As California goes, so does the nation. That is what many people believe, as they fight to keep our state among the leaders in progressive values. Yet our state remains woefully behind on one of the most pressing issues of our time, the use of solitary confinement in our jails and prisons.
While many people understand that solitary confinement is wrong on a moral level, they are not aware of how it disproportionately impacts certain groups of people and can have devastating consequences for their lives. This includes pregnant people or those who just gave birth, as well as individuals with disabilities and in vulnerable age groups. My own experience in solitary confinement as a new mother with a disability happened more than a decade ago, yet that experience deeply impacted me as well as my young child.
As a young mother I was jailed for mistakes I made. During my time in jail I was separated from my baby and placed in solitary confinement. The experience was incredibly painful for myself, and for my new born child.
My own hardship and trauma were compounded by the fact that I have mental health disabilities that were completely ignored by those who jailed me. What I needed during this time were specific accommodations for my disabilities. This included counseling and support to help me navigate the challenges that I was going through. Instead I received isolation, pain and trauma. This trauma not only affected me but also my newborn child in ways that are difficult to articulate.
There is extensive research that demonstrates exposure to solitary confinement exacerbates existing disabilities or chronic conditions, compounding the hardship experienced by people in these situations.There is also a growing body of research that shows exposure to solitary confinement can actually lead to the development of psychological harms, and cardiovascular health. It has been shown that any exposure to solitary confinement, even a single day, can increase the chance of premature death.
The use of prolonged solitary confinement is heavily regulated in virtually every modern country in the world, and has been recognized as torture by the United Nations. Despite these facts, the United States and California have yet to pass meaningful reforms on this issue.
In fact, California has a long and dark history with respect to solitary confinement. It took a massive hunger strike in our prisons a decade ago to bring attention to the issue, yet our prisons are still engaged in this egregious practice. Our jails are no better, and even the private immigration detention facilities in our state routinely keep people on 23 hour lock down for no good reason.
The good news is that the California legislature is currently reviewing a new law that would limit the use of solitary confinement for everyone to 15 days, and completely ban the practice for pregnant people, disabled people, and people in vulnerable age groups. The bill, AB 280, the California Mandela Act by Asm. Chris Holden, would cover jails, prisons and private detention facilities make California one of the leaders on this important issue.
Gov. Newsom vetoed a similar bill last year, despite recognizing that the issue was “ripe for reform.” Newsom directed the California Department of Corrections and Rehabilitation (CDCR) to issue regulations on the issue in 2022, but little has been heard or seen from them. This issue also ignores the need for reform in county jails and private detention facilities.
This year, advocates such as myself have been working with the California Mandela Campaign to ensure that our voices are heard and this issue is not forgotten. Our concern is that Newsom, under pressure from the correctional unions, is buying time by punting on this issue, while focusing on his own political aspirations. That is not good policy, or good leadership.
That is why we are working tirelessly to ensure that the bill has the full support of the California legislature. In the spring we were able to capture the majority of the Assembly. This fall we will be joined by dozens of other civil rights organizations and solitary survivors to win a super majority in the Senate.
We need the California Mandela Act to ensure that people with disabilities are not forgotten in isolation, and further disadvantaged by the cruelty and abuse that is solitary confinement. Our state has done so much to ensure that specific groups of people including those who are disabled, pregnant or elderly are not ignored, abused or left behind. We must ensure that is the case for people who are made invisible by solitary confinement. The California Mandela Act will make that possible.
Vanessa Ramos is a Community Organizer with Disability Rights, and an advocate with the California Mandela Campaign.
