Newsom Blocks Path to Solitary Confinement Reform—Again

The bill would have eliminated solitary confinement for certain groups, including individuals with disabilities, pregnant women, and other vulnerable populations.

On Monday, while California Governor Gavin Newsom was in Chicago for the opening of the Democratic National Convention, the Mandela Campaign, solitary confinement survivors, faith leaders, and community members held a press conference in front of the California State Capitol Lawn to call on Governor Newsom to take meaningful action on solitary confinement.

The practice of solitary confinement is still widely used in a variety of carceral institutions across California.

In the last decade, the number of people placed in solitary confinement in California has steadily declined. But Newsom, who has vetoed the Mandela Act (AB280/Holden) twice in the last two years, was recently delivered the bill again.

Yesterday, Assemblymember Chris Holden announced he would make another attempt to pressure Newsom into signing the bill. Holden’s office stated that the legislation “faced a high risk of veto from Governor (Newsom) again.”

The bill, which aims to eliminate solitary confinement for certain groups, including individuals with disabilities, pregnant women, and other vulnerable populations, has garnered support from both Republican and Democratic Party members.

A report released in May 2023 by “Solitary Watch” and the “Unlock the Box” campaign is the latest and most thorough tally, revealing that 122,000 incarcerated individuals— including men, women, and children—were subjected to some form of isolated confinement each day in prisons and jails across the country in 2019.

The report pulled data from the Bureau of Justice Statistics (BJS), the Vera Institute of Justice, and state and local agencies highlighting the number of people held daily in solitary confinement for 22 hours or more. It is important to note that these numbers also do not account for solitary confinement within immigration detention, military, and juvenile facilities. As a result, the overall number could be higher than reported.

Of the 122,000 individuals held in solitary confinement nationwide, 56.8 percent are in state prisons, 33.7 percent in local jails, 9.0 percent in federal prisons, and 0.5 percent in federal jails.

The report places California second in total prison population at 121,678 in state and federal prisons. In addition, the state ranks third with 4,742 individuals in solitary confinement, also known as restrictive housing. Florida ranks first with 10,926 individuals in solitary confinement, followed by Texas at 5,492.

The Mandela Act

The California Act illuminates a pressing human rights concern of our time: the practice of solitary confinement. This bill, backed by a broad coalition of organizations dedicated to human rights, criminal justice, immigration detention, and disability rights, aims to end the use of solitary confinement in California's correctional facilities.

The bill comes after a growing movement that produced recent solitary confinement bills signed into law in New York and Colorado. In addition, it was inspired by the United Nations Rules, which date back to 1955 after the atrocities of World War II.

In 2015, the General Assembly adopted “the United Nations Standard Minimum Rules for the Treatment of Prisoners and named them in honor of the late president of South Africa, “The Nelson Mandela Rules.” As a result, it affirmed that extended solitary confinement constitutes torture and may have lethal consequences.  

“It’s torture—a living nightmare. You hear screams and witness suicide attempts. There are no windows, no access to mental health or educational programs,” recounted Michael Saavedra, who spent more than 19 years in prison, 15 of which were in solitary confinement.

The bill gained momentum in the 2022 legislative cycle when it passed both houses of the State Legislature, leaving people hopeful that this practice could soon be part of history. If it passed, thousands of individuals currently placed in harsh conditions of solitary confinement would be removed. 

“For two years in a row, we were able to get the bill through the Legislature, with a supermajority in the assembly,” said Hamid Yazdan Panah, Advocacy Director with Immigrant Defense Advocates (IDA). “But Governor Newsom vetoed it,” he added.

The movement dealt another blow in 2023 when it did not pass, but the coalition continued to fight.

“The Mandela Act garners support from members of both the Democratic and Republican parties, grassroots organizations, and individuals advocating for human rights,” remarked Alex Mensing, Communications Manager for the California Collaborative for Immigrant Justice (CCIJ).

Solitary Confinement In The United States

The first experiment with solitary confinement in the United States occurred in 1829 at Eastern State Penitentiary in Philadelphia. This was based on a belief by Quaker leaders Dr. Benjamin Rush, Benjamin Franklin, and several others that being isolated in a stone cell with only a Bible would cause people to repent, pray, and find themselves in a soul-searching experience.

To their surprise, a significant portion of the people detained succumb to anger, take their own lives, or become incapable of reintegrating into society.

Solitary confinement involves isolating individuals in small, enclosed cells for up to 24 hours a day, with little to no human interaction, often lasting from days to decades. This practice of solitary confinement stands alone as one of the most brutal and detrimental practices in detention facilities today.

International organizations like the United Nations and the World Health Organization acknowledge its harmful practice.

In 2016, the National Commission on Correctional Health Care guided correctional health professionals, stating that confinement exceeding 15 consecutive days constitutes, “inhumane, degrading treatment and poses risks to an individual’s health.”

As of November 1, 2023, with Governor Newsom's directive, the California Department of Corrections and Rehabilitation (CDCR) reformed its use of solitary confinement and restricted housing. The CDCR reform “offers a behavior-based housing model that focuses on providing the most programming opportunities for incarcerated people in the least restrictive setting, while still maintaining the safety and security of institutions.”

Since the reform was implemented, the CDCR now states on its website that they do not have solitary confinement.

“This is a case of attempting to distort reality by refusing to define solitary confinement or acknowledge its existence,” remarked Hamid. “They have numerous other terms they try to use, including ‘restricted housing,’ but none acknowledges exactly how much time a person is allowed out of their cell. Their strategy allows them to deny that they use solitary confinement by simply refusing to define it,” said Hamid.

Although Newsom’s reform claims to modify the situation for those inside jails or prisons, the conditions have not changed—only the language used to document the situation has changed.   

Newsom’s Support For Solitary Confinement

Before this week, the Mandela Act legislation was in the Senate, hoping to make it to the governor’s desk this season. “There are indicators right now (before August 20th) that Newsom will not approve it again,” added Hamid. The coalition worked with over 30 organizations that back the bill, which stands on a solid foundation of support from numerous individuals and human rights organizations.

On Monday, their movement encountered another setback when Assemblymember Holden announced they would not advance the bill to the governor’s desk because Newsom would veto it again.

The California Mandela Campaign published a statement, “The Governor has betrayed the progressive—or even moderate—values that he purports to uphold when it comes to solitary confinement, which he seems to have forgotten constitutes literal torture.

To put it simply, he is extremely weird when it comes to solitary confinement. While Governor Newsom has claimed to believe the issue is ripe for reform, his actions have effectively killed AB 280 and undermined any attempts for change.”

Newsom paints himself as a champion of human rights but has yet to sit down with advocates and listen to what they have to say. “Newsom has refused to talk to those who experienced solitary confinement in his state— a state where the correctional system he is in charge of,” said Alex. “Every day, there are people in solitary confinement experiencing torture, and Governor Newsom is fine with it.”

Despite Governor Newsom’s choice to block reform efforts, solitary survivors, advocates, and civil rights organizations rallied at the capitol and vowed to fight. Advocates noted that the Governor’s office communicated to the campaign that they would not sign any legislation related to restricted housing this year. However, this will not stop advocates from supporting the call to end solitary confinement.

“Everyone we’ve met to talk to about the Mandela Act campaign supports it. Newsom is the only person who does not, and it is up to him,” said Alex.

Abraham Marquez is a freelance writer from Inglewood. Focusing on sports, politics, culture and social movements.