Limits on restrictive housing, ‘double bunking’ ban proposed
A bill that would redefine and limit the use of restrictive housing in the state’s correctional facilities was heard by the Judiciary Committee Jan. 24.
LB99, introduced by Omaha Sen. Ashlei Spivey, would limit the use of restrictive housing — commonly referred to as solitary confinement — to 15 consecutive days. The bill also would redefine solitary confinement in state law as the isolation of an incarcerated individual in a cell with reduced or no natural light for at least 22 hours a day, with limited access to reading materials, television, radio, group activities or visitors.
The proposal also would broaden the definition of “serious mental illness” in state law in an effort to prevent individuals with mental health conditions from being placed in restrictive housing. Similar exceptions already exist for vulnerable populations such as pregnant women and individuals with developmental disabilities.
In addition, LB99 would ban the practice of “double bunking” — or housing two incarcerated individuals in a single cell designed for one — in a restrictive housing setting unless both individuals voluntarily agree to the placement in writing.
Spivey said solitary confinement does more harm than good, and exacerbates symptoms of existing mental health conditions such as anxiety, depression, suicidal ideation and post-traumatic stress disorder. While there is no conclusive evidence that solitary confinement improves safety, she said, outcomes indicate that the practice fails to rehabilitate, protect or prepare incarcerated individuals for reintegration into society.
“I really think it’s imperative for us to explore alternatives that will actually contribute to our shared goals of accountability, rehabilitation and safer outcomes for all,” Spivey said. “That’s what this bill does.”
Testifying in support of the proposal was Jasmine Harris, legal and advocacy director of RISE, a nonprofit that provides rehabilitation and reentry support to incarcerated and formerly incarcerated individuals.
Harris said she has encountered many individuals whose mental health has suffered as a result of their time in restrictive housing. While some may think that solitary confinement is reserved for only individuals with specific convictions or sentences, she said, the impacts are broader than one might expect.
“Ninety percent of people who are incarcerated will come home to our communities,” Harris said. “Solitary confinement and restrictive housing are not punishments used just for individuals who have long-term or life sentences.”
Robbie McEwen, legal director of Nebraska Appleseed, also testified in support of the bill.
McEwen said he worked as an attorney on a class-action lawsuit in 2020 that challenged various conditions within the Nebraska Department of Correctional Services. Through his involvement in the lawsuit, McEwen said, he witnessed firsthand the damaging effects of restrictive housing.
“Personally, I’ve interacted with a substantial number of persons who have experienced this and I can say without hesitation that directly observing the effects of solitary confinement on these individuals was the most traumatic experience of my legal career,” he said. ”It will forever be seared into my memory.”
NDCS Director Rob Jeffreys opposed the measure and said restrictive housing is necessary to keep incarcerated individuals and correctional staff safe.
Limiting the use of restrictive housing to 15 days would send the wrong message that there are no serious consequences for violent behavior, Jeffreys said. Of the 155 people currently in restrictive housing, 95 committed serious acts of violence and 42 threatened serious acts of violence, he said.
“This is a small number [of] the community within the department of corrections that makes it unsafe,” Jeffreys said. “In order to operate safe prisons, we must have a mechanism to separate those who create significant risks of harm — just like in the communities in which you and I live.”
The committee took no immediate action on LB99.
