The Morning Call (Sunday)

Allegheny County ends solitary confinemen­t after referendum

- By Anthony Salamone Morning Call reporter Anthony Salamone can be reached at asalamone@mcall.com.

Efforts to end solitary confinemen­t in Lehigh County Jail may have been unsuccessf­ul, but one Pennsylvan­ia county is showing how jails could operate without the practice.

In December 2021, Allegheny County became the first jurisdicti­on in the U.S. to ban nearly all uses of solitary confinemen­t, after a voter referendum the previous May.

The vote followed years of abuse allegation­s and multiple suicides at the county jail, according to organizati­ons such as solitarywa­tch.org, which monitor the practice.

An Allegheny County Jail spokespers­on declined to make anyone available for an interview on what effect the referendum has had on solitary confinemen­t. Instead, she pointed to monthly online statistics on the jail’s compliance. The county is required to provide monthly reports to a Jail Oversight Board regarding pod lockdowns, intake segregatio­n and pod segregatio­n. Monthly reports began in June 2021.

An eight-page executive summary for August, the latest month available, shows the facility was on full-day, full lockdowns Aug. 13 and 27, and had full lockdowns on portions of eight other days. Under a lockdown, out-of-cell time is limited. There were also full- or partial-day individual pod lockdowns on 18 days due to “safety and security” reasons.

Under the heading “Intake Segregatio­n Report,” the jail said there were no instances of any inmates being isolated in a cell alone for more than 20 hours during the month.

The report also lists more than 30 individual­s under a “pod segregatio­n report” that indicates inmates who did not receive at least four hours of out-of-cell time a day. In all but four instances, the reasons were listed as “medical.” In addition, the report says, one inmate received less out-ofcell time due to a court appearance, and three lost out on time due to behavior “that made it impossible to permit out-of-cell time while ensuring the security and safety of correction­al officers and other incarcerat­ed individual­s.”

“Let me be clear: We are in full compliance with [the] referendum and Chapter 205, and are not circumvent­ing the ban,” Warden Orlando L. Harper

said in a 2022 news release. Harper retired Sept. 29 as warden. Chapter 205 is part of the county code regarding solitary confinemen­t that was amended after the referendum passed.

Still, some people, such as Tanisha Long of the Abolitioni­st Law Center in Pittsburgh, remain critical of the jail’s use of segregatio­n.

“For people suffering mental health issues, they use it punitively,” said Long, a community organizer with the law center. She said inmates are sometimes placed in near-24 hour solitary “when the referendum made it clear it was only to be used in emergencie­s with a 48-hour time limit.”

The pod segregatio­n report for August lists two

inmates who saw reduced out-of-cell time for eight days, although the report notes there were three “episodes” that led to that reduction. It does not include any additional details. Ten inmates saw reduced time between three and six days.

Besides the Allegheny County voter referendum, New York is one of several states that in recent years approved laws limiting solitary to 15 days or less, and similar bills have been introduced in many other states, according to the Unlock The Box advocacy campaign.

 ?? BEBETO MATTHEWS/AP ?? In December 2021, Allegheny County became the first jurisdicti­on in the United States to ban nearly all uses of solitary confinemen­t.
BEBETO MATTHEWS/AP In December 2021, Allegheny County became the first jurisdicti­on in the United States to ban nearly all uses of solitary confinemen­t.

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