California must cut down on solitary confinement

Throughout the pandemic, there were constant reports of the mental health crisis emerging out of the mandatory quarantine. Many of us found ourselves experiencing burnout from isolation. Not having the ability to hug our loved ones, attend regular activities and remaining confined to our homes was enough to push some people over the edge. Even now, many people are still trying to recover and feel normal again.

We all got a taste of what isolation can do to a person, but to the hundreds of thousands of people living behind bars and under the constant threat of extreme isolation, we’re the lucky ones. When we stop to think about the impact of quarantine on the state of humanity, it’s no stretch of the imagination to picture solitary confinement as one of the cruelest ways to punish someone. Many countries around the world have already classified it as torture, but here in California anyone serving a sentence can find themselves subjected to an empty room the size of a parking stall, with no interactions, and no sunlight for months or even years at a time.

Correcting criminal behavior should never come at the expense of our ethics. There is no grand lesson in stashing someone away in solitary confinement. It is in no way, whatsoever, “correctional.” What it does do is cause extraordinary and sometimes irreversible destruction to the human psyche.

Last year, Gov. Gavin Newsom vetoed my bill Assembly Bill 2632, The Mandela Act, which defined solitary confinement as a person being held in a cell for 17 hours a day or more and limited the use of solitary confinement to 15 consecutive days, or 45 days total in any 180-day period, along with other reformative steps.

His veto message expressed concerns that the bill, being too broad, may promote standards that would not protect the staff and other incarcerated individuals. This year, I have reintroduced the bill with amendments that specify who is at risk and how we can begin to make meaningful change as it relates to extreme isolation.

I introduced Assembly Bill 280, The Mandela Act On Solitary Confinement, to offer alternatives to solitary confinement and place protections around some of the most vulnerable incarcerated persons including pregnant women, the elderly and individuals with severe disabilities. The misuse of solitary confinement in California prisons led to a legal action filed in 2012, when California prisons held nearly 10,000 incarcerated individuals in solitary confinement, including 1,557 who had been there for 10 years or more. Moreover, the use of solitary confinement is often arbitrary and disproportionately affects marginalized communities. People with mental health issues, those who identify as LGBTQ+, and people of color are more likely to be placed in isolation. This practice perpetuates systemic inequalities and contributes to the cycle of recidivism.

Recently, Gov. Newsom has made significant strides on prison reform with efforts to dismantle death row and a $20 million investment into the transformation of San Quentin, California’s most high-profile state prison. AB 280 supports the path we’re already on as a state with dramatic but necessary changes.

My legislation lays out alternatives to solitary confinement in the case of those who may be a danger to themselves or others within a correctional facility by requiring that anyone who is removed from the general population is not isolated or cut off from all social contact. They can be held separately, but must have access to social settings and must be allowed out of their cells.

It’s important to recognize that solitary confinement is not exclusive to prisons. The practice is used in immigration facilities, and if signed into law, The Mandela Act On Solitary Confinement would make California the first in the nation to pass prison reform that includes immigrants in private detention facilities.

At the end of the day, this is about putting humanity first and giving people a fair shot at reform.

Remaining complacent on the issue of solitary confinement won’t bring us any closer to a more just society.

It’ll continue to stain our reputation as ethical leaders and steer future generations to question our values as they strive to build toward a more progressive society.

Chris Holden represents California’s 41st Assembly District.