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Approval advances to eliminate prolonged use of solitary confinement in California

Parriva Parriva · US

Last Friday, 13 of Assemblymember Chris Holden's bills passed the Senate Committee on Appropriations. “As we approach these final steps in the legislative process, I am thrilled to see my bills reach this step, as I know they will enhance the lives of so many constituents. I am confident my bills will serve the direct and future needs and concerns of Californians,” Holden said.

According to Vanessa Ramos, an activist for the California Mandela Campaign, says that "The use of prolonged solitary confinement is heavily regulated in virtually every modern country in the world, and has been recognized as torture by the United Nations. Despite these facts, the United States and California have yet to pass meaningful reforms on this issue.

"The good news is that the California legislature is currently reviewing a new law that would limit the use of solitary confinement for everyone to 15 days, and completely ban the practice for pregnant people, disabled people, and people in vulnerable age groups. The bill , AB 280, the California Mandela Act by Asm. Chris Holden, would cover jails, prisons and private detention facilities make California one of the leaders on this important issue."

A coalition of organizations focused on criminal justice, immigration detention and disability rights have come together in solidarity to sponsor AB 2632 (Holden) the California Mandela Act on Solitary Confinement. The legislation builds on growing momentum generated by recent bills passed on solitary confinement in Colorado and New York, and is inspired by the United Nations Nelson Mandela Rules, which defines prolonged solitary confinement as torture.

The bill, authored by Assemblymember Chris Holden, is focused on one of the most important human rights issues of our time: solitary confinement. The bill, which defines solitary confinement as any period of confinement that exceeds 17 hours in a cell, mandates that facilities document any instance in which solitary is used, and places limits on the duration any person can be held in this manner. The bill also bans the use of solitary confinement for certain populations including people who are pregnant, have disabilities, or fall within certain age limits.

The use of solitary confinement in jails, prisons and immigration detention facilities has been a common practice for decades, with horrific consequences for those detained. While too many to list here, some of the most compelling stories include people who have been held in solitary for decades, allegations that a woman held in solitary gave birth alone at the Santa Rita Jail in 2018, and numerous reports demonstrating the link between suicide and solitary confinement.

This harm has only been exacerbated during the COVID-19 pandemic, with facilities increasing their use of restrictive lockdowns that deprive individuals of social contact and basic human dignity. Advocates are particularly moved to seek justice for those who have been harmed or lost their lives during solitary confinement. This includes Choung Woong Ahn, a 74-year-old Korean immigrant who was found dead after being placed in solitary confinement at the Mesa Verde Detention facility, used to detain immigrants by the for-profit GEO Group.

AB 280 would allow California to join other states including New York and Colorado in ending solitary confinement for specific populations, and join the international community in recognizing that solitary confinement constitutes torture and put a limit on how long any individual can be held in isolation.

“My goal is always to service my community above all else. I believe these bills exemplify my due diligence in achieving that goal, by creating solutions to solve key issues, developing roadmaps for new innovations and improved functionality, and generating a pathway for equal opportunity. I will continue to work with my colleagues in the Legislature and Governor Newsom to fully implement these measures,” Holden said.

September 4, 2023
Letter to

Introduced by Assembly Member Holden
(Coauthors: Assembly Members Mia Bonta, Bryan, Carrillo, Lee, Stone, Kalra, and Akilah Weber)
(Coauthors: Senators Becker, Durazo, and Skinner)

February 18, 2022

An act to add Article 7 (commencing with Section 2697) to Chapter 4 of Title 1 of Part 3 of the Penal Code, relating to segregated confinement.

LEGISLATIVE COUNSEL'S DIGEST

AB 2632, Holden. Segregated confinement.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.

This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified.

The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified.

The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a special population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age.

The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on housekeeping or in paid employment.

The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.
This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified.

This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual.

This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinement’s dispute regarding qualification in the special populations category.

This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facility’s compliance with the act, as specified.

This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable.

The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

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