states have reduced or stopped using extended solitary confinement. As a result, they have seen fewer disruptive incidents. Prison systems that focus on addressing the root causes of behavioral issues, such as treating serious mental illness and providing regular activities, including exercise, are safer for everyone involved.

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Summary

Extended periods of solitary confinement lead to significant psychological and physical harm. This method of punishment is both expensive and does not achieve its goals. Individuals with serious mental illnesses are particularly susceptible to the negative effects of solitary confinement, such as an increased risk of suicide, self-harm, and severe mental health episodes. This is because solitary confinement can worsen existing mental health conditions.

Worsened mental health often results in more behavioral problems, which can then lead to additional penalties. In some legal jurisdictions, these penalties may include the denial of outdoor exercise, on top of already prolonged solitary confinement. This can result in a state of nearly constant solitary confinement. Denying exercise to individuals with serious mental illnesses during solitary confinement serves no valid purpose for punishment. It removes a vital tool for managing symptoms and further intensifies mental health issues. These circumstances create a harmful cycle where predictable displays of mental illness are then met with further solitary confinement and extreme restrictions.

This cycle not only harms the individual in custody but also poses risks to the safety of prison systems, correctional staff, and communities outside of prisons. The instability caused by long-term, around-the-clock solitary confinement increases the chance of incidents requiring physical force. It also impacts community safety by reducing opportunities for rehabilitation and raising the likelihood of re-arrest after release, especially for violent offenses.

It is important to note that there are many alternative approaches to extended solitary confinement. Prison systems that use these alternatives often find them to be less costly and safer for both those incarcerated and correctional staff. Many states have either limited or stopped using extended solitary confinement. As a result, they have seen a decrease in disruptive incidents. Prison systems that focus on addressing the root causes of behavioral issues, such as providing treatment for serious mental illness and access to regular activities like exercise, are safer environments for everyone involved.

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Summary

Extended periods of solitary confinement cause serious mental and physical harm. This method of punishment is also expensive and does not work well. Individuals with serious mental illnesses (SMI) are more at risk from solitary confinement. This includes risks like suicide, self-harm, and severe mental distress, because solitary confinement makes existing mental health issues worse.

This worsening of mental health often leads to more "behavioral problems," which can result in additional punishments. In some areas, these punishments might include taking away exercise in addition to long-term solitary confinement. This means being in solitary confinement 24 hours a day, 7 days a week. For someone with SMI, removing exercise while in solitary confinement makes mental health problems worse and serves no real purpose as punishment. This creates a dangerous cycle where predictable symptoms of SMI are then punished with even more solitary confinement and strict rules.

This harmful cycle affects not only the incarcerated individual but also the safety of prisons, staff, and communities outside of prison. Long-term 24/7 solitary confinement increases the chance of incidents that require the use of force. It also reduces chances for rehabilitation and makes it more likely that individuals will be re-arrested after release, especially for violent crimes.

There are many other ways to manage individuals besides long-term 24/7 solitary confinement. Prison systems that use these alternatives are less expensive and safer for both incarcerated individuals and prison staff. Many states have reduced or stopped using extended solitary confinement. As a result, they have seen fewer disruptive incidents. Prison systems that address the root causes of behavioral issues, such as treating SMI and offering regular programs like exercise, are safer for everyone involved.

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Summary

Keeping people alone for a long time causes much harm to their minds and bodies. It also costs a lot of money and does not work well as a punishment. People with serious mental health problems are hurt even more by being alone. They may try to hurt themselves or think things that are not real. This is because being alone makes their mental health worse.

When mental health gets worse, people often have more problems with their behavior. This can lead to them being punished even more. In some places, these punishments can mean not being allowed to exercise while still being kept alone. This means being alone all day and night. Not letting someone with mental health problems exercise while alone makes their problems worse. It also takes away a way they can try to feel better.

This creates a bad cycle. The person's mental health problems get worse, and then they are punished more for showing signs of these problems. This cycle of being alone with very strict rules hurts the person in prison. It also makes prisons less safe for staff and for people outside the prison.

When people are kept alone all day and night for a long time, it can lead to more fights or problems that need force to stop. It also makes it harder for people to get better and learn new skills. This means they are more likely to commit crimes again, especially violent ones, after they leave prison.

There are other ways to deal with these issues instead of keeping people alone for a long time. Prisons that use these other ways save money and are safer for everyone. Many states have stopped or limited keeping people alone for long periods. They have seen fewer problems happen as a result. Prisons that help people with their mental health and offer regular activities, like exercise, are safer for both the people in prison and the staff who work there.

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Footnotes and Citation

Cite

Brief of Former Corrections Executives as Amici Curiae in Support of Petitioner and Reversal of the Seventh Circuit, Johnson v. Prentice, No. 22-693 (U.S. Feb. 24, 2023)

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