AB 701 (Ortega) - Study on Solitary Confinement

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AB 701 (Ortega) - Study on Solitary Confinement

Solitary confinement is one of the most severe and destructive practices used in detention facilities. The World Health Organization, United Nations, and other international bodies have recognized solitary confinement as greatly harmful and potentially fatal. People with disabilities, pregnant people, youth, and the elderly are all at heightened risk from the harm caused by solitary confinement inside jails, prisons, and immigrant detention centers in California.

There is an established consensus among experts, advocates, and those who have first-hand experience on the issue: solitary confinement is torture and can have permanent harmful effects on the health of an individual. It is unclear how frequent solitary confinement is used and to what extent it is used in detention facilities.

AB 701

  • Requires the Department of Justice and California Department of Corrections and Rehabilitation to conduct a one-time comprehensive study on the use of solitary confinement in all detention facilities in California, including jails, prisons and private detention facilities including jails, prisons and immigration detention centers.
    • The study will include specified data about each instance of solitary confinement during the first 9 months of the year of 2026, including, among other data, the time and date solitary confinement began and ended, the facility in which it occurred, and the stated basis for the solitary confinement.
  • Defines solitary confinement as the practice of isolating individuals in a cell for 17 hours or more per day, has significant negative implications for mental health, rehabilitation, and public safety.
  • Requires the Department of Justice to provide monthly data to the Legislature and a final report to the Legislature and the Governor, by November 1, 2026.

How You Can Support the AB 701

You can review a sample support letter here:
AB 701 (Ortega) Template Letter of Support (pdf)

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Updates on the California Mandela Act

The California Mandela Act was first introduced three years ago as Assembly Bill 2632 (Chris Holden), which gained full support in the California Assembly and Senate, but was vetoed by Governor Newsom, who indicated in his veto message that the issue of solitary was “ripe for reform.” The Mandela Act was reintroduced as Assembly Bill 280, which again gained full support in the legislature, including passing with a super majority in the Assembly. Despite this success, the governor indicated he would veto the bill again, without providing a reason for his reluctance to engage with the campaign. Assemblymember Holden decided not to advance the bill to the governor’s desk rather than risk a second veto. 

The California Mandela Act would have:

  • Banned solitary confinement for specific populations including:
    • Individuals with mental, physical and developmental disabilities
    • Pregnant people
    • People under 26 or over 59 years old
  • Set limits for confinement to not more than 15 consecutive days, or 20 days total in any 60-day period
  • Required facilities to keep clear records on the use of solitary confinement in order to provide public transparency
  • Defined segregated confinement in California law

Cost Analysis

The California Mandela Campaign will continue to center the voices and perspectives of solitary survivors and engage with our coalition of disability, immigration, and transformative justice advocates so that we can bring an end to solitary confinement.

Latest News

Informational Videos:

Assemblymember Holden Presents AB 280 on the Assembly Floor - May 31, 2023 

Disclaimer: This video was not produced by DRC and may not be accessible.

Assemblymember Holden Reintroduces the California Mandela Act, Protecting Human Rights of All Californians

Holden is reintroducing a significant legislative measure called the California Mandela Act. The act is aimed at safeguarding the human rights of all Californians, regardless of their race, ethnicity, religion, gender, or sexual orientation. The video may discuss the provisions of the California Mandela Act and the importance of protecting human rights in the state of California.

Disclaimer: This video was not produced by DRC and may not be accessible.

The Impact of Solitary Confinement on Disability Rights: Personal Stories and Advocacy Efforts

Speakers illustrate why the practice of solitary confinement is a disability justice issue and share stories of those who experienced or lost their lives after being kept in solitary confinement for prolonged periods of time.

Please Note:
This video may contain triggering and/or sensitive material. Sexual violence, sexual assault, and abuse are some topics mentioned within this video. 

Speakers:

  • Pamila Lew, Senior Counsel, Investigations Unit, Disability Rights California
  • Richard Diaz, Senior Attorney, Investigations Unit, Disability Rights California
  • Eric Harris, Director of Public Policy, Disability Rights California
  • Vanessa Ramos, Community Organizer, Legislation & Communications Unit
  • Lisa Knox, Legal Director, California Collaborative for Immigrant Justice

Tho Vinh Banh and Vanessa Ramos Testify in Support of AB 2632 - Senate Public Safety Hearing

AB 280 Co-sponsors:

Image of several sponsored logos: Disability Rights California, Prison Law Office, Initiate Justice, Nextgen Policy, Immigrant Defense Advocates, California Collaboration for Immigrant Justice, National Religious Campaign Against Torture, Haitian Bridge Alliance, Robert F. Kennedy Human Rights, Underground Scholars Initiative UC Berkeley, Unlock the Box, California Families Against Solitary Confinement

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