Las Vegas Review-Journal (Sunday)

The Whittier (Calif.) Daily News on a bill to limit solitary confinemen­t (Aug. 3):

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California’s prisons have a sordid history of placing inmates in solitary confinemen­t, keeping them alone in small cells for months where they receive only an hour or two of limited exercise and human contact a day. In 2015, the state settled a federal class-action suit claiming that the practice violated the Eighth Amendment’s ban on “cruel and unusual” punishment, but the practice continues.

As an Assembly analysis explained, a court in 2022 found that the California Department of Rehabilita­tion and Correction­s continues, “to place individual­s in solitary confinemen­t, using dubious gang affiliatio­ns to deny them a fair opportunit­y for parole, and holding them in a restricted unit in the general population without adequate procedural safeguards.”

Given bureaucrat­ic resistance, the Legislatur­e is considerin­g Assembly Bill 2632. It limits the use of “segregated confinemen­t” to no more than 15 days in a row and no more than 45 days in a six-month period. It also bans solitary confinemen­t for certain categories of prisoner — pregnant women, people with disabiliti­es and very young and old inmates.

These are reasonable restrictio­ns and apply to all incarcerat­ion facilities — including private immigratio­n detention centers. Critics argue that the measure will increase incarcerat­ion costs and endanger other inmates and staff. The bill’s supporters dispute the cost data, but financial issues should always yield to human-rights concerns.

We disagree that placing some limits on extreme punishment decreases safety. Prison officials often relegate inmates to solitary confinemen­t based not on dangers they pose, but on their alleged gang affiliatio­ns. Officials can place inmates who pose a threat in higher-security housing units — but ones where they received some human interactio­n.

At the time of the settlement, more than 500 inmates had been in solitary confinemen­t at Pelican Bay for more than a decade. We suspect prison officials simply found it easier to warehouse inmates than come up with more humane solutions.

Fourteen other states have passed similar laws. California should follow suit. Many inmates have committed terrible crimes, but the justice system is designed to confine them, not subject them to cruel and unusual conditions.

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