Beginning in April, a new law takes effect in New York State to end long-term solitary confinement in prisons and jails. People will no longer be held in virtual isolation for more than 15 consecutive days. Similar action to restrict the practice has been taken in at least a dozen other states. And now advocates for incarcerated people are supporting a bill in Maine that would impose even greater restrictions on its use.
Research shows the extended use of solitary confinement comes with a high price: increased risks for self harm, suicide and worsening mental illness. A United Nations human rights expert has said beyond 15 days it could be considered "psychological torture."
"It's definitely difficult. You know, I've read probably over 1000 books since I've been in solitary, you know? Not exaggerating. Like I've read literally read every book in the library down here," says Zachary Swain, 25, who has spent most of the past five years in the Maine State Prison in segregation or solitary confinement.
During the worst of it, he says, while on disciplinary segregation, he was only allowed out of his cell for an hour a day.
"Every time you leave the room, you're in restraints and there's no programming, there's no groups," Swain says. "Three showers a week. No commissary and you have very little property you're allowed to have. Like it's mostly just books and magazines."
Swain acknowledges that he hasn't been a model prisoner. He's been involved in several altercations with corrections officers. But he and his mother say he been diagnosed with severe anxiety, depression, PTSD and a bipolar disorder and he's been on medication for most of his life.
Last August, an investigation by the Bangor Daily News found that Swain has been hospitalized at least 14 times for swallowing things like wire, toothbrushes and nail clippers since 2018. Two years ago he tried to end his life while in isolation.
"I have to say that except for the prayers of many people, Zachary would not be alive today because of his treatment and mistreatment in the prison," says Lori Swain, Zachary's mother. "Zach has been at the prison for six years. His first year he was doing okay and then he started having severe mental health issues...and not getting treated for them even though we asked for treatment, he ended up in solitary confinement."
Zach and his mother say they can't understand why he and some of the other people in solitary didn't qualify for placement in the Intensive Mental Health Unit at the prison. It's for these reasons that Lori Swain is pushing hard for the passage of a bill to prohibit the use of solitary confinement and limit segregation in Maine's prisons and jails. Rep. Grayson Lookner of Portland says both terms are clearly defined in the bill.
"If it's any longer than 20 hours a day in a cell we're calling that solitary confinement; anything longer than 17 hours a day in a cell is segregation," Lookner says.
The bill appoints an independent ombudsman to oversee residents who are in segregation. It also spells out that anyone who is pregnant, who has a disability or who is less than 21 or who is 65 or older cannot be placed in segregation. And for other residents the duration of segregation would be limited to three days in succession and no more than nine days in a two-month period.
"These people need mental health treatment and support and attention," Lookner says. "They don't need to be left languishing in isolation for 23 hours a day for years on end. It doesn't make our community safer, it makes us less safe."
Department of Corrections officials say they oppose solitary confinement and do not use it because they agree that it leads to long term physiological and psychological distress. What remains is restrictive housing and they say they've led the nation in reducing that type of segregation by 87% since 2015.
"And now, again, we're at historic lows where we're talking about single digits of individuals having to go that sort of placement. And by and large their stay in that placement is very short," says Dr. Ryan Thornell, the deputy commissioner of the DOC. He says that as the use of restrictive housing has decreased, so have violent incidents across facilities. He says that number is also at a historic low.
"You know, our goal - whether it's restrictive housing or otherwise - is to have meaningful purpose-driven incarceration where we're focusing on peoples' wellness, we're not focusing on locking them down and you know, throwing the key away like some might argue Corrections does," Thornell says.
But in written testimony to the Legislature's Criminal Justice and Public Safety Committee, Commissioner Randall Liberty said there is still a need to separate residents who "present a sizeable threat to the safety and security of others" rather than placing them in general population. Of the seven people currently housed in the Administrative Control Unit, Liberty says one was convicted of a double stabbing. Every time he is released into general population he stabs other residents. More recently, Liberty says, he stabbed an officer. For these reasons, the DOC opposes the bill. Liberty calls it far reaching and says it ignores the experience of correctional professionals.
But Zachary Swain says he does not think extended stays in segregation do anything but fuel residents' pent-up anger and anxiety.
"Being in segregation made me a lot more confrontational...you know when I came out I was usually, you know the aggressor in an argument with other inmates," Swain says.
His own mood, he says, has been better lately. He'll be released from prison at the end of his month and he and his mom are hoping he can finally get the treatment he needs in a therapeutic community placement.
If you or someone you love is having thoughts of suicide, please call the Maine Crisis Hotline at 1-888-568-1112.
