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Is Solitary Confinement Torture? The Legislature Takes Up the Question
04/05/2010   Reported By: Susan Sharon

A bill that would have limited solitary confinement in the Maine State Prison and set off a vigorous public debate about the ethical and practical effects of the corrections practice has been scaled back in the Maine Legislature. But after a 10-hour public hearing, a long work session and much lobbying by prison guards and staff, an alternative measure to simply provide more oversight of the use of solitary confinement squeaked by in the House by a vote of 74 to 68.

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Is Solitary Confinement Torture? The Legislature T Listen
 Duration:
3:5

Some people call it solitary confinement. Some in the corrections field refer to it as segregation. And in the world of mental health it's called seclusion. Whatever it's called, there are very different views among policymakers about whether it's a necessary tool in the Maine State Prison, whether it constitutes torture, is used too often or whether corrections administrators should have to justify its use. In debate on the House floor, Representative Richard Sykes, a Republican from Harrison, said yes, it is a tool; no, it isn't torture; and no, corrections officials should not be subjected to more review for their use of solitary confinement. He said passing such a resolution would be sending a message to corrections workers that they're doing something wrong.

State Representative Richard Sykes (R-Harrison) says, "it's a slap in the face to those employees in the Department of Corrections and in particular to the men and women, corrections officers, who quite frankly put their lives on the line every shift. Is the Department of Corrections perfect? Absolutely not. Do they constantly strive to improve? Absolutely. Ladies and gentlemen of the House, I will not put my name on such an insult. I hope you will not as well. Thank you."

Supporters of the measure to provide more review of solitary confinement say their position is not intended as condemnation of the Department of Corrections or staff. But they say research shows that inmates subjected to long periods of isolation with limited access to books and exercise, no television and radio and meals passed through slots in a door creates and exacerbates mental illness.

State Representative Sean Flaherty (D-Scarborough) says, "nearly 24 hours a day of solitary confinement without radio or television, without any human interaction for days, weeks, months and for years on end does not reflect the values of this society."

Representative Sean Flaherty, a Democrat from Scarborough says he fears such conditions could be considered cruel and unusual punishment, a violation of the 8th amendment.

Flaherty says "in this great country, in this great society have we not evolved in our treatment of human beings well beyond the use of solitary confinement? Have we not found better ways to control people? Don't we have more appropriate ways of enforcing our laws and rehabilitating our inmates?"






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