Solitary confinement of women in the United States

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While segregation as a disciplinary measure or a precaution that protects other inmates is allegedly reserved for offenders who have committed violent acts while in prison, women in particular are often put into solitary confinement for much smaller offenses, such as throwing things or talking back to guards. [1] Solitary confinement is also often applied to women who complain of sexual assault from prison guards or other inmates. [2] Once they are in solitary confinement, women are often monitored more closely and disciplined more harshly than are men. [1]

Contents

While studies have shown the effects of solitary confinement to be detrimental to some inmates, solitary confinement of women has particular consequences for women that may differ from the way it affects men. Solitary confinement rates for women in the United States are roughly comparable to those for men [3] [4] and about 20% of prisoners will be in solitary confinement at some point during their prison career.

Prevalence

According to the Bureau of Justice Statistics’ report from 2011-2012, about 20% of female prison inmates and 17% of female jail inmates spent some time in solitary confinement during that year, numbers which are comparable to rates for men. [4]

Solitary confinement is ostensibly used to prevent violence within the prison population, and has becoming more prevalent over the last several decades, arguably due to the prison industrial complex and rising incarceration rates. [5] In most prisons, inmates who are put into solitary confinement are confined under one of three frameworks: disciplinary segregation, voluntary administrative segregation, and involuntary administrative segregation. [6] Disciplinary segregation is used as a punishment, while administrative segregation is a preventative measure intended to protect inmates. [6]

Disciplinary segregation

An offender who has committed a “serious disciplinary offense” may be put in solitary confinement as a punitive measure. [6] Inmates put into disciplinary segregation are not required to be given the same privileges as those put into administrative segregation, [6] but the duration of their stay in isolation tends to be shorter. [7] According to a magazine written by inmates in a California prison, the practice operates under a “guilty until proven innocent” protocol, holding prisoners in solitary confinement even before it is clear that they committed the infraction. [8]

Inmates who are considered to be politically threatening are sometimes put into isolation; although the United States does not officially hold political prisoners, some inmates in solitary confinement are there because of their political activism. This means that minorities are more likely to end up in solitary confinement. [9]

Administrative segregation

Administrative segregation, or “ad seg," is more common than disciplinary segregation, and serves to protect either the inmate being placed in solitary or others in the prison. [6] An offender may be put into administrative segregation if they are thought to be dangerous to others or if their own safety is in danger, or if “the inmate has the potential to interfere with an ongoing investigation." [6] Often, women who vocalize the fact that they feel threatened by someone else will be put into administrative segregation. Similarly, if they are accused of acting threatening in any way, they may be segregated. [10] Women who are placed in administrative segregation tend to be those women who have had trouble adjusting to prison life and who are seen as “high-risk” or “high-needs” when they enter the prison. [7] Because this type of segregation is not intended as punishment, inmates in administrative segregation are legally required to be treated in the same way as those in general confinement in prison. [6]

Voluntary

Women prisoners sometimes request to be put into solitary confinement for their own protection. [7] Specifically, some women are thought to request solitary confinement to avoid “further assaults on their identity” that might arise from their interactions and experiences in prison. [11] Studies have found that women who have been in voluntary administrative segregation tend to have high personal or emotional needs, and some have struggled with substance abuse, although few have difficulty with “community functioning.” [7]

Involuntary

Women prisoners who are deemed to be dangerous to other prisoners are sometimes put into administrative segregation; a prisoner can also be put in segregation if the officers determine that she herself is in danger and needs this protection. [7] Like women who are voluntarily put into segregation, these women tend to have high personal and emotional needs, but many of them also have difficulties functioning in the community or associating with other people. [7]

Women put in segregation

In general, women tend to be subjected to harsher disciplinary practices in prisons than men. [5] Most women in jail have committed crimes that are nonviolent offenses, such as drug fraud, property, theft , substance abuse, or sex work.[ citation needed ] In the case of solitary confinement, women are often put into segregation for minor infractions committed while in prison, while men must commit more violent infractions, such as attacking a guard, for segregation to be deemed necessary. [5] Some have theorized that this is because women in prison are held to especially high standards of femininity, and prisons encourage them to conform to very traditional ideas of being a woman subconsciously . [5] This model of femininity requires women to be “pure, passive, heterosexual, and located in motherhood." [5] When women do not comply with this standard while imprisoned, they are punished further. In fact, some prisons specifically isolate women who seem “butch” or not traditionally feminine. [12]

Another basis for being put into solitary confinement that applies disproportionately to women is that prisoners who complain of abusive treatment by guards are often segregated as retaliation. [13] In particular, women who speak out after guards have sexually harassed them are often put into segregation. [2] Not only does this mean that guards who are guilty of sexually harassing inmates go unpunished, it also decreases the likelihood that women will report harassment. [2]

In some prisons, women may be put into solitary confinement because their mental health issues prove to be too difficult for the authorities to deal with or are exhausting their resources. [11] If the prison authorities are unable to address their inmates’ health concerns, they may put them into solitary confinement to avoid solving the problem. This means that the women in solitary confinement are often already at risk for mental health or other challenges, due to previous health concerns or sexual abuse. [2]

Consequences for women

Solitary confinement has been shown to be detrimental to the mental and physical well-being of all inmates of all ages. There are some ways in which being put into segregation can be more harmful for women than for men. This is often due to patriarchal structures that exist outside of the prison environment as well. [5] They “experience segregation as women”; they are both subjected to slightly different treatment than men are and their perception of this treatment may differ as well. [1]

Psychological effects

Being put into solitary confinement can be very damaging to the mental health of female inmates, particularly those with a history of mental or physical illness, as has been found in a number of studies that observed and interviewed women who were being held in solitary confinement. [14] Some studies that focus on mental health have found that prolonged isolation has the potential to worsen mental health conditions, such as being held in a small space without access to objects, recreation, or human contact can lead to claustrophobia, anger, depression, hallucinations, [15] insomnia, and obsessive ideation or fixation on dying. [14] On a psychosomatic level, inmates in solitary confinement often experience a loss of appetite and weight, dizziness, or heart palpitations. [15]

Some of the anxiety that inmates, experience in solitary confinement comes from a loss or confusion of identity. Prisoners in solitary confinement are not allowed to decorate the small rooms that they are in or to bring most of their possessions that they were allowed in general confinement. [15] This prevents the women from having any sort of entertainment, but also exacerbates feelings of a loss of individuality and of personal identity. [15]

Further, because prisoners kept in segregation often interact little with the outside world, and because the routines of eating and cleaning may be different from in general confinement, the women lose their ability to mark time. [11] The Fire Inside magazine, written by offenders in California women's prisons, quotes one prisoner as saying that her recommendation for those held in solitary confinement is "to create a schedule" and figure out the time of day, because it "helps to assert control over your own life and not be totally defined by whatever 'routine' the prison is forcing on you." [16]

Another aspect of their identity that is destroyed is their ability to form relationships with others. This is of course impossible when in solitary confinement. It has been argued that this has a harmful effect on women especially. These conclusions were drawn from interviews with women who were still in solitary confinement, women who had been in solitary but had since been transferred back to the general prison population, and women who had been in solitary but had been released from incarceration, suggesting that these effects carry over beyond their time in segregation. [1]

All of these factors combined can have different effects on women, making them either increasingly anxious or increasingly indifferent. [11] While some women feel desperate and angry, others attempt to feel as little as possible in order to mitigate the effects of segregation. [15] Because of the detrimental effect on their mental stability, inmates in solitary confinement often resort to self-harm; this behavior is more common in women than in men. [1] This can sometimes lead to women being held in solitary confinement for longer, as punishment for their destructive actions. [1] Similarly, it reinforces the guards’ perceptions of these women as particularly violent or dangerous to the rest of the prison community. [5]

Sexual abuse

Women in solitary confinement are often watched over by male guards, which can facilitate sexual harassment . [2] Male guards often are present while women shower or undress. [2] Because women in solitary confinement experience so little human contact, the gaze of their guards is often the only interaction that they have with another person; this can exacerbate the feelings of loss of privacy. [2]

Women are often forced to undergo thorough strip searches, during which the guards are more forceful and invasive than is strictly necessary and serves mostly to demonstrate the guards’ authority over the inmates. [14] [15] Because so many female inmates have been victims of sexual or physical abuse, this can be retraumatizing. [2] This can be especially devastating for women whose mental states are already deteriorating, due to prior mental illness or to the effects of being in segregation. [2]

Women have also reported being publicly humiliated when asking for additional sanitary pads during their menstrual periods, [1] or being forced to hand in their used pads in order to acquire new ones. [16]

Separation from children

Women are more likely than men to be the primary guardian of a child or children; having a mother who is in solitary confinement can be very detrimental to the children. [2] Inmates in solitary confinement have much less frequent contact with family members, and when they do, they are usually separated by a partition. [2] Although inmates are allowed some visits from immediate family members, long background checks are required. [9] Children with mothers in prison are at a greater risk for depression or anxiety, substance abuse, or involvement in crime. [2]

Reentry

Women who are released from solitary confinement into the general prison population are more likely than men to experience stigmatization and humiliation from the prison guards. [1] This often leads them to isolate themselves and not interacting with other prisoners even when they are not in solitary confinement. [1]

Once they are released from prison, these women often have a harder time adjusting to being a part of society again, and frequently end up back in prison. [7] Ex-offenders who were held in solitary confinement are more likely to commit violent acts against others once released than those who spent all their time in the general prison population. [9] As one California prisoner who wrote for The Fire Inside prison magazine put it, "We go through these kind of mental, emotional, and spiritual stages. At first when you get here you're angry and disoriented…Paranoia sets in…I slowly began to think of this cell as my safe place…What happens next year when they take the box away?" She, and other women in solitary confinement, become unequipped to deal with the outside world and the knowledge of technological advancement, social interaction skills, and mental stability that it requires. [17]

Women of color in solitary confinement

In general, women of color, like men of color, are more likely to be put in prison than white women and men. [5] Likewise, they are thought to be somewhat disproportionately represented in the solitary confinement population. [18] The Bureau of Justice Statistics reports that in 2011–2012, 16% of white prison inmates, 20% of black/African American prison inmates, 16% of Hispanic or Latino prison inmates, and 20% of prison with some other racial identification were in solitary confinement at some point. The difference was slightly less pronounced in jails, with 17% of white, 17% of black/African American, 15% of Hispanic/Latino, and 21% of other inmates spending time in solitary confinement. There is no data available that specifically documents the intersection between race and gender. [4]

Transgender inmates in solitary confinement

Transgender or gender nonconforming people are over represented in prisons, especially transgender people of color. Transgender inmates are much more likely to be sexually assaulted than their cisgender counterparts. [12] Solitary confinement is often the measure implemented to prevent sexual assaults. [12] Transgender women, specifically, are sometimes placed in male prisons and then separated from the general prison population and put in “protective custody,” which functions in the same ways as solitary confinement, [2]

Being in solitary confinement can have consequences for transgender women's mental and physical health, in particular because transgender people are already more likely to suffer from depression or other mental illness. [2] Prisoners, and especially those in solitary confinement, do not always have access to necessary medications, and transgender people are often denied access to the hormones that they take. [19]

Related Research Articles

Prison sexuality consists of sexual relationships between prisoners or between a prisoner and a prison employee or other persons to whom prisoners have access. Since prisons are usually separated by sex, most sexual activity is with a same-sex partner. Exceptions to this include sex with spouses/partners during conjugal visits and sex with a prison employee of the opposite sex.

<span class="mw-page-title-main">Solitary confinement</span> Strict form of imprisonment

Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it can also be used as protective custody for incarcerated individuals whose safety is threatened by other prisoners. This is employed to separate them from the general prison population and prevent injury or death.

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2021, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. It has 5% of the world’s population while having 20% of the world’s incarcerated persons. China, with more than four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff. In 2001, Human Rights Watch estimated that at least 4.3 million inmates had been raped while incarcerated in the United States. A United States Department of Justice report, Sexual Victimization in Prisons and Jails Reported by Inmates, states that "In 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." However, advocates dispute the accuracy of the numbers, saying they seem to under-report the real numbers of sexual assaults in prison, especially among juveniles.

<span class="mw-page-title-main">Menard Correctional Center</span> Prison in Illinois, United States

Menard Correctional Center, known prior to 1970 as Southern Illinois Penitentiary, is an Illinois state prison located in the town of Chester in Randolph County, Illinois. It houses maximum-security and high-medium-security adult males. The average daily population as of 2007 was 3,410.

Protective custody (PC) is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. Many prison administrators believe the level of violence, or the underlying threat of violence within prisons, is a chief factor causing the need for PC units. Prisoners have the opportunity to request protective custody if they get the impression that the environment they are living in is harmful to their well being. Their request may be granted if the officials rule that the prisoner is truly at risk. Protective custody might simply involve putting the person in a secure prison (if the threat is from the outside), but usually protective custody involves some degree of solitary confinement. For people who are threatened because of their association with a certain group or gang, moving them to another section of the prison may be sufficient.

Red Onion State Prison (ROSP) is a supermax state prison located in unincorporated Wise County, Virginia, near Pound. Operated by the Virginia Department of Corrections (VADOC), it houses about 800 inmates. The prison opened in August 1998.

<span class="mw-page-title-main">Prison</span> Facility where people are kept as punishment for a crime

A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, remand center, hoosegow, and slammer, is a facility where people are imprisoned under the authority of the state, generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

<span class="mw-page-title-main">LGBTQ people in prison</span> Lesbian, gay, bisexual, transgender and queer people in prison

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence See Homelessness among LGBT youth in the United States, and LGBT youth vulnerability.

Colorado State Penitentiary is a Level V maximum security prison in the U.S. state of Colorado. The facility is part of the state's East Cañon Complex, together with six other state correctional facilities of various security levels.

<span class="mw-page-title-main">Incarceration of women</span> Imprisonment of women

Approximately 741,000 women are incarcerated in correctional facilities, a 17% increase since 2010 and the female prison population has been increasing across all continents. The list of countries by incarceration rate includes a main table with a column for the historical and current percentage of prisoners who are female.

<span class="mw-page-title-main">Prisoner</span> Person who is deprived of liberty against their will

A prisoner is a person who is deprived of liberty against their will. This can be by confinement or captivity in a prison, or physical restraint. The term usually applies to one serving a sentence in prison.

<span class="mw-page-title-main">2013 California prisoner hunger strike</span>

The 2013 California prisoner hunger strike started on July 8, 2013, involving over 29,000 inmates in protest of the state's use of solitary confinement practices and ended on September 5, 2013. The hunger strike was organized by inmates in long term solitary in the Security Housing Unit (SHU) at Pelican Bay State Prison in protest of inmates housed there that were in solitary confinement indefinitely for having supposed gang ties. Another hunger strike that added to the movement started the week before in High Desert State Prison. The focus of the High Desert State Prison hunger strike was to demand cleaner facilities, better food and better access to the library.

<span class="mw-page-title-main">Incarceration of women in the United States</span> Topic page on incarceration of women

The incarceration of women in the United States refers to the imprisonment of women in both prisons and jails in the United States. There are approximately 219,000 incarcerated women in the US according to a November 2018 report by the Prison Policy Initiative, and the rate of incarceration of women in the United States is at a historic and global high, with 133 women in correctional facilities per every 100,000 female citizens. The United States is home to just 4% of the world's female population, yet the US is responsible for 33% of the entire world's incarcerated female population. The steep rise in the population of incarcerated women in the US is linked to the complex history of the war on drugs and the US's prison–industrial complex, which lead to mass incarceration among many demographics, but had particularly dramatic impacts on women and especially women of color. However, women made up only 10.4% of the US prison and jail population, as of 2015.

<span class="mw-page-title-main">Solitary confinement in the United States</span> Form of strict imprisonment in the United States

In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. Solitary confinement (sometimes euphemistically called protective custody, punitive segregation (PSEG) or room restriction) generally comes in one of two forms: "disciplinary segregation," in which inmates are temporarily placed in solitary confinement as punishment for rule-breaking; and "administrative segregation," in which prisoners deemed to be a risk to the safety of other inmates, prison staff, or to themselves are placed in solitary confinement for extended periods of time, often months or years.

People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.

Women in American prisons encounter numerous difficulties that often involve mental health problems, drug and alcohol issues, and trauma. These challenges not only make navigating the criminal justice system more difficult for women but also highlights broader societal issues such as, gender-based violence, economic inequalities, and lack of mental health support. People in prison are more likely than the general United States population to have received a mental disorder diagnosis, and women in prison have higher rates of mental illness and mental health treatment than do men in prison. Furthermore, women in prisons are three times more likely than the general population to report poor physical and mental health. Women are the fastest growing demographic of the United States prison population. As of 2019, there are about 222,500 women incarcerated in state and federal prisons in the United States. Women comprise roughly 8% of all inmates in the United States. This surge is largely attributed to the rising use of imprisonment for drug-related offenses rather than violent crimes. A considerable portion of incarcerated women are serving time for drug-related offenses, with the proportion increasing significantly between 1986 and 1991. Even among those in maximum security facilities, a majority are not imprisoned for violent felonies. The data also reveal that in states like New York, a substantial proportion of incarcerated women are serving time for drug-related offenses, with a smaller percentage incarcerated for violent crimes or property offenses.

<span class="mw-page-title-main">August Rebellion</span>

The August Rebellion was an uprising on August 29, 1974, at the Bedford Hills Correctional Facility for Women, a New York State prison in Bedford Hills in the Town of Bedford, Westchester County, New York, United States. In August 1974, about 200 women imprisoned at Bedford Hills rebelled, taking over parts of the prison, in protest of the inhumane treatment of Carol Crooks. A subsequent civil-action lawsuit, ruled in the inmates' favor, led to greater protections of Fourth Amendment rights for incarcerated people.

Prisoners' Justice Day is a solidarity movement that takes place annually on August 10. The movement began in Canada in 1974 in support of prisoners’ rights and to remember all the people who have died of unnatural deaths while incarcerated. The first Prisoners' Justice Day was held at the Millhaven Institution on August 10, 1975, on the first anniversary of Edward Nalon's death. In addition to a day of mourning, six prisoners took part in an eighteen-day hunger strike. In 1976, August 10 was recognized as a memorial day where prisoners would strike in opposition to the use of solitary confinement and to protest inmate conditions within the Prison System by going on a one-day hunger strike and refusing to work.

The Commission of Inquiry into Certain Events at the Prison for Women in Kingston was a Canadian inquiry headed by Justice Louise Arbour concerned with prisoners' rights and the treatment of federally-incarcerated women. The Commission's final report was released in 1996, and was dubbed the Arbour Report.

References

  1. 1 2 3 4 5 6 7 8 9 Martel, Joane (January 1, 2001). "Telling the Story: A Study in the Segregation of Women Prisoners". Social Justice. 28 (1 (83)): 196–215. JSTOR   29768065.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 American Civil Liberties Union. 2014. “Worse Than Second-Class: Solitary Confinement of Women in the United States.” Retrieved May 2, 2016 (https://www.aclu.org/sites/default/files/assets/worse_than_second-class.pdf).
  3. ↑ "FAQ". Solitary Watch. January 31, 2012. Retrieved 2016-05-24.
  4. 1 2 3 "Bureau of Justice Statistics (BJS) - Use of Restrictive Housing in U.S. Prisons and Jails, 2011–12". www.bjs.gov. Retrieved 2016-05-24.
  5. 1 2 3 4 5 6 7 8 Shaylor, Cassandra. 1998. “It's Like Living in A Black Hole: Women of Color and Solitary Confinement in the Prison Industrial Complex.” New England Journal on Criminal and Civil Confinement 385:390-420.
  6. 1 2 3 4 5 6 7 Bottos, Shauna. 2007. Profile of Offenders in Administrative Segregation: A Review of the Literature. Research Report No. B-39. Ottawa: Research Branch, Correctional Service of Canada.
  7. 1 2 3 4 5 6 7 Wichmann, Cherami and Kelly Taylor. 2004. Federally Sentenced Women in Administrative Segregation: A Descriptive Analysis. Research Report No. R-158. Ottawa: Research Branch, Correctional Service of Canada.
  8. ↑ Preasmyer, Amy (2014). "Together we can make a difference" (PDF). The Fire Inside (49).
  9. 1 2 3 Kerness, Bonnie; Lewey, Jamie Bissonette (2014-01-01). "Race and the Politics of Isolation in U.S. Prisons". Atlantic Journal of Communication. 22 (1): 21–41. doi:10.1080/15456870.2014.860146. ISSN   1545-6870. S2CID   143539266.
  10. ↑ Rojo, Misty (2014). "Solitary Torture in Women's Prisons" (PDF). The Fire Inside (49).
  11. 1 2 3 4 Martel, Joane (January 1, 2006). "To Be, One Has to Be Somewhere: Spatio—temporality in Prison Segregation". The British Journal of Criminology. 46 (4): 587–612. doi:10.1093/bjc/azl012. JSTOR   23639455.
  12. 1 2 3 Arkles, Gabriel. 2009. "Safety and Solidarity Across Gender Lines: Rethinking Segregation of Transgender People in Detention." Temple Political & Civil Rights Law Review 18(2):515-560.
  13. ↑ Virdi, Simran (Spring 2023). "Women in solitary confinement: improving California standards with international guidelines" (PDF).
  14. 1 2 3 Korn, Richard (1988-01-01). "Follow-Up Report on the Effects of Confinement in the High Security Unit at Lexington". Social Justice. 15 (1 (31)): 20–29. JSTOR   29766385.
  15. 1 2 3 4 5 6 Korn, Richard (1988-01-01). "The Effects of Confinement in the High Security Unit at Lexington". Social Justice. 15 (1 (31)): 8–19. JSTOR   29766384.
  16. 1 2 Whitehorn, Laura (2014). "Surviving Solitary" (PDF). The Fire Inside (49).
  17. ↑ "Stages of the SHU" (PDF). The Fire Inside (49). 2014.
  18. ↑ Margo, Schlanger (2013-01-01). "Prison Segregation: Symposium Introduction and Preliminary Data on Racial Disparities". Michigan Journal of Race and Law. 18 (2).
  19. ↑ Edney, Richard (2004-11-01). "To Keep Me Safe from Harm? Transgender Prisoners and the Experience of Imprisonment". Deakin Law Review. 9 (2): 328–338. doi: 10.21153/dlr2004vol9no2art247 . hdl: 10536/DRO/DU:30002825 . ISSN   1835-9264.

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