By Council for Court Excellence

  Across the United States, jurisdictions as diverse as New York City and the states of Colorado and Nebraska are eliminating or severely restricting the use of solitary confinement – often referred to as “restrictive housing” or “segregated housing” – in correctional facilities. These changes are being driven by evidence showing both that solitary confinement is ineffective as a correctional management practice, and that it is harmful to the individuals placed in segregation. Here in Washington, D.C. (“D.C.” or “the District”), there is a growing call for the Department of Corrections (“DOC”) to end the use of solitary confinement in the D.C. Jail. Additionally, D.C. is in the process of designing a new correctional facility, creating an urgency to the question of whether it will or should include units designed for solitary confinement. To inform these conversations, the Council for Court Excellence (“CCE”) sought information on the use of the various forms of solitary confinement by DOC through D.C. Freedom of Information Act (“FOIA”) requests. This brief provides relevant background and context for these incarceration related issues and summaries of the information that DOC did and did not provide in response to the DC-FOIA requests. After more than two years of negotiation related to the DC-FOIA requests, DOC ultimately provided very limited information regarding its use of disciplinary or administrative segregation of people in the D.C. Jail. The data that was provided was incomplete and raised a number of concerns. For example, the average length of stay in segregated housing in Fiscal Year 2021 was 49 days – over three times longer than the United Nations considers the maximum time a person should be held in solitary confinement. And 29 people that year were released directly to the community from segregation; this has been shown to have detrimental impacts, such as homelessness, joblessness, and a greater likelihood of recidivism, as those released may not have had access to programming to help them get the housing, treatment and other services they need. Additionally, many of our requests remained unanswered, leaving much still unknown. For example, CCE was not provided responses related to the use of restraints on people in the jail; the races and ages of people in solitary – both disciplinary and administrative restrictive housing/segregation; the number of pregnant people in segregation; or the number of people in segregation who tried to or succeeded in hurting themselves or completing suicide. In the limited places where DOC did provide relevant numbers for Fiscal Year 2021, they did not provide the comparable data for 2019 and 2020 that was also requested. The findings are detailed in a later section of this brief.  

Washington, DC: The Council, 2024.13p.