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Oct. 8, 2023 |  By: Deborah Van Fleet - Public News Service

ACLU: NE prison progress on 'restrictive housing' not enough

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By Deborah Van Fleet - Public News Service

The latest report on the Nebraska Correctional System shows a decrease in the use of restrictive housing.

The Office of Inspector General of Correctional Services has tracked the data and other prison practices since it was created in 2015 to oversee the state's correctional system. The use of restricting a prisoner's contact with others peaked at 423 in 2018 and has dropped most years since then, to 216 people in August.

Scout Richters, policy director for the ACLU of Nebraska, said although the progress "deserves recognition," it is not enough, especially when the isolation is for long periods of time.

"Across the globe, there's a consensus that prolonged solitary confinement is torture, that it's inhumane, that it greatly exacerbates mental health issues and self-harm attempts," Richters outlined.

The Inspector General's report showed the number of people in restrictive arrangements for over six months declined from 185 five years ago, to 42 this year. In August, Nebraska Attorney General Mike Hilgers blocked the Inspector General from accessing prison records, stating the way the Legislature created the office violates the state constitution.

As a result, Richters pointed out, information including the frequency and duration of restrictive housing and circumstances surrounding deaths has been unavailable for oversight since mid-August.

"This is really a major concern," Richters contended. "It should be a major concern for all Nebraskans, as the Inspector General really provides critical, neutral insight into what is actually happening within the prisons."

Sen. Tony Vargas, D-Omaha, has introduced Legislative Bill 557 to be considered next year. It would cap the use of restrictive housing at 15 days.

Richters noted polls show the majority of Nebraskans support this and other types of prison reform.

"Really ensuring that those with substance abuse issues, mental health disorders, get the treatment they need rather than prison sentences," Richters emphasized. "Including the use of restrictive housing and solitary confinement that really don't solve the underlying issue."

The report showed two men scheduled to be released from Nebraska prisons in December have been in restrictive housing for extensive time periods, one for nearly four years and the other for more than five-and-a-half years.