NEWS: New York State Agrees to Overhaul Solitary Confinement in Prisons

By Michael Schwirtz and Michael Winerip. Excerpted from the New York Times.

New York has agreed to a major overhaul in the way solitary confinement is administered in the state’s prisons, with the goal of significantly reducing the number of inmates held in isolation, cutting the maximum length of stay and improving their living conditions.

The five-year, $62 million agreement, announced on Wednesday, is the result of a lawsuit brought by the New York Civil Liberties Union over the treatment of inmates in solitary confinement in the prisons. For 23 hours a day, 4,000 inmates are locked in concrete 6-by-10-foot cells, sometimes for years, with little if any human contact, no access to rehabilitative programs and a diet that can be restricted to a foul-tasting brick of bread and potatoes known at the prisons as “the loaf.”

“This is the end hopefully of an era where people are just thrown into the box for an unlimited amount of time on the whim of a corrections officer,” said Taylor Pendergrass, the civil liberties union’s lead counsel on the case. “This will not be the end of the road for solitary confinement reform, but we really think it’s a watershed moment.”

NEWS: Historic Settlement Overhauls Solitary Confinement in New York

Reprinted from the New York Civil Liberties Union

December 16, 2015 — The New York Civil Liberties Union and New York State today announced a settlement agreement that will comprehensively overhaul solitary confinement in New York State — one of the largest prison systems in the country — and provide a framework for ending the state’s overreliance on extreme isolation. The agreement will result in the end of traditional solitary confinement for more than 1,100 people — one-quarter of the current solitary population — who will either be placed in alternative units or provided with less isolating, more rehabilitative conditions. The settlement is expected to reduce the solitary population even further by eliminating solitary confinement as punishment for all minor violations and limiting the duration of most solitary sentences, and it will abolish several of solitary’s most dehumanizing features altogether.

“New York State has recognized that solitary confinement is not only inhumane but detrimental to public safety and has committed to changing the culture of solitary within state prisons,” said NYCLU Executive Director Donna Lieberman. “No prison system of this size has ever taken on such sweeping and comprehensive reforms to solitary confinement at one time. Today marks the end of the era where incarcerated New Yorkers are simply thrown into the box to be forgotten under torturous conditions as a punishment of first resort, and we hope this historic agreement will provide a framework for ending the abuse of solitary confinement in New York State.”

The agreement comes as a result of the 2012 class-action lawsuit, Peoples v. Fischer, brought by the NYCLU with pro bono co-counsel Morrison & Foerster and co-counsel Professor Alexander Reinert of the Benjamin N. Cardozo School of Law, that challenged the system-wide policies and practices governing solitary confinement in New York State prisons. Solitary confinement is the most extreme form of punishment used in the United States outside of the death penalty and causes severe trauma, while also being linked to higher rates of recidivism and a reduction in public safety. The NYCLU’s 2012 report “Boxed In” showed that state prisons doled out thousands of extreme isolation sentences every year, with some prisoners serving terms of years or even decades in isolation. In 2014, the NYCLU and the Department of Corrections and Community Supervision reached an “interim” settlement agreement under Peoples that provided immediate protections to those most vulnerable to solitary’s most devastating effects, including youth, pregnant women and developmentally disabled prisoners, and committed the NYCLU and the state to working toward a global settlement agreement. The agreement announced today is the result of nearly two years of additional negotiations since the interim agreement, and will result in sweeping, systemic changes benefitting all incarcerated individuals, corrections staff and all New Yorkers.

“Solitary confinement is mental torture that I wouldn’t want anyone to experience,” said lead plaintiff Leroy Peoples, who served 780 consecutive days in isolation for nonviolent behavior after prison officials determined he filed false legal documents. “A major milestone has been accomplished today.”

“It isn’t just the people in the box who have been at risk,” said Sandy Peoples, Leroy Peoples’s wife. “These reforms are important for the families of incarcerated people.”

Under the agreement, the state commits itself to (1) reducing solitary, (2) limiting the length of solitary sentences and (3) increasing rehabilitative features in solitary and abolishing its most dehumanizing aspects. The agreement, which is expected to cost $62 million and is subject to court approval, contains the following major provisions, which must be implemented within the next three years and will be followed by a two-year monitoring period:

  • Removes more than 1,100 people from traditional solitary conditions and either moves them into rehabilitative units with common spaces and group programming or moves them to into other less isolating disciplinary units. These changes are designed to impact people trapped in solitary with the longest sentences, people with developmental disabilities, people in need of drug therapy or more comprehensive behavioral therapy, juveniles, and people who would otherwise be released directly from solitary to the street.
  • Restricts the circumstances that solitary can be imposed as punishment. Nearly half (42) of the 87 rule violations punishable by solitary – including drug use and drug possession — no longer allow solitary sentences for one-time violations. Petty violations — 23 out of the 87 violations – are no longer eligible for solitary confinement sanctions at all.
  • Requires de-escalation training of over 20,000 of Department of Corrections and Community Supervision personnel on how to diffuse situations before solitary becomes a consideration.
  • Imposes a maximum sentence for solitary confinement of three months for all but a handful of first-time violations such as assault and escape, and a maximum sentence of 30 days for almost all first-time non-violent violations.
  • Grants all people in solitary automatic early release for good behavior and participation in rehabilitative programming.
  • Provides for basic human needs for people in solitary, including access to telephone calls, reading materials and a shower curtain in shared cells, and abolishes the use of serving inedible food (the “loaf”) as a form of starvation punishment.
  • Commits the state to spend approximately $62 million on implementing terms of the settlement, including the conversion of traditional solitary blocks into more rehabilitative spaces with group dayrooms and outdoor space.
  • Establishes a robust monitoring regime to ensure compliance with the terms of the settlement, including quarterly reporting to the public.

“Today is a watershed moment, as New York moves beyond just shielding the most vulnerable and sympathetic from solitary and starts to address more difficult and fundamental issues that have allowed such a devastating and unsafe practice to become so common for so long,” said Taylor Pendergrass, lead counsel and NYCLU Senior Staff Attorney. “By addressing the use of solitary at nearly every level, this agreement puts New York on the path toward a system that embraces the reality that respecting human dignity and improving public safety are not in conflict, but are mutually reinforcing goals.”

A federal study released in December 2014 found that states that reformed solitary confinement found no decrease in safety inside the prisons, and that in some state prison systems, like Colorado, safety improved as fewer prisoners were subjected to solitary.

“For more than 100 years, it has been shown that extreme isolation causes serious harm while accomplishing little if any of the goals of a rational corrections system,” said co-counsel Alex Reinert, a law professor at Benjamin N. Cardozo School of Law. “This settlement puts New York on the right path, one joined by an increasing number of states and localities.”

“To their credit, New York officials recognized the vast overuse of solitary confinement in the corrections system and came to the table with an appetite for reform,” said Jennifer K. Brown, co-counsel and Senior pro bono counsel, Morrison & Foerster. “Our firm was honored to play a part in the negotiations that led to this historic pact and will be vigilant with our co-counsel in monitoring the implementation and impact of this agreement. We commend New York corrections leaders for tackling this issue head-on and committing to the hard and complicated work necessary to reduce solitary – work that will improve everyone’s safety, in and outside prison, in the long run.”

“I’m thankful that the problems of solitary confinement are finally being taken so seriously,” said plaintiff Dewayne Richardson, who was sentenced to 1,095 days in isolation for nonviolent behavior after prison officials determined he filed false legal documents. “And with these changes in place, I hope that people like me will now have a better chance at being productive citizens after we leave the system.”

“For the months that I was locked up and forgotten about in solitary, I have been working with the NYCLU to bring about today’s reforms,” said plaintiff Tonja Fenton, who was given three solitary sentences for non-violent conduct. “I hope that today New York can finally begin to find its way out of the box.”

In addition to Pendergrass, NYCLU staff who have worked on the case include Christopher Dunn and Philip Desgranges.

The Morrison & Foerster team, led by David Fioccola and Jennifer Brown, also includes Kayvan Sadeghi, Daniel Matza-Brown and Adam Hunt.

NEWS: State Inmates in Solitary Confinement Surpass 4,000 Despite Vows to Limit Use

By Keri Blakinger and Reuven Blau. Reprinted from the New York Daily News.

nysolitaryThe number of state prison inmates tossed in solitary confinement has surpassed 4,000 for the first time in three years, despite vows by officials to limit its use, the Daily News has learned.

And prison advocates say there’s been an increase since this summer, due in large part to backlash from correction officers after the June escape of Richard Matt and David Sweat from the Clinton Correctional Facility upstate.

In response to a federal lawsuit, state correction officials announced in February that they would reduce the use of solitary confinement for pregnant inmates and prisoners under 18. The reforms also included limiting the punishment to 30 days for convicts with developmental disabilities.

Initially, there was a sharp drop.

The number of inmates in solitary confinement fell to 6.8% of the total inmate population on June 1, state records show. The 3,621 prisoners in solitary that month marked the lowest total in at least the last three years.

But it suddenly spiked by almost 300 inmates in July, bringing the percentage to about 7.4% of the state’s total prison population. By September, the number of inmates in solitary surpassed 4,000 for the first time since 2012, records show. On Tuesday, there were 4,029 inmates in solitary, documents show.

“What’s so disturbing is that it has taken years to get some small change … and that got swept away in three months,” said Jack Beck of the Correctional Association, one of the nation’s oldest inmate advocacy organizations.

Prisoner advocates contend the 23-hour-per-day punishment is too harsh and inflicts long-term emotional and physical damage — especially to teens.

Correction officers from across the state were pulled off their regular posts and used in the hunt for fugitives Matt and Sweat. Authorities noticed they were missing on June 6. Matt was shot and killed by state police on June 26; Sweat was wounded and arrested on June 28.

“The escape became very personal,” Beck said.

“We were getting phone calls all the time about people expressing problems,” he added, referring to prisoner pleas for help.

Tom Mailey, a prison spokesman, said there’s been a 23% decline in the number of inmates placed in solitary from 2012 until the first quarter of 2015. The number of solitary “dispositions” and the net length of time served in isolation cells have gone down over that time period.

Department officials say the solitary confinement figures don’t include the context of increased assaults on correction officers. And they say the prison population now includes fewer non-violent prisoners and more dangerous convicts. Those prisoners are more likely to attack officers or other convicts and get sent to solitary.

NEWS: Model Cell Teaches New Yorkers About Solitary Confinement and the HALT Act

Read the article on Fusion.

Watch the video here:

NEWS: NY Activists Urge End to Solitary Confinement

By Alyssa Pagano. Reprinted from Juvenile Justice Information Exchange.

Solitary-Confinement-2-1170x878NEW YORK — Correctional officers brought Tama Bell’s mentally ill son to the brink of suicide for throwing a rag on a table, she says.

Bell’s son, Masai, was at Mid­-State Correctional Facility in Marcy, N.Y., in 2014 for a psychiatric evaluation and had gotten a job there. Inmates and officers were making fun of him when he was cleaning tables and told him to redo it, she said. He grew resentful of their prodding, threw the rag on the table and walked away.

The officers then made the other inmates leave the room. They beat him up, Bell said, and sent her son to solitary confinement for 23 hours a day at Auburn Correctional in Auburn, N.Y. He stayed there, wallowing for three months. By the time he entered his second month of 23-hour-a-day solitary, he started talking about suicide, she said.

Masai has bipolar disorder with psychotic features, but he had never talked of ending his life before. That is why Bell was one of about 15 organizers who took to the streets Wednesday hoping to draw attention to this practice so they could help hasten its end across the state.

“I believe that even if you weren’t mentally ill when you went in, you will be when you get out,” Bell said.

Inmates in solitary confinement often spend 23 hours a day alone in their cells, so the New York Campaign for Alternatives to Isolated Confinement (CAIC) holds rallies on the 23rd of each month to draw attention to that number, which they call state-sanctioned torture.

Late Wednesday afternoon, a small crowd gathered outside the Gun Hill Road subway station, near the intersection of White Plains Road, a major commercial stretch in the Bronx. They held large painted signs and used a megaphone to send a message to residents heading to the train during rush hour, but one they also hope will reach the state house in Albany.

As the sun set Wednesday evening, they passed around the megaphone, enthusiastically chanting and sharing their stories with whoever would listen. Their chants competed with the sound of trains intermittently clanking on the tracks overhead and the hiss of buses unloading passengers. The group passed out flyers and tried to talk to people.

 

Many of the members out that day had experienced isolated confinement themselves when they were incarcerated. The protesters said it was an unjust practice. They warned about the harm isolation can have on an inmate’s mental health.

“It was torture, ultimately,” said Craig Williams, a 33-year-old campaigner and former inmate. He spent eight and a half years in prison, three months in solitary.

“One thing I hated the most [about solitary] was only having three showers in a week.” He described how demoralizing it felt to smell his own stench and have no control over it.

Once Williams got out of solitary, he joined the Bard Prison Initiative. He read Plato’s “The Republic” and studied anthropology, giving him a more critical perspective on his situation.

“That helped me understand the whole structure and helped expose me to the conditions I was in,” he said. He thought about how to work within the system and stay out of solitary.

“It’s hard to avoid,” Williams said. “I would just dodge the officers. They pick and choose what they want to do.” They might give you a ticket if your shirt isn’t tucked in, he said, or they might untuck your shirt and then give you a ticket for not having your shirt tucked in. Williams now works as the outreach manager forPhoto Patch Foundation, an organization that connects children to their incarcerated parents through photo sharing and letter writing.

While walking to his train, Jimmy Jackson passed by the rally and took a flier. He was once incarcerated himself, back in the 1980s.

“There’s some people who have to be separated” from the rest of the prison population, Jackson said. “They can be a danger.”

Jack Beck, director of the Prison Visiting Project for the Correctional Association of New York, agrees to an extent.

“You can separate people if there’s security need, but you don’t need to isolate them,” he said.

This is largely the difference CAIC seeks to define through supporting the Humane Alternatives to Long-Term Solitary Confinement Act.

The protesters said they see the HALT Act as a comprehensive bill that would go a long way toward changing the system. It would limit the amount of time an inmate can spend in isolated confinement to no more than 15 consecutive days, and no more than 20 days total in a 60-day period.

The HALT Act would also provide alternatives to isolated confinement, such as therapeutic rehabilitation. It is now with a state Senate committee.

The organizers of Wednesday’s event called on Gov. Andrew Cuomo and the state’s acting commissioner of the Department of Corrections, Anthony J. Annucci, to support the legislation.

“They have the power and authority to turn away from the torture of solitary confinement and move towards more effective and humane approaches right now,” said Jared Chausow, campaign coalition member.

Masai was originally incarcerated for violating a felony probation, Bell said. That meant he was supposed to attend regular mental health appointments, and he did not comply. After two and a half years of incarceration, her son came home this year on Sept. 4. The prison, she said, provides minimal mental health support for this transition, and Tama continues seeking better treatment for her son.

NEWS: Solitary Confinement Is Torture, Activists Say

By Karen Rouse. Reprinted from WNYC.org.

bronx rallyMore than a dozen activists with the Campaign for Alternatives to Isolated Confinement – a group that opposes the practice of solitary confinement in prisons and jails – rallied on behalf of inmates on Sunday, seeking support for legislation to end a practice they say is inhumane.

Scott Paltrowitz, an associate director with the Correctional Association of New York, said solitary confinement, in which inmates are kept alone in a cell for 23 hours a day, for years – with no physical contact with other inmates, or even guards – can cause psychological damage. He said CAIC is one of many groups across the nation seeking restrictions to the practice, such as limiting solitary to no more than 15 consecutive hours at a time.

He said inmates who are violent can be separated from the general population without having to endure years of isolation.

The group plans to rally on the 23rd day of each month at different locations, to bring attention to the 23 hours a day inmates in solitary spend alone.

Click here to listen to the radio story.

VOICES: A Second-by-Second Attack on Your Soul

By Johnny Perez. Reprinted from Solitary Watch.

The following is a collection of excerpts from an interview with Johnny Perez, who went to prison at the age of 21 and served a total of 13 years in various New York City and State facilities. He spent an accumulated three years in solitary confinement, with his longest consecutive stay being ten months. Since his 2013 release, Perez has been working at the Urban Justice Center as a Safe Reentry Advocate. He is a full-time student at St. Francis College of Brooklyn through the post-incarceration program Hudson Link and is also involved in various advocacy groups such as the Jails Action Coalition (JAC) and New York Coalition for Alternatives to Isolated Confinement (CAIC). — Hallie Grossman

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johnnyperez2

Photo credit: Allegra Abramo

The cell itself is very small, very quiet. Sometimes it gets so quiet that you can hear your own heartbeat. It also can get so loud from the noises and sounds that the other men in other cells make. You find yourself going to sleep to the cacophony of different voices. In the summer, it gets real hot, so hot that the walls sweat. Sometimes, it gets so cold that you have to try to cover yourself with as many blankets and sheets and wear pants and shirts to bed. I’ve been in cells where I could touch both walls with my hands if I stretched my hands out…It could be claustrophobic at times.

[There is] no interaction whatsoever with other humans. The officer comes by every hour, and even then there’s no contact, no talking, no communicating, not even any eye contact in extreme cases. The last meal is at four-thirty in the afternoon with the next meal being at six o’clock in the morning. If you’re not standing wide awake, by your door, when the officer walks by, you don’t get a tray.

[In terms of communicating with people in other cells,] you can stand by your door and yell at the top of your lungs, and somebody in another cell could hear you. There’s definitely no face-to-face contact, communication, that kind of thing, where you could read somebody’s body language. I was playing chess with a guy for months, and I never knew what he looked like…As far as contact with the outside world, you can write a letter, but there are no phone calls. If your family doesn’t come visit you, then you don’t get no visits…Even on a visit, if you’re on level one, you go on the visit and they don’t uncuff you.

[Solitary confinement] affected me in a number of ways at different times. As a youth—because I did some solitary time as a teenager—it affects your self-esteem, it affects your self-confidence and the way that you see yourself. It makes you aggressive, it makes you angry, it makes you impulsive, it makes you an introvert…There were times when I contemplated thoughts of suicide, though I never voiced it out loud. I tended to internalize a lot of the oppression…Sometimes, officers tell you, “Hey, you ain’t shit! This is you, this is your life, you’re nothing but a criminal.” Hearing that once or twice is nothing, but hearing that day in and day out for months at a time, you start to say, “Damn, you know what, maybe I ain’t. Maybe I’m not good enough. Maybe I am what they say that I am.”

As an adult…my behavior was more reactionary towards others…I remember hating all authority figures, no matter who it was. Supervisors, officers, judges, lawyers, just hating the entire world, you know? So a lot of that was more outward, versus when I was a teenager, it was more self-directed.

So, when I got out, it wasn’t easy at first. Thank God I wasn’t released directly from solitary to society, as some of my friends have been. But I was released in 2013, and 2011 was the last time I was in the box, when I went to Rikers Island. They dropped me in the middle of 42nd Street Times Square, after being gone for 13 years. And there’s these flashing lights, there’s people, there’s, like, Elmo is fighting the Statue of Liberty. There’s the guy with the sign that says, ‘I need money for weed,” there’s all of these lights, these cameras, these big billboards, and it’s overwhelming. It’s very, very overwhelming. All these yellow cabs, and these cars going back and forth. When I got off the train, I hadn’t crossed the street in 13 years…so I’m standing there with all the crowds of people going back and forth, and I’m just standing there, to just take in the scene. I spent maybe half an hour or forty-five minutes just standing.

I learned that with solitary—or even prison, but more like solitary—it’s a second-by-second attack on your soul, where every second is spent thinking about the next second, and that just makes the day so long. You try to sleep it off, but sometimes too much sleeping drives you to be awake for long periods of time…You don’t do solitary time, you survive solitary time. And I know this to be true because some of my peers did not survive solitary time. They’ve either left psychologically different than when they came in, or committed suicide.

A lot of injustices go on in solitary, mainly at the hands of officers who might put people together who are from opposing gangs, opposing height and weight, things like that, as their own little human cockfights. They stand at the door and they bet on who’s gonna win. They might say to the guy inside the cell, “If you beat him up, I’ll give you an extra tray of food,” things like that, you know, very barbaric, very dehumanizing.

It’s real difficult to get out of solitary confinement because every ticket that you catch while you’re there leads to more box time. So, it’s not uncommon to find someone who was sentenced to thirty days, or even ninety days, tested positive for marijuana or any other drug, and then end up in there for years at a time, accumulating numerous tickets while they’re in there. Something as simple as using your sheet as a shower curtain at Upstate CF could get you another thirty days in there.

From an advocate point of view, I would say that as a nation, we cannot keep victimizing people to teach them that they shouldn’t victimize people. It’s like the death penalty: We kill people to teach them not to kill people. It doesn’t make sense. We have to be careful about becoming the cure that is worse than the disease.

NEWS: New York Activists Join Nationwide Actions Against Solitary Confinement

Several months ago, activists in California began a series of actions opposing the torture of solitary confinement, held on the 23rd of each month to mark the 23 hours a day that people spend in isolation while in solitary. This month, they were joined by others around the country. In New York City, dozens of activists from the New York Campaign for Isolated Confinement, including several survivors of solitary confinement, rallied in Union Square, spoke out against solitary confinement, and handed out information and collected petition signatures in support of the HALT Solitary Confinement Act. The rally was captured in the following news report.

VOICES: Injury x Insult

By Geri Irwin. Reprinted from Solitary Watch.

The following is a compilation of writings by Geri Erwin, who is serving 25 years to life on a second-degree murder charge. Erwin is a transgender woman involved in various facets of activism regarding sexual assault in prison, as well as just treatment of incarcerated individuals who are on the LGBTQIA+ spectrum. She began her activism at 13, and she continues to advocate from New York’s Southport Correctional Facility, where she has spent time in solitary confinement. – Hallie Grossman

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Most everyone has the essence of a prison cell in their mind: 6 ’x 9’, bars, bed, sink, toilet, light, locker, bikini-clad pin-up pasted on the wall…

But that is like saying we all know the essence of a house – 4 walls, roof, door or two, same windows…then we all know there are many variables in houses, what they were like when they were new, what condition they are in now, and, most critically, as the real estate people will sing in chorus: “Location, location, location!”

Like much in life, jails and their subcomponent cells depend upon the perception of the occupant. When one is fresh and new to prison, everything will look, sound, and feel more foreboding and scary than it really is; this is when you’ll take that eternally long walk through a surreal environment. So many foreign sights and sounds, but it’s all sort of a blur, anxiety expanding in your chest like a steam boiler peaked to explode at any moment. Then suddenly you’re there. Just the briefest impression of the cell front bars – 6 feet high 6 feet wide – two feet or so slides to one side and you’re inside…

This is where you live now…

The cells don’t vary much from one to another. In the end, it is you who makes the cell different from the next, and over time you change – for better, for worse, it doesn’t really matter – you are who you are and the prison is what it is.

I am a 48 year-old, white, male-to-female (pre-op) transgender prisoner. I’m 20 years into a 25 to life sentence.

Life as a transgender person is complicated with a capital “C.” Think of being, say, Anna Kendrick trapped in Bruce Willis’ body. I am 5’10”, 225 pounds with broad shoulders and an overall masculine appearance. I can, and most often do, “pass” as a straight white male – though my sisters and brothers under the LGBTQI rainbow know better, often with as little as initial eye contact…

For 17 years I was blessed to continue my practical, yet patently cowardly, closeted lifestyle. Then my luck ran out. Keen predators had sniffed me out. Through anti-gay hate or morbid desire, I was targeted for attack.

I was jumped by three gang members. While I fought, I was quickly beaten to the shower floor. Cold, hard, wet, slippery—kicked and incapacitated. So fast, with a kaleidoscope of images and thoughts swirling in my overwhelmed mind—a core screaming alert siren blares in my brain:

I can die here—now!

Weapons—do they have weapons?!

I compress into myself, anticipating icy flare of pain when a steel or sharpened Plexiglas shank rips into me. I’ve been cut and stabbed before—I know what it feels like.

But now, no weapons—not homemade, anyhow. What comes is different, worse.

The leader seizes me around waist while another grabs my shoulders. I struggle but am spent, helpless. I’m not processing what’s unfolding. Even as the leader yanks down my boxers and begins raping me, I just can’t believe and accept that this is actually happening, happening to me. All this through a disorientating filter of disbelief.

Yet it’s all too real. The taunting, the harsh manic laughter as the leader continues to thrust into me. The one immobilizing me from the front has his erect penis in my face – trying to get me to perform oral sex. When I won’t comply, he strikes me in the head and face more. Frustrated he settles for masturbating and ejaculating into my face, smearing his semen-coated penis between my lips, against my teeth and gums. Determined to somehow penetrate, inject some of his essence into his victim.

This crowning act of defilement prompts more laughter. I feel the last thrusts and burning, stinging surge as my rapist reaches his climax: Semen hot and alien inside me. Flash of new and different pain as he withdraws from me. They deliver a final flurry of kicks to my sides and back and melt away. Leaving me lying limp, used up—like a bag of garbage…

I gather myself up, assessing injuries, but focus on cleaning the blood (mine) and semen (theirs) from my body. I wash and scrub under shower spray frantically trying to think how I can get back to my cell without COs noting I’ve been in an incident. I dress and limp my way through recreation yard, trying to be inconspicuous. But an alert CO notes blood seeping fresh on my face. Snatches me up and escorts me to the facility hospital.

The evidence of rape is quickly noted. Blood and semen-stained boxers confiscated as well as painful and humiliating swabs (of rectum and throat). I am given minimal medical treatment, no X-rays. The staff takes the rest of my clothes. I am forced to leave wearing only small towel wrapped and held around waist (too short to tie). I am escorted in this manner to Involuntary Protective Custody (IPC).

I am not provided with any further or follow-up medical care. Instead I am issued tickets (misbehavior reports) for:

  1. Not reporting an injury
  2. Drug use – positive for marijuana (yes, I do in fact use marijuana)

Given a perfunctory hearing on charges, I am sentenced to 30 days keeplock for the first charge and six months SHU for the second charge.

For the next two months, I sit in isolation with no staff interview, no further medial follow up. I am then put on transfer to Upstate CF (a dedicated SHU facility).

NYDOCCS rarely transports prisoners directly to the destination facility. One or more transit stops, with overnight to several day stays involved. At a layover stop, I am escorted by a staff member, handcuffed behind by back. I am directed into small room and sit on bench. The staff member closes the door, makes some reference to the rape incident, exposes his semi-erect penis and, standing in front of me, tells me to “polish his knob.”

I am absolutely shocked, but recover enough to bluff. I tell him he’d better just “pull the pin” (personal alarm). He backs off, rezipping his pants, trying to play it off as if he were just “joking” with me. No sane, rational person would believe these actions as a mere “joke.” Had I complied, that act of oral sex would just have been a bonus for a predatory staff member.

I arrive at Upstate CF exhausted, stiff and stressed out. A sexual abuse incident followed by an eight-hour bus ride with handcuffs attached to my waist, chain, shackles…

As a trans woman in prison I always feel some level of threat/danger, but being held in Upstate CF SHU, I never knew if they would put another prisoner in (double cell) with me – policy is policy, but I’m not even “registered” LGBTQI, for their classification purposes (not that my identity is a secret to staff). I struggled to overcome fear of being forced to double cell with stranger, a potentially violent homophobe or my next rapist… Recovering from one rape, an attempt of a staff member to coerce oral sex from me while handcuffed—the unknown is the scary thing, whether day or night.

I spend my entire time in this SHU wondering if they will toss in a cell mate at any given time – forcing me to try to live/sleep with stranger, and potential next sexual predator, locked in this isolated space.

There is very little staff/prisoner interaction, and when there is you are forced to try to yell through plexiglass window, making communication difficult and negating any shred of confidentiality.

I try several times to get mental health staff to put me on call-out for interview, help with after effects of sexual assault, but with no success. I pursue follow-up medical care and STI testing, finding, to my surprise, that reports and documentation of the sexual assault incident do not exist. The medical report in the file states, “Inmate fell, in yard,” then goes on to detail injuries inconsistent with a “fall” and some unique to sexual assault (perhaps patient fell, and landed on erect penis….).

I am now stating, to them, an initial report of sexual assault. This spurs a Kafkaesque Groundhog Day sequence of fresh interviews by security staff every time “sexual assault” is mentioned. Yet each is either not documented, or inaccessible to the next interviewer. On the whole, these interviews are conducted in an insensitive and dismissive manner. One I terminated when the questioning appeared more to fill a need for titillation of the interviewer than legitimate purpose…

When I was finally given interview with mental health unit staff, I was told that: “I wouldn’t be at this facility long enough to be worth their time/effort to open case on me…”

I have once again been transferred to another general population facility. It is quite challenging and disorienting re-acclimating to the “normal” prison routine. From 23 hours a day in a cell for 18 months to scurrying all over jail – expected to keep pace with prisoner peers, most half or less than my age. There is no type of “transition program” or consideration given to this adjustment period. Perhaps this is an unwritten” part of SHU punishment.

VOICES: Cycles of Despair

By Anthony Davis. Reprinted from Solitary Watch.

The following essay was written by Anthony Lamar Davis, who has spent approximately six of his past eleven years in prison in solitary confinement in New York’s “Special Housing Units,” or SHUs. In 2008, New York passed a law restricting the use of solitary on people with serious mental illness. The “SHU Exclusion Law” has removed several hundred people from isolation and placed them in alternative mental health units. It has also been criticized for being too narrowly focused and easy to circumvent. Here, Davis points out an additional shortcoming of this and all laws and regulations that focus only on people with an underlying mental health diagnosis. As he notes, solitary confinement itself causes such severe psychological damage that it often renders individuals incapable of functioning effectively in the general prison population. Thus begins a vicious cycle in which such individuals, who receive little or no support making the transition to general population, land back in solitary once again. Anthony Davis welcomes letters, and can be reached at: Anthony Davis, 04-A-3293, Green Haven Correctional Facility, P.O. Box 4000, Stormville, New York 12582-4000. 

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I have noticed how Politicians and prisoners’ rights advocates have been advocating for changes in how the Department of Corrections and Community Supervision handles prisoners in long-term solitary confinement. There has been an outcry from these groups regarding the lengthy amount of time being imposed on those sanctioned to solitary confinement, the treatment of prisoners, and the psychological effects of long-term solitary confinement. As a prisoner who has spent a substantial amount of time in long-term solitary confinement, I obviously am an advocate of anything that limits the amount of time that a prisoner has to be subjected to extreme isolation.

I am a witness of its torturing ways and have been greatly affected by them. I’ve screamed for help, only to be ignored, and, in some cases, laughed at by the very people who I have asked for help. Unfortunately, the prison culture doesn’t provide the necessary tolerance for people with mental illness, so, I have been alienated by both, the prisoners as well as the authorities and that gives me a sense of hopelessness and loneliness, which enhances my psychological reactions which derived from spending years in solitary confinement.

The extreme sensitivity that I have been experiencing as a result of being isolated for substantial amounts of time has increased my rage. I often find myself wanting to hurt people for minor things – and had I not been in solitary confinement, I am confident that I would have done just that. With me, there is no frustration; only raging anger. I was not like this prior to me being placed in solitary confinement, and that is scary because the types of thoughts I have when I am angry are not conducive to my desire to do well and remain positive.

What’s more is that the inability to control myself could have disastrous results. Solitary Confinement has made me impulsive to the point where I have begun to feel like I am fighting a war with myself. The understanding I have for what extreme isolation has done to me is not necessarily advantageous towards me fighting the psychological damage. What it does is creates two versions of myself: On one end, I try to fight the other version of me, which is the one who has succumbed to what the results of long-term solitary confinement has to offer. I try to use the power of knowledge and information to fight these demons, but it’s the other version of myself who wins out usually. It becomes difficult for me to apply the information that I have researched because my mind has already been manipulated by the effects of extreme isolation.

For every time that I have been subjected to extreme isolation, my mental health deteriorated upon my release back into general population, and the more I am subjected to that type of inhumane torture, the worse I become. For example, just this past April I was reintegrated back into general population after an eleven month stint in solitary confinement. While in solitary confinement, I realized that I had completely lost control of myself and had basically become a walking time bomb ready to explode at the slightest provocation. I even suggested to my therapist that I be given more time in solitary confinement because I knew that I was not ready to be reintegrated back into general population. Of course, there was no way that he could accommodate my request, but the point is that I understood the mental metamorphosis that was occurring in me and I feared that I would end up doing something that could possibly jeopardize my life and freedom – which goes back to me fighting a war with myself because a part of me wants to live and be free, but another part of me wants to die and be free.

Almost immediately upon my reentry into general population I felt out of place; like I didn’t belong. I exhibited anti-social behavior along with a very negative attitude and aggressive behavior towards both prisoners and correction officers. The proverbial time bomb had begun ticking and there was no chance of defusing the potential explosion. My pleas for help from mental health staff during my time in solitary confinement went unanswered and what I was experiencing was the results of those unanswered pleas. It was as if I was ready to unleash all of my frustration at any moment on anybody. Not to mention, the fact that there was a lot going on in my personal life between my children and I, and being that I was psychologically damaged from spending time in a long-term solitary confinement, my whole perspective had changed. So I could not even evaluate the situation with my children in a logical manner. I responded to everything with rage and fury

As of today, I have been placed back in solitary confinement resulting from a physical altercation between myself and the authorities. I was not the aggressor in this incident, but I do believe that my negative attitude had contributed to me being assaulted. Unfortunately I was unable to adjust to general population and I am now back in the place where the foundation of my psychological damage derived from after only about five months in general population. During my brief stay in general population, I expressed to my therapist countless times that I was having a difficult time adjusting and needed help. Though I had not known what it was exactly that I needed help with. I did know that something was going terribly wrong inside of my mind because, not only did my way of thinking change but so did my behavior.

But with all of these programs put in place for solitary confined prisoners who have been diagnosed as having a serious mental illness (i.e., Residential Mental Health Unit, Special Treatment Program, Behavior Housing Unit, and Correctional Alternative Rehabilitation), I have to wonder what happens to the prisoners such as myself who suffers from the psychological effects of being in long-term solitary confinement. It is apparent that there is no regard for prisoners like me, so when we are done with our time in solitary confinement, we are thrown back into general population and basically told not to get into any more trouble without regard for the psychological damage that has affected us associated with extreme isolation.

So it becomes a cycle; each turn more severe than the previous one, meanwhile, the time spent in long-term solitary confinement increases as my mental health deteriorates. No one seems to care about the difficulties of adjusting to general population despite the vast amount of people who claim to understand the psychological effects of long-term solitary confinement. I can only hope that my pleas are heard and some type of action is taken before it is too late.

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