Solitary Confinement Still A Concern At Essex County Prison: Report

ESSEX COUNTY, NJ — The Essex County Correctional Facility Civilian Task Force has released a new report that takes a look at “special housing units” at the prison – including solitary confinement.

The task force issued its CY2023 Special Housing Units Subcommittee Report earlier this week. It evaluated the compliance of the Essex County Correctional Facility (ECCF) with the Isolated Confinement Restriction Act (ICRA), and provides recommendations for improving operations and inmate conditions within the jail’s special housing units (SHU).

The complete report can be seen online here.

The prison, based in Newark, has a capacity of 2,434 inmates – more people than the populations of 94 New Jersey municipalities. It’s the largest county prison in the state. Read More: Long-Awaited Review Gives Deep Look Into NJ's Largest County Prison

According to a news release from the county:

“In 2019, the New Jersey Legislature enacted the ICRA to limit the use of isolated confinement in jails and prisons across the state. The impetus for the legislation was twofold: a reactive effort to respond to citizen complaints about the misuse of isolated confinement, as well as a proactive effort by legislators to mitigate the adverse impacts of isolated confinement. The task force has reviewed the current ECCF SHU policies and practices. As part of its mandate to oversee the policies and practices of the ECCF, the task force SHU subcommittee has taken upon itself an extensive review of the policies and practices of isolated confinement at the detention facility.”

County officials said the task force addressed four related issues:

• Is the prison complying with the ICRA?
• If not, what conditions are preventing full compliance?
• What recommendations might the task force make to alter the conditions preventing compliance?
• What steps could ECCF administrators undertake to improve operations and inmate conditions in the SHU?

The answers remain incomplete, task force members said.

According to the report, the prison is likely in compliance with one aspect of the law:

“For disciplinary detentions, the ICRA imposes significant time limits upon isolated confinement. The ECCF adjusted its practices accordingly. It appears there is likely compliance with this specific area of the law. With that said, the unavailability of certain records has hampered the task force’s review of compliance with time limits. Reviewing disciplinary detention requires a review of records on an inmate-by-inmate basis. The offender management system documents each inmate’s days spent in disciplinary detention. However, the review must be done on a case-by-case basis and not through a population review of all individuals in detention.”

But the task force questioned its compliance with another aspect of the law:

“However, the task force is concerned that members of vulnerable populations (e.g., individuals with disabilities, the elderly, and people with severe mental disorders) may have been placed in disciplinary detention and isolated confinement in violation of the ICRA. More information is needed in this regard. The ECCF has indicated that vulnerable inmates who commit major infractions may be placed in disciplinary detention. This is done for safety and security reasons but may not be permissible under the ICRA; each instance should be documented and explained.”

“While the ECCF has made substantial efforts to comply with the ICRA, we cannot conclude that [the prison] is currently in complete compliance with the ICRA's prohibitions against excessive time in isolated confinement and the isolation of vulnerable populations,” subcommittee chair Rubin Sinins said.

• See Related: Here's What It's Like To Survive Solitary Confinement, NJ Inmates Say
• See Related: Tom Morello Meets With Survivors of Solitary Confinement In NJ

Alessandra DeBlasio, another member of the subcommittee, said that prison administrators have been responsive to their requests to have access to inmates, and have been receptive to their suggestions about improving record-keeping in the name of transparency.

“However, we remain concerned about institutional limitations that result in the SHU consistently operating at maximum capacity, and housing a significant number of vulnerable inmates who would be better served in a mental health facility,” DeBlasio added.

• See Related: Staffing Woes Affect Mental Health Care At Essex County Jail, Report Says

Task Force Chair Jim McGreevy, a former governor of New Jersey, also said the county and prison administrators offered “full and unfettered access” to documents, records and reports.

“This report highlights difficult issues, which in some measure depend upon federal and state flexibility to provide satisfactory clinical ‘best practice’ alternatives,” McGreevy said.

• See Related: Prison Inmates In Essex County Get Job Training, Education

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