tion , which includes OpenDoors and other ex-offender groups , such as Black and Pink , says it will continue to press for a legislative solution , even as the correctional officers ’ union and prison officials continue to oppose it .
“ A settlement will not replace the need for legislation ,” says Nick Horton , co-director of OpenDoors . “ There have been consent agreements in the past that have been ignored or vacated .”
According to Unlock the Box , a national campaign to end solitary confinement , 500 bills in forty-four states have been introduced over the last five years to regulate , limit or ban solitary confinement , but only a handful of states — New York , New Jersey , Connecticut , North Dakota and Colorado — have actually abandoned the practice .
In 2013 , Rick Raemisch , executive director of the Colorado Department of Corrections , which is considered a national model , radically transformed the system ’ s confinement policies . He was continuing the work of his predecessor , who was murdered at home by an inmate who had recently been
should be a signal that a different type of care is needed . To get to that point , something was seriously wrong .”
At any given time , about 5 to 10 percent of the general population is designated as severely and persistently mentally ill . As of 2023 , 44 percent of all inmates in the state were receiving psychiatric services , and 31 percent were receiving mental health counseling . The ACI also has a twelve-bed Residential Treatment Unit for male inmates , which the lawsuit alleges is insufficient to the need .
In April , after nearly two-and-a-half years of negotiation , the DOC and attorneys from the American Civil Liberties Union and the Center for Justice representing the inmates appeared to be nearing a settlement that would “ lead to a significant overhaul of current policies ,” says Sonja Deyoe , one of three lawyers representing the Paiva case . “ But there are a lot of balls in the air . And even if the parties can agree on the language of a consent decree , it would have to be approved by the plaintiffs and the court .”
In the meantime , the Stop Torture Coalireleased from administrative segregation . For much of his career , Raemisch has faced and won over skeptics who believed it impossible to run a safe prison without using solitary confinement . Over his 5½-year tenure , Raemisch instituted a wide range of reforms , including increased prison programming and the addition of step-down programs to shift inmates out of solitary confinement . His experience was not so different from Thomas Cleveland ’ s .
“ The excuse you hear about the overuse of segregation is to run a more efficient institution , but our mission is public safety , and we did everything we could to have a safer facility , which ultimately means a safer community ,” he says . “ A lot of people believe that restrictive housing is a really needed tool in the toolbox . I believe it ’ s time to take it out . We know it hasn ’ t worked for a hundred years . Let ’ s try something different .” 🆁
Ellen Liberman is an award-winning journalist who has commented on politics and reported on government affairs for more than two decades .
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