Limits for solitary confinement?

Several bills related to solitary confinement are being considered this month by the House Criminal Justice and Public Safety Committee.

HB 1311 would limit the use of solitary confinement to periods of less than 6 weeks, and allow it to be used only in cases where the behavior of an inmate makes him or her a danger to themselves or others. The bill also prohibits the use of solitary confinement for minors or those with serious mental illness or impairment.

HB 1507 enacts similar policies, with the difference that solitary confinement is limited to periods of 4 weeks. The bill also allows that the practice may be used for those with mental illness or impairment for up to 48 hour periods.

Supporters of setting strict limits on the use of solitary confinement argue that the practice can constitute cruel and unusual punishment for those who are mentally ill or impaired. They also note that allowing prisoners to interact and mingle with others has been shown to ease the transition upon being released and reduces recidivism. Solitary confinement is also expensive, so limits would help control costs.

Those opposed to such limits argue that Department of Corrections personnel are best able to judge what measures are necessary for the safety of inmates and should not be subject to restrictions that may not be appropriate for specific prisoners. Others add that solitary confinement can be a useful and safe disciplinary tool and means of preventing prison violence.