Restricting Solitary Confinement (H 8275)

We supported legislation that would provide a statutory mandate limiting the use of solitary confinement in Rhode Island's prison system and provide external enforcement and review provisions to ensure compliance.

Solitary confinement is an expensive, fundamentally inhumane practice that jeopardizes, rather than increases, public safety. After extensive review, the Special Legislative Commission to Study and Assess the Use of Solitary Confinement at the Rhode Island ACI issued a report in June 2017. It recommended limiting solitary to no more than 15 days, more out-of-cell time, and exclusion of pregnant women, young offenders, and individuals with severe and persistent mental illness from such disciplinary confinement. It also recommended external oversight.

Despite these recommendations, RIDOC has been slow to change and has not fulfilled the promise of the Commission. After the report’s release, solitary continued to be imposed for lengthy periods, including for a year and more. It is only due to ongoing court proceedings in which the ACLU is involved that RIDOC adopted administrative policies restricting solitary confinement. Even with the new policies, solitary can continue for up to 30 days, not 15. In addition, the new administrative policies also contain no mandatory exclusions for vulnerable members of the prison population or a means to ensure compliance, as this bill requires.