AUSTIN, Texas - Texas is one of only 10 states that allows juvenile justice centers to use solitary confinement indefinitely to punish children, according to a new report.
The survey by the national law firm Lowenstein Sandler found 21 states now prohibit punitive isolation and 20 others impose time-limits.
Patrick Bresette, executive director with the Children's Defense Fund of Texas, says time-outs to separate a juvenile from the rest of the population can be useful, but solitary confinement isn't the answer.
"But the practice that has no real limits in law that allows administrative approval to just kind of snowball and add up to hours and hours and hours and days and days of solitary confinement, that's clearly damaging," he says. "And it would be good for us to have a policy that really restricted that use as much as possible."
Bresette notes the report's in-depth research can be an important tool for state legislators already committed to juvenile justice reform and says the Children's Defense Fund will work with other Texas groups to advance the issue in the next session.
Half of all suicide victims in juvenile detention nationally were in isolation at the time they took their own lives, according to the report, noting concerns expressed by former Attorney General Eric Holder, and 62 percent had a history of solitary confinement.
Mark Soler, executive director with the Center for Children's Law and Policy, says isolation has an especially profound impact on young people.
"Solitary confinement causes a variety of harms to children," he says. "Including psychological and emotional harm, increased anxiety, depression, psychosis on some children, increased risk of suicide and self-harm."
Soler adds increasing staff at facilities is also important. He says after 14 hours on the job, staffers have no patience when children act up, and lock them up instead of taking time to de-escalate a situation.
The report found young people have been held in solitary confinement for up to 23 hours a day, often with no human interaction and, in some cases, children were held in small rooms with windows that were barely the width of their own hands.
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A package to improve public safety is moving ahead in the California state Legislature - with a floor vote in the State Assembly on the first bill expected this week.
Assembly Bill 2215 puts into statute that police officers have the discretion to send people arrested for low-level offenses directly to supportive services.
Anthony DiMartino - government affairs director with the nonprofit Californians for Safety and Justice - said sometimes public safety is best served when people avoid arrest and instead get therapy, addiction support or help getting a job.
"We're also hoping to raise awareness that this is something officers can do, and then also encourage partnerships more with officers to look at what's in their community," said DiMartino, "as alternatives to jail booking."
A second bill would increase transparency and accountability on money sent to the counties as part of the Public Safety Realignment.
A third bill would require police officers, prosecuting attorneys and investigators to identify themselves any time they're interviewing a family member of someone killed or severely injured by police.
DiMartino said they also support AB 2499, which would ensure that survivors of violent crime and their family members can take unpaid time off work to address safety concerns and heal.
"We're hoping to broaden the scope a bit," said DiMartino, "and make it more clear that family members of victims are able to also tap into unpaid leave to support their family member that has been a victim."
A fifth bill would make it easier for justice-involved people and crime victims to speak freely during restorative justice programs - by making the communications inadmissible in other legal proceedings.
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Missouri went through with its first execution of the year, as Brian Dorsey was put to death last night, just after 6 p.m. CT.
The U.S. Supreme Court on Tuesday declined to stop Dorsey's execution. He was convicted of murdering his cousin Sarah Bonnie and her husband Ben nearly 20 years ago.
The advocacy group Missourians to Abolish the Death Penalty launched several recent campaigns on Dorsey's behalf to spare his life.
Jenni Gerhauser, a cousin to both Dorsey and Sarah Bonnie, expressed belief in his redemption.
"Brian is more than the worst moment of his life," Gerhauser stressed. "There is so much more to him."
Gerhauser fondly remembered him as fun and charming from their visits during holidays. Dorsey's current lawyers said he was in a drug-induced psychosis when he killed the Bonnies in 2006 and his attorneys at the time had been offered money, preventing them from fighting the death penalty with his guilty plea deal.
Gov. Mike Parson confirmed Monday the state would move forward with Dorsey's death sentence, rejecting a separate request for clemency. More than 70 current and former corrections officers had urged the governor to commute Dorsey's sentence, arguing he had been rehabilitated.
Claudia Boyce, also a cousin in the family, said it should not be a decision for the state to make.
"You know, that's supposed to be God's decision, not ours," Boyce contended.
Dorsey received a lethal injection Tuesday evening. Lethal injection became an option for people on Missouri's death row in 1987, alongside lethal gas.
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Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.
If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.
Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.
She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.
"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."
The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.
The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.
According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.
Nationwide, long sentences have led to growth in the number of older people behind bars.
Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.
"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."
Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.
Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.
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