Prison Reform

Prison Reform

A controversial aspect of the criminal justice system is how people are treated while in prison. Two areas in which reforms have been proposed by Members of Congress are solitary confinement, and the rates which prisons and jails charge for phone calls.

Solitary confinement is a tool often used by prison staff to protect the safety of the prisoners and the staff, as well as to punish people in prison who violate both serious and minor rules. The use of solitary confinement has been controversial for a while, as it can cause severe and long-term mental health issues. The United Nations and other human rights organizations have called on the US to create national standards to severely curtail its usage.

Over the last several years, states have put in place restrictions on the use of solitary confinement in state prisons and jails.

Following this, Members of Congress have introduced proposals to restrict the use of solitary confinement nationwide, by limiting the reasons for which it can be administered, and the length of time a person can be kept in solitary. These proposals have appeared in:

Restricting the Use of Solitary Confinement Act by Rep. Bonnie Watson-Coleman (H.R. 8155)
Solitary Confinement Reform Act of 2019 by Sen. Dick Durbin (S. 719).

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	Require that solitary confinement only be used for the prisoner’s own safety or for punishment for serious violations, for no more than 30 days in a row or 40 days in a two-month period Survey: PPC, February 2021 Respondents were presented two proposals for restricting the use of solitary confinement, and asked to choose which proposal was their first choice, or if they favored neither proposal: Limit the use of solitary confinement only for safety reasons, and to no more than 15 days in a row or 20 days in a two-month period Limit the use of solitary confinement only for serious violation or safety reasons, and to no more than 30 days in a row or 40 days in a two-month period The proposal to use solitary confinement only for safety reasons was chosen by 28%, including 13% of Republicans and 40% of Democrats. The proposal to restrict solitary confinement so it is used only as punishment for serious violations was chosen by a majority of 58%, including a large majority of Republicans (71%) and 50% of Democrats. Just 10% chose neither proposal (Republicans 12%, Democrats 7%). In total, 86% favored at least restricting the use of solitary confinement as punishment only for serious violations, including 84% of Republicans and 90% of Democrats. More Details Briefing Respondents first received an introductory briefing to the use and effects of solitary confinement in the United States: As you may know, solitary confinement is when a prisoner is kept in a small cell by themselves for 22-24 hours a day, with no outside contact or communication, or participation in prison activities. Some of the reasons that prisoners are put in solitary confinement are because: they have been violent or threatened violence they have committed serious violations that do not entail violence such as possessing a weapon or drugs, or trying to escape they have committed minor violations, such as using profanity or smoking in an unauthorized area they are seen as having the potential to harm themselves they have committed any action that prison officials view as threatening the safety and security of the prison On any given day, around 70,000 people are in solitary confinement in state and federal prisons. About 20% of all prisoners spend some time in solitary confinement each year. This can be for as little as a few days or as long as several decades. Most spend more than three months in solitary confinement. About 10 percent are in for three years or more. For some time, human rights organizations and the UN have called for limits on the use of solitary confinement. A number of studies have shown that prisoners who are put in solitary confinement are more likely: to become mentally ill, including developing depression, paranoia, and anxiety to have an existing mental illness become worse to attempt or commit suicide Effects have been found, in a substantial number of cases, to be long-lasting, extending beyond the period of imprisonment. They were then told informed of the current laws concerning the use of solitary confinement, as follows: Right now, there are no federal limits on the use of solitary confinement by state or local prisons. Eight states have passed laws that limit the reasons for which a prisoner can be put in solitary confinement, and for how long. All other states leave it to the discretion of the prison’s warden. Respondents were then introduced to two different proposals, and heard an argument in favor of each, as well as an argument in favor of keeping the current system. The First Proposal Solitary confinement could not be used for punishment. It could only be used for safety reasons and for a short period of time. Here is more detail: Solitary confinement could only be used when a prisoner has committed an act of violence or prison officials have made the judgement that the prisoner poses a serious threat to others or themselves, and a less restrictive intervention would not be adequate. The prisoner would receive a regular medical and mental evaluation by a medical professional to determine if the isolation is having harmful effects. If so, the confinement will be stopped. In no case would it be more than 15 days in a row or 20 days in a two-month period. The Second Proposal Solitary confinement can be used, not only for safety reasons but also for punishment for serious violations and for a limited period of time. Here is more detail: Solitary confinement could not only be used when the prisoner is violent or poses a serious threat to others or themselves in the judgement of the prison officials. It could also be used as a punishment when a prisoner commits a serious violation of regulations, like possessing drugs or weapons, or trying to escape. Confinement for disciplinary purposes would be limited to 30 days in a row, but not more than 40 days in a two-month period. Arguments Respondents evaluated an argument in favor of the first proposal, an argument in favor of the second proposal, and an argument against both (in support of keeping the status quo). The argument in favor of the first proposal -- to prohibit the use of solitary confinement for any reason -- was found convincing by a bipartisan majority of 76%, including 65% of Republicans and 87% of Democrats. The argument in favor of the second proposal -- to prohibit the use of solitary confinement only to situations where an inmate committed a serious violation -- was found convincing by a similar percent (78%), but substantially more Republicans (84%) and slightly less Democrats (73%) The argument in support of, “making no changes to the way solitary confinement is used,” was found convincing by a modest and partisan majority of 55%, including seven in ten Republicans, but less than four in ten Democrats. Policy Preference Respondents were asked to choose which proposal was their first choice, or if they favored neither proposal. Proposal 2 received majority support of 58%, including a large majority of Republicans (71%) and half of Democrats. Proposal 1 was supported by 28%, including just 13% of Republicans and four in ten Democrats. Just ten percent chose neither proposal (Republicans 12%, Democrats 7%). In total, 86% favored at least restricting the use of solitary confinement for use as punishment only for serious violations, including 84% of Republicans and 90% of Democrats. Voting Simulation Respondents also went through a simulation that imitated how Members of Congress are forced to deal with situations in which they support more than one proposal, but are forced to vote on one. Those who chose the more restrictive Proposal 1 were asked, if they had to vote on the less restrictive Proposal 2, would they vote for or against it? And vice versa for Proposal 2. Combining the responses to these questions with the initial question of which proposal they most favor, a total of 52% supported or would vote for Proposal 1, including 70% of Democrats but just 35% of Republicans. Asked the same question about the more restrictive Proposal 2, 10% said they would not vote for it, although they supported the less restrictive Proposal 1. In total, 75% supported or would vote for it, including 79% of Republicans and 75% of Democrats. Status of Legislation The first proposal -- to prohibit the use of solitary confinement for reasons other than the safety of the prisoner, and restrict its use to 15 days at a time or no more than 20 days in a two-month period -- was in the Restricting the Use of Solitary Confinement Act of 2019 by Rep. Bonnie Watson-Coleman (H.R. 8155) in the 116th Congress. It was reintroduced in the 117th Congress by the same sponsor (H.R. 176), and has not yet made it out of committee. The second proposal -- to prohibit the use of solitary confinement for reasons other than the safety of the prisoner or punishment for a serious violation, and restrict its use to 30 days at a time or no more than 40 days in a two-month period -- was in the Solitary Confinement Reform Act of 2019 by Sen. Dick Durbin (S. 719) in the 116th Congress.
	Require that solitary confinement only be used for safety reasons, and never as punishment, for no more than 15 days in a row or 20 days in a two-month period Survey: PPC, February 2021 Respondents evaluated two proposals for restricting the use of solitary confinement (see the above section for the full details on the briefing and arguments): Limit the use of solitary confinement only for safety reasons, and to no more than 15 days in a row or 20 days in a two-month period Limit the use of solitary confinement only for serious violation or safety reasons, and to no more than 30 days in a row or 40 days in a two-month period They were first asked to choose which proposal they prefer, or if they favored neither proposal. They then went through a voting simulation that imitated how Members of Congress are forced to deal with situations in which they support more than one proposal, but are forced to vote on one. Those who chose the more restrictive Proposal 1 were asked, if they had to vote on the less restrictive Proposal 2, would they vote for or against it? And vice versa for Proposal 2. Combining the responses from the initial question about which proposal they prefer, with the responses to the voting simulation question, a total of 52% supported the proposal to use solitary confinement only for safety reasons, including 70% of Democrats. Among Republicans, support was just 35%, but when asked how acceptable they find the proposal on a 0-10 scale, with 5 being just tolerable, a majority of 62% found it at least tolerable (5-10). Status of Legislation The first proposal -- to prohibit the use of solitary confinement for reasons other than the safety of the prisoner, and restrict its use to 15 days at a time or no more than 20 days in a two-month period -- was in the Restricting the Use of Solitary Confinement Act of 2019 by Rep. Bonnie Watson-Coleman (H.R. 8155) in the 116th Congress. It was reintroduced in the 117th Congress by the same sponsor (H.R. 176), and has not yet made it out of committee. The second proposal -- to prohibit the use of solitary confinement for reasons other than the safety of the prisoner or punishment for a serious violation, and restrict its use to 30 days at a time or no more than 40 days in a two-month period -- was in the Solitary Confinement Reform Act of 2019 by Sen. Dick Durbin (S. 719) in the 116th Congress.
	Require prisons and jails to charge inmates no more for phone calls than the rates companies normally charge for comparable service Survey: PPC, February 2021 Respondents were first informed that the amount charged for phone calls in prisons and jails tend to be much higher than the rates charged elsewhere. They were then presented the following proposal: One proposal is for the government to require prisons and jails not to charge prisoners more for phone calls, including video calls, than the rates companies normally charge for comparable telephone service. A bipartisan majority of 77% favored the proposal, including 66% of Republicans and 88% of Democrats. More Details Briefing Respondents were first introduced to phone call rates in prisons and jails, as follows: As you may know there has been some controversy about the rates for telephone calls, including video calls, between prisoners and their family and friends. Currently, the rates that are paid by the prisoner and/or their family or friends are substantially higher than the rates that people ordinarily pay. Charges for a 15-minute phone call generally range from $2 to $6, with some going even higher. The profits from these charges – over and above the cost of providing the service – go to both the telephone company and the prison or jail. They were then provided the specific proposal: One proposal is for the government to require prisons and jails not to charge prisoners more for phone calls, including video calls, than the rates companies normally charge for comparable telephone service. Arguments The argument in favor was found convincing by a large bipartisan majority of eight in ten, including over seven in ten Republicans and nine in ten Democrats. The argument against did poorly, with just 37% finding it convincing, including just one in four Democrats. Republicans were divided. Final Recommendation Asked for their final recommendation, a large bipartisan majority of 77% were in favor, including two thirds of Republicans and 88% of Democrats. Demographics Status of Legislation The proposal was in the Martha Wright Prison Phone Justice Act of 2019 (H.R. 6389) by Rep. Bobby Rush (D) in the 116th Congress. The bill was reintroduced in the 117th Congress by the same sponsor (H.R. 2489). The bill has not yet made it out of committee.