Attorneys argued that solitary terms constituted cruel and unusual punishment
Nearly three years after inmates sued the Middlesex County Jail over their "inhumane" stays in solitary confinement, the county and the ACLU have reached a settlement that will change the way the punishment is used.
Inmates will get shorter confinements, and more hours out of their cell.
The American Civil Liberties Union of New Jersey and the state's Office of the Public Defender announced the resolution Monday, saying the county has agreed to limit the number of days an inmate can be sent to solitary and give those inmates a chance to interact with others.
"In Middlesex County, it's no longer possible to lock someone in solitary confinement and throw away the key," said the plaintiffs' attorney, Deputy Public Defender Fletcher Duddy.
The 2015 lawsuit had argued that that is exactly what the county did with at least some of the nine inmates who put their names on the federal suit, alleging the treatment violated their civil rights and constituted cruel and unusual punishment.
Three were placed in solitary confinement in the North Brunswick jail's "C-Pod Unit" for at least a year, even though they had not yet been convicted, the suit said.
In C-Pod, the inmates were subjected to complete isolation and "forced idleness," eating and spending at least 23 hours a day in a cell the size of a parking space, the suit said. Five days a week, they were allowed out to shower or spend time in another small space, but couldn't talk to other inmates.
Generally, inmates are sent to solitary confinement as punishment for infractions, to keep them safe from other inmates or separate them from co-defendants.
In recent years, the practice has come under fire as experts argue it is cruel, counter-productive to rehabilitation and can exacerbate mental health problems.
Under the terms of the agreement - reached Sept. 25 - the jail agreed it will restrict disciplinary detentions in the C-Pod to 15 days for a single infraction or 30 days for multiple charges. Anyone in the unit will have at least 28 hours per week outside of their cell, bringing the average hours per day in a cell to 20.
Solitary confinement in county jail 'deplorable,' suit claims
The settlement also makes official a mental health screening process that gives the jail's director of mental health the authority to block placements in solitary confinement.
The county agreed to pay $11,230 for the inmates' attorneys fees, the agreement said.
The statement announcing the agreement notes the jail has already implemented some of the reforms.
On its own, the county worked with the Vera Institute of Justice to find ways to reduce the use of solitary confinement, the release said. The county received funds and technical assistance as part of the national institute's Safe Alternatives to Segregation Initiative.
"We appreciate the efforts of both the ACLU and the Vera Institute I'm working with us to implement these county initiatives and believe we stand today as the model for other county jails and other correctional facilities," county officials said in a statement.
Earlier this year, the county agreed to pay $100,000 to settle another solitary confinement civil suit with the ACLU of New Jersey and law firm Blank Rome LLP in state superior court.
In that case, an inmate referred to only as P.D. argued that his confinement in solitary for more than four months while he couldn't make bail worsened his numerous mental health issues. He received $25,875 in damages, and the remaining $74,125 went to the ACLU's legal costs and fees, according to the settlement.
"The harms of solitary confinement last long after release from incarceration, which makes it incredibly important to limit its use," ACLU of NJ Legal Director Jeanne LoCicero said in the statement. "Middlesex County deserves credit for recognizing the need to curb cruel practices of solitary confinement and for taking action. We will continue to work with the county to guarantee that every person in the jail has an opportunity to engage with the world beyond concrete walls and their own thoughts."
The announcement said that the county's C-Pod was a "particularly egregious example" of the problems with solitary confinement, but problems persist in state and county facilities across New Jersey and require a legislative fix.
The Isolated Confinement Restriction Act, a New Jersey bill that "would drastically limit the human rights abuses involved in solitary confinement" if passed, the statement said. However, former Gov. Chris Christie vetoed it in 2016.
A new version has been reintroduced and proposes requiring mental health and medical exams before placement and limiting stays to no more than 15 days, among other things.
Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.
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