Black & Pink An open family of LGBTQ prisoners and free world allies who support each other www.blackandpink.org Testimony of Black and Pink before the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights Reassessing Solitary Confinement II: The Human Rights, Fiscal, and Public Safety Consequences Overview: Black and Pink is a national organization of Lesbian, Gay, Bisexual, Transgender, Queer, Two Spirit, and Gender Non-conforming (LGBTQ) prisoners and free world allies. Black and Pink was founded in January 2005 and now reaches over 4,500 LGBTQ prisoners across the country, with incarcerated members in every state. Our work toward the abolition of the prison industrial complex is rooted in the experience of currently and formerly incarcerated people. We are outraged by the specific violence of the prison industrial complex against LGBTQ people, and respond through advocacy, education, direct service, and organizing. We submit this testimony to voice our support for the complete abolition of solitary confinement. We oppose the use of solitary confinement under any circumstances. Nearly 12% of our members report being held in some form of solitary confinement, which is three times the national average. 1 It is very clear to us, despite the lack of funded research, that LGBTQ prisoners are disproportionately held in solitary confinement in nearly every state. The book Queer (In)Justice: The Criminalization of LGBT People in the United States, explores the use of solitary confinement among LGBTQ prisoners. The writers state, In all too many instances, transgender and gay individuals at risk of sexual violence are placed in administrative segregation units, also known as ad-seg. The ostensible purpose of such units, particularly those described as protective custody, is to separate vulnerable or at-risk individuals from the general population... [A]d-seg serves as the functional equivalent to solitary confinement, featuring smaller cells and depriving individuals of any meaningful human interaction, access to communal activities, recreational time, religious services, or participation in what few vocational or educational programs are offered. Denial of access to such programs has far reaching consequences, as their completion may provide opportunities for early release on 'good time credits,' and to secure future employment. 2 The use of solitary confinement for one's protection assumes that solitary confinement is a safe place, a claim that has been refuted by countless studies, medical experts, and even the United Nations Special Rapporteur on torture. Solitary confinement for one's protection also assumes that prisoners need protection from other prisoners, however the most recent Bureau of Justice Statistics report on sexual violence in prison shows that prison staff make up half of the substantiated sexual assaults. 3 1 Confronting Confinement: A Report of The Commission Safety and Abuse in America's Prisons John J. Gibbons, Nicholas de B. Katzenbach commission Co-Chairs. Vera Institute of Justice (June 2006) page 56 2 Queer (In)Justice: The Criminalization of LGBT People in the United States. Joey L. Mogul, Andrea J. Ritchie, & Kay Whitlock. 3 Survey of Sexual Violence in Adult Correctional Facilities, 2009 – 11 Allen J. Beck, Ph.D., Ramona R. Rantala Bureau of Justice Statistics (January 2014)
Not only are LGBTQ prisoners house in ad-seg, they are also subjected to harsher disciplinary practices within the prison. Certainly prison staff bias against LGBTQ people has an impact on the excessive punishment LGBTQ prisoners receive. However, individual bias, or the “rotten apple” theory cannot account for what is an apparent systematic targeting of LGBTQ prisoners across the country. Transgender women and gay men are disproportionately impacted by the use of solitary confinement. Transgender women are regularly disciplined for contesting denial of healthcare, attempting to affirm their gender presentation by their own means (i.e. creating dresses from oversized shirts, creating make up, etc.), and self injury. Gay men receive sanctions and are placed in solitary confinement for consensual contact between prisoners, educating one another about safer sex practices, and challenging homophobic treatment by prison staff. Black and Pink hears stories from prisoners across the country that detail the type of harm they experience from the excessive punishment. This following are seven stories submitted by seven different prisoners held in seven different states. The analysis of medical experts and human rights advocates are essential to this process of addressing the harm caused by solitary confinement, but the stories of incarcerated people are the most important as they have experienced the torture of solitary cells. Identifying information has been removed in order to protect the prisoner from retaliation. Billy, Texas After spending 11 years in that box, still to this day, that box is with me. Imagine walking in each room you enter and counting everything, including the cracks on the wall. Even though I was in that room the day before, I would count it once again hoping for just one new small crack- why? It gave me the sense of change. I've been out now for 6 years. I still go nights without sleep. Those years stole things from my very soul. Now in the crowded day rooms, endless lines for my basic needs- food, medicine, etc. I pray for refuge to be alone. In lines sometimes my anxiety overcomes me and I have to give up my seizure meds, placing me at risk of further harm. I will cry for no damn reason at all. One of the scariest things, I know I'm not crazy, but I can't get my head out of that cell. It's gotten so hard lately to even call home, I think they know I'm damaged somehow. When I used to get visits there would be periods of silence because I had forgotten how to even hold a conversation with my family. They don't visit anymore. It's time everybody quit talking about studying the effects of solitary confinement- it's time for something, anything, to be done. Most of the time when I try and speak of my time in Ad Seg, when trying to share the darkness I continue to fight my way out of, those who try to help cannot see into that darkness. So, I'm passed along from one mental health professional to the next. I even tried to make myself feel bad about myself as if it was all my fault. I was sentenced to do time, yes, I get that, but not be tortured or abused. JD, Michigan I am a gay, HIV+ prisoner. I have been incarcerated with the MDOC for over 15 years. In April I was classified to administrative segregation pursuant to MDOC Policy Directive 03.04.120 “Control of Communicable Bloodborne Diseases” for an alleged sexual misconduct with another prisoner. The misconduct report was based upon the confidential statement of another prisoner who initially claimed that he placed my penis in his mouth for “10 seconds;” however, in a subsequent statement he categorically recanted and admitted that he had “lied” in his initial statement. PD 03.04.120 contains a presumption that “actual or attempted sexual penetration” could transmit HIV. Prisoners who are found guilty of sexual misconduct that “could transmit HIV” are indefinitely confined to administrative segregation. In other words, HIV+ prisoners who are found guilty of sexual misconduct are permanently classified to administrative segregation. Further, PD 03.04.120 does not afford for any type of review of a prisoner's confinement to administrative segregation.
Sarah, Indiana The Indiana Dept of Corrections has held me in solitary for 5 years now because a male guard aided my escape from prison. He drove me out of the gates to the parking lot where my wife was waiting to ferry me away. The IDOC and police- and media- glommed onto my sexuality as if I had used it as a weapon to seduce an upstanding law enforcement officer into doing my bidding, vilifying me and painting him as a helpless victim! The former officer and my wife are now at home after 3 years in prison and 2 years parole, while I am still in isolation indefinitely, branded as the ultimate manipulator of officers who cannot keep their dicks in their pants. Instead of policing their own employees to discourage sexual misconduct, they continually punish me, despite the cruel and inhuman nature of solitary confinement. In a model of restorative justice we would never torture human beings by locking them in concrete bathrooms because they might subvert the power of the system by giving good head. Currently, we have patriarchal executive, legislative, and judicial systems based on fundamentalist Judeo-Christian ideas of sin and punishment. A restorative justice system would be rooted in universal compassion and forgiveness. Until then, we'll never see the abolition of the Prison Industrial Complex and its dehumanizing machinations. Jenni, California Initially, I was convicted for the crime of armed robbery and sentenced to seven years in state prison. Subsequently, however, that "7 years" was extended to an indeterminate term of 104 years-tolife under the draconian "Three Strikes" law for prison behavior (e.g. weapon possession, assault, etc.) I have now been incarcerated for over 22 years, including more than 14 years of experience in solitary confinement at Pelican Bay State Prison and other institutions, and never raped or killed anyone. As a survivor myself, I can state from personal experience, there is no question that long-term isolation in prison "control units", under severe punitive conditions, is TORTURE! I've suffered beatings, food deprivation, inadequate medical and mental health care, and other forms of inhumane treatment similar to the abuses described in the case of Madrid v. Gomez, 889 F.Supp. 1146 (N.D. Cal. 1995). Thanks to that legal victory, due in part to the expert testimony of Dr. Stuart Grassian, I was released from the Pelican Bay Security Housing Unit (SHU) in 2003, and my exacerbated mental illness improved after being provided acute psychiatric care for suicide attempts, post-traumatic stress symptoms, and Gender Identity Disorder. Although my current prison circumstances have improved, and I now have the prospect of a sentence reduction under California's newly passed Proposition 36 (the "Three Strikes Reform Act of 2012"), thousands of other inmates continue to languish in long-term solitary confinement. Since the Pelican Bay Prisoner Hunger Strike began in 2011, more than 12,000 prisoners in thirteen different California prisons have participated in intermittent hunger strikes to protest the conditions of solitary confinement. At least three inmates committed suicide. On February 2, 2012, inmate Christian Gomez died during a hunger strike at Corcoran, which houses 1400 in the SHU, and an additional 350 in the Administrative Segregation Unit (ASU). The continued and expanded use of extended solitary confinement in control units across the United States, and particularly in California where the courts have found illegal and inhumane conditions, violates international human rights law, the Convention Against Torture (CAT), and the Standard Minimum Rules for the Treatment of Prisoners. Furthermore, in the case of transgender inmates, the use of non-disciplinary safety concerns or refusal of unsafe housing unit/cell assignments to justify placement in solitary confinement violates the Prison Rape Elimination Act of 2003 (PREA) national standards (recently adopted federal regulations, of the U.S. Department of Justice).
In conclusion, I urge all to please join the struggle to ABOLISH CONTROL UNITS in the United States, which hold at least 25,000 prisoners in isolation at various supermax prisons, and an additional 50,000 to 80,000 in restrictive segregation units. Williams, New York New York State Department of Corrections has an unfair disciplinary system. A system that is reactionary and it has become desensitized to the serious repercussions of prolonged solitary confinement. The practice of handing out massive amounts of Solitary Confinement has a direct effect on the deterioration of inmates' mental health as well as recidivism. In the early 1980's New York State prison population was 33,000 with 32 adult prisons. The average amount of Solitary Confinement given was 30 days up to 6 months for more serious misbehavior. Fast forward 18 years later there was approximately 70,000 prisoners and 70 prisons. Solitary Confinement time increased from 2 months on average to 5 months, and 6.7 % of the prison population was held in Solitary Confinement. Today the prison population has decreased to 55,000 but Solitary Confinement has continued to increase to 18 months to 2 years as a common minimum. Approximately 4,180 inmates, 7.8 % of the prison population are currently being held in Solitary Confinement. As an inmate who has been in Solitary Confinement for 2 and a half years, I know first hand the psychological and mental health problems caused by massive amounts of box time- Depression, Schizophrenia, Anti-social Personality Disorder, and other serious mental disorders. When I first arrived at Southport Correctional facility (a prison that holds solitary confinement inmates only), I was introduced to the most horrible conditions in my life. The only way I can describe it is as a physical manifestation of hell. I became very anti-social because if you say the wrong things you may get feces thrown on you or the C.O.'s may not feed you. Then the depression hit me hard along with other mental health problems, I no longer felt the desire to live. After a year of trying to get help, I met a good person that got me into a program. So now I'm getting help for my mental health problems. Prisoner's Legal Services of New York and disability advocates filed a lawsuit against DOC of New York on this issue and they won (settled out). The court mandated that all inmates with serious mental health disorders (Axis I and Axis II Diagnoses from the Diagnostic and Statistical Manual of Mental Disorders, a handbook categorizing mental disorders) be placed in “special programs� called Residential Mental Health Units (RMHU) and Behavioral Health Units (BHU). The problem with this is that these programs combined only hold approximately 270 cells. There are numerous inmates with mental health problems in facilities that have been built solely to house prisoners in Solitary Confinement and these men are clearly a danger to themselves as well as others, but their not getting help because these human warehouses are understaffed to the point that it holds about 10 mental health staff with no mental health doctor on hand. So where do these inmates end up? Some of the lucky ones get one of these 270 beds in a program. But the majority end up back on the streets and may struggle with homelessness and drugs and for the most part end up back in jail. This is how we deal with mental health inmates in New York State prison system. Is this some kind of sick form of job security? I have to ask, how is it that in the best country in the world and in a progressive, liberal state, that this is the only method to maintain order in the prison system? There has to be a better way than putting someone in a human box for 23 hours a day for a year in Solitary Confinement for a positive drug test or up to 24 months for gang material. New York State has yet to come up with a proactive, cost effective way to deter inmates from going to Solitary Confinement. I ask another question- is it in the best interest of D.O.C.'s to take a proactive approach to helping prisoners become successful when released? Let's take a look at the U.S. Constitution. The 8th Amendment speaks out against cruel and
unusual punishment. But now we have to ask, is mental torment in violation of the Amendment? When the time comes that will be up to the courts to decide. There is another part that will have major influence on the above decision and it is the 13th Amendment, Section 1 states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The 13th Amendment limits the rights of prisoners there for giving the state government control over an inmate. Which makes room for systematic abuse and corruption. All civilized nations must have a form of justice system. But when the scales of Lady Justice have become unbalanced with this abuse and corruption, then we as a people have to ask- what are we using our justice system for? Blue Eagle, Colorado My name is Blue Eagle. I'm a 29 year old Spanish/Lakota Sioux mix. I'm also Bisexual. I'm in Ad-Seg (Solitary/Lock Down), due to a crime, self-defense, of 1st Degree Assault. The courts ruled that since I injured the guy so severely that I was the guilty party. Regardless of the fact that I'd already been raped in prison (3 times), and that because of my sexuality, I must have not really been raped at all. So- I was given 16 years for essentially “defending” myself, when the staff would not help me. I even was told by the “Housing Captain” and “Case Manager” to stop trying to tell on people or they'd see to it that I'd be housed with “sexual predators” and feel what it is like to truly be “raped.” I've been in Ad-Seg for over 7 years now and don't have any hope of going to “G.P.” anytime soon, as the Colorado prison system does not have a “P.C.” program for anyone that has more than 5-7 years remaining in prison, stating “It's far too expensive to place inmates in P.C. for extended periods of time.” This seems stupid to me as it's more expensive to house Ad-Seg inmates. Due to my longterm placement in Ad-Seg and the lack of proper housing/P.C. programs, I am basically forced to remain in Ad-Seg for the next 7-15 years, so that I will be safe from harm and/or death. I've even developed acute Anxiety, Depression (Bi-polar), and Borderline Personality disorders due to the abuse and long term placement in Solitary/Ad-Seg. Miko, Pennsylvania I’m currently being housed in the RHU or restricted housing unit. The Hole. When I try to inquire as to the reason, I am ignored. Originally it was for my “own protection.” On July 3rd I filled out a form saying I had no enemies and did not fear for my safety. Nothing. A funny thing has happened these last 90 days. We all walk around feeling like we are so self-aware, but get a little sensory deprivation in your life, and you will see just how superficially you have been living. You also get to look around and see how other people’s psychosis manifests itself. The truth is, a too-high percentage of people need mental help. The kind of help that isn’t available anymore. Now people are just housed here. They have a block called SNU or special needs unit. It’s nothing more than a farce. Another ploy from the prison industrial complex to gain funds from the state, government coffers. Those that won’t fit on the SNU end up out on other blocks and end up in the long term RHU. Conclusion: It is common for advocacy organizations to only choose “model” prisoners to highlight the harm caused by solitary confinement. We, however, have chosen to share stories from many prisoners who are part of Black and Pink, including one who is being disciplined for an escape. Under no circumstances is it acceptable for the state to torture an individual. The days, weeks, months, years, and even decades that prisoners spend in solitary confinement is legalized torture ongoing in prisons across the United States. Black and Pink is not seeking special review of how LGBTQ prisoners are treated in solitary confinement. The only appropriate action moving forward is to make a short term plan to eliminate the use of solitary confinement. It is our hope that this committee will release
recommendations with details on how to effectively shut down all solitary confinement cells. It is an essential step on the road to healing our larger communities for us to end the harm caused by these punitive isolation measures.