The prisoners who get put in Solitary Confinement are the inmates who commit dangerous acts of violence, causing riots or even harming other prisoners. Aside from that, prisoners who suffer mental issues, leading them more likely to commit suicide will also be put in the Solitary Confinement.
Even though the prisoners will likely harm other inmates in jail, there is a certain time limit for prisoners to be released from Solitary Confinement. If you are wondering how long a prisoner gets put in Solitary Confinement, you can dive into our post below, since we’ll show the real facts about it. Here you go!
How Long Does the Prisoners Get Put in Solitary Confinement?
According to H.R.176 -117th Congress (2021-2022), in section 2 about Solitary Confinement, a prisoner shouldn’t be put in Solitary Confinement for more than 15 consecutive days, or for more than 20 days during any 60-day period.
The prisoner shouldn’t be directly released from Solitary Confinement to the community during the final 180 days of the inmate’s term of incarceration, unless it’s needed for the safety of the inmate, other inmates, staff or the public.
The prisoner should not be put in Solitary Confinement before receiving a personal and comprehensive medical and mental health examination performed by a clinician. Within 12 hours before confinement, a preliminary examination should be performed by a member of the medical staff and the clinical examination should be performed within 48 hours of Confinement.
What Are the Requirements to Determine a Prisoner Get Put in Solitary Confinement?
According to H.R.176 -117th Congress (2021-2022), in the section 2 about Solitary Confinement, there are some requirements to place a prisoner in Solitary Confinement, including:
-
- A prisoner shouldn’t be placed in Solitary Confinement, unless there is a reasonable cause which confirms that an inmate deserves to be placed in the Solitary Confinement:
a. A prisoner will create a substantial risk of immediate serious harm to another, as evidenced by recent threats or conduct,
b. A less restrictive intervention will be insufficient to decrease this risk.
The correctional facility must bear the burden of building this standard by clear and convincing evidence before any agency review. The prisoner who will create a substantial risk of immediate serious harm to another or who will create a substantial risk of immediate serious harm to self, due to a medical reason should be put in a proper medical facility. - A prisoner shouldn’t be put in Solitary Confinement for non-disciplinary reasons.
- A prisoner shouldn’t be put in Solitary Confinement before receiving a personal and comprehensive medical and mental health examination performed by a clinical.
- A prisoner should only be held in Solitary Confinement pursuant to initial procedures and reviews that provide timely, fair and meaningful chances for the inmate to contest the confinement in such administrative proceedings as the Director establishes. Well, the procedures should include the following things:
a. The right to an initial hearing within 72 hours of placement and a review every 15 days thereafter, in the absence of exceptional circumstances, reasonable postponements or unavoidable delays.
b. The right to appear at the hearing.
c. The right to be represented at the hearing pursuant to the Defender Services Programs of the Department of Justice.
d. An independent hearing officer, and
e. A written statement of reasons for the decisions made at the hearing. - The final decision to put a prisoner in Solitary Confinement should be made by the administrator of the correctional facility in which the prisoner is held.
- A prisoner shouldn’t be put or retained in Solitary Confinement if the administrator determines that the prisoner no longer meets the standard for the confinement.
- A clinician should evaluate each inmate put in Solitary Confinement on a daily basis, in a confidential setting outside of the cell whenever possible, to determine whether or not the prisoner is a vulnerable individual.
- A prisoner shouldn’t be put in Solitary Confinement for more than 15 consecutive days, or for more than 20 days during any 60-day period.
- A prisoner held in Solitary Confinement should not be denied access to water, food, medical care including emergency medical care or any other basic necessity.
- The prisoner shouldn’t be directly released from Solitary Confinement to the community during the final 180 days of the inmate’s term of incarceration, unless it’s needed for the safety of the inmate, other inmates, staff or the public.
- A prisoner who is a vulnerable individual explained in subparagraph (B), (E), (F) of subsection (b) (3) who will otherwise be put in Solitary Confinement, should alternately be put in a proper medical or other unit as determined by the administrator.
- A prisoner shouldn’t be placed in Solitary Confinement, unless there is a reasonable cause which confirms that an inmate deserves to be placed in the Solitary Confinement:
Okay, those are things that should be met before placing a prisoner in Solitary Confinement.
How Many People Are in Solitary Confinement in the United States?
The term ‘Solitary Confinement’ refers to the kind of punishment that the prisoners get in a correctional facility where they are placed in a cell or similarly confined holding or living space, alone or with other inmates, for roughly 20 hours or more per day, with severely restricted activity, social interaction and movement.
According to the Bureau of Justice Statistics, there are over 80,000 women, men and children placed in Solitary Confinement in prisons across the United States. Well, the figure is a decade that does not include people in prisons, immigrant detention centers and juvenile facilities.
Almost all states use some form of Solitary Confinement. However, there is no federal reporting system which tracks how many people are isolated at any given time. With some spending more than 25 years in segregated prison settings, the prisoners are also frequently confined for months or even years. As with the overall prison population, people of color are represented in isolation units disproportionately.
As we’ve mentioned, inmates get put in Solitary Confinement for various reasons, from serious infractions, such as fighting with another inmate, to minor ones, like talking back to a guard or getting caught with a pack of cigarettes.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
