Skip to content
Part of the Law Professor Blogs Network

“Calculating Torture: Analysis of Federal, State, and Local Data Showing More Than 122,000 People in Solitary Confinement in U.S. Prisons and Jails”

The title of this post is the title of this notable new report from the group Solitary Watch.  Here is the report’s introduction (with cites removed):

Solitary confinement is a torturous and deadly practice.  Prisons, jails, and detention centers inflict solitary confinement disproportionately on Black people, Latino/a/x people, Native people, and other people of color.  Decades of research have attested to the lived experience of people who have been incarcerated and their loved ones, corroborating that solitary causes devastating harm to physical, mental, and behavioral health and is counterproductive to any goals of safety.  Any length of time in solitary confinement — days, or even hours at a time —can have severe consequences.

While there has been a growing recognition of the need to end solitary confinement, and some groundbreaking policy changes have shown movement in that direction, the use of solitary confinement in prisons, jails, and detention centers across the United States remains common and widespread.

This report provides the first ever comprehensive accounting of the total use of solitary confinement in both prisons and jails across the United States.  Analysis of data recently released by the federal Bureau of Justice Statistics (BJS) and by two state prison systems that did not report to BJS, as well as data from a survey of local jails conducted by the Vera Institute of Justice, reveals that state and federal prisons and local and federal jails in the U.S. have reported on a given day locking a combined total of more than 122,000 people in solitary confinement for 22 or more hours.

These newly available numbers come closer than have any previously published figures in accounting for the number of people in solitary confinement. Yet they still undoubtedly undercount the number of individuals who experience solitary and the number impacted by it.

To begin with, the numbers are self-reported by correctional systems.  Further, they cover only solitary confinement that involves being locked in a cell 22 or more hours a day.  They do not include various informal or transient forms of solitary confinement such as group lockdowns or quarantines, nor do they include so-called alternatives that amount to solitary by another name.

In addition, the figures represent a snapshot of the number of people in solitary confinement at a given moment in time, while many times that number are locked in solitary during the course of a year.

Moreover, the numbers include only people in prisons and jails. Immigration detention facilities lock people in solitary confinement nearly 9,000 times a year, and children and other young people in youth facilities continue to be subjected to solitary. 

Even given all these excluded factors, the numbers far exceed those of other recent counts, which, in the absence of more comprehensive figures, have been widely quoted by media outlets and even scholars and advocates. 

Solitary Watch has been investigating and documenting the widespread use of solitary confinement for more than a dozen years to increase awareness of and accountability for this humanitarian crisis.  The Unlock the Box Campaign and activists across the country have been urging policy makers at the local, state, and federal levels to build on recent efforts to end or limit the use of solitary and to take much more substantial action to significantly reduce or eliminate its use.  Together, we believe that accurate information — including the most comprehensive possible count of the numbers of people in solitary confinement — is critical to creating change.