NASHVILLE, Tenn. – A juvenile detention center in Shelby County has reduced the use of solitary confinement among children in its care, according to a new report from the Center for Children's Law and Policy and other organizations.

In 2012, an investigation by the U.S. Department of Justice found that youths detained at the Shelby County facility were discriminated against, held in unsafe conditions and subjected to solitary confinement.

Mark Soler, executive director of the Center for Children's Law and Policy, points out that confining children to their rooms without anything to do for long periods of time is an abusive practice.

"When the U.S. Department of Justice did its investigation into the Shelby County juvenile court, they found a number of serious constitutional concerns,” Soler points out. “What was happening in Shelby County is that young people were being disciplined for getting into an argument, and they were being put into their rooms for many hours at a time – long past the time when they had calmed down."

As of 2018, records show a sharp reduction in the use of room confinement, and detention center staff must now obtain permission before putting a child in confinement, according to the report.

Soler says Shelby County undertook a variety of reforms, including transferring operation of the juvenile detention center to the Shelby County sheriff, adding new programming and group activities for youths, hiring a full-time counselor, and extending visitation and phone call times.

Widespread research shows that solitary or room confinement can cause serious physiological harm to both adults and youths.

Soler says that youth, whose brains are still developing, are especially vulnerable. He also points out that flaws in the juvenile justice system mostly affect black children.

"Most of the arrests that are made of young people for allegedly committing crimes are made in a limited number of neighborhoods, and those are neighborhoods that are highly populated by African-Americans,” he states. “So, the majority of young people at the detention facility, the majority of young people in the juvenile justice system in Shelby County are African-American."

Last year, state legislators passed HB 2271, also known as the Juvenile Justice Reform Act of 2018, which, among other reforms, aims to limit the use of isolation as a tool of punishment for youths in the system.


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Advocacy organizations of differing ideologies appear to be in agreement when it comes to certain bail reform efforts in Ohio.

The Senate Judiciary Committee will hear proponent testimony on a proposed fix to an Ohio Supreme Court ruling, which said courts cannot use public safety as a factor in setting bail.

Senate Joint Resolution 5 would put a constitutional amendment on the ballot in November to allow courts to use public safety and other factors in determining the amount of bail posted.

Alan Smith, criminal justice fellow at the Buckeye Institute, a free-market public policy think tank, argued Ohio would be better served by bipartisan reform efforts in the Legislature.

"The focus here is on accused persons who are in jail because they couldn't organize bail money and people with resources can pay their way out," Smith pointed out. "There's a discrepancy there."

Senate Bill 182 and House Bill 315 would write into law the presumption for release rather than detention and greatly reduce the use of cash bail. The measures also are supported by the ACLU of Ohio, Common Cause Ohio, Ohio Conservatives for Bail Reform, and Policy Matters Ohio.

Supporters of the constitutional amendment, including the Ohio Prosecuting Attorneys Association, argued judges should not be limited in their ability to consider victims' rights and public safety. But Smith countered changing the constitution would undermine current and future legislative work.

"It may affect negatively some of the long-term work that's been put into bail reform," Smith explained. "There might be perceived conflicts because one set of rules is in the Constitution and another set would be statutory."

Smith added reducing the use of cash bail will keep people with low-level offenses out of jail and save the state money, while preserving the principle of innocent until proved guilty.

"There's a wide spectrum of ideological interest in making the system better," Smith noted. "It all comes back to public acceptance. The idea is that we could improve the system that's out there, and in that sense, I suppose improve civilization."

The Senate resolution gets its second hearing today. Its companion bill, House Joint Resolution 2, was passed by a House committee last week.

Reporting by Ohio News Connection in association with Media in the Public Interest and funded in part by the George Gund Foundation.

After a drop due to the COVID pandemic, new research found Kentucky is once again crowding more people into jails and prisons.

The Bluegrass State has one of the highest incarceration rates in the world, and some experts believe it is a direct result of state legislation keeping men and women locked up.

Carmen Mitchell, criminal justice policy analyst at the Kentucky Center for Economic Policy, which produced the report, said the state's elected officials are not doing enough to solve the problem.

"If Kentucky were a country, it would rank seventh-highest in the world for the rate of incarceration," Mitchell reported. "We have right under 22,000 people in jails; about another 9,800 people in state prisons. This legislative session that just concluded didn't make any meaningful steps to address that."

Mitchell pointed out over the past decade, several factors are driving the state's incarceration levels, including locking people up for low-level drug felonies and property crime. High rates of pretrial detention are another factor. The report noted Kentuckians remain in custody when they cannot afford bail.

Mitchell explained, like many states and countries around the world, Kentucky's incarceration levels were reduced due to pandemic health concerns, but the decrease did not last.

"We saw a major drop in the jail population, especially in pretrial capacity," Mitchell recounted. "And unfortunately though, we've been climbing back up ever since then. So, we've once again gotten back to the point where our incarcerated population in jails is exceeding even the capacity and number of beds."

In 2021, bills were passed to limit no-knock warrants and raise the dollar amounts for making some crimes felonies, but Mitchell argued the 2022 session appears to have reversed the trend.

"We pass punitive legislation at a rate of about six-to-one, with respect to legislation that might redress, address, incarceration or justice involvement," Mitchell emphasized. "That's what we normally do, and 2021 was a good outlier, and we were hoping to build on that. But unfortunately, we kind of returned to 'business as usual.' "

She added she is convinced changes would be more likely if Kentuckians let their lawmakers know they feel criminal-justice reform should be a top priority.

The Pennsylvania Department of Corrections has officially launched "Little Scandinavia," a unit in a state prison to focus on rehabilitation and reintegration.

The new unit at SCI Chester comes after a multiyear partnership with the Norwegian Correctional Service and the Swedish Prison and Probation Service. Little Scandinavia residents have access to a communal kitchen, green space, and redesigned cells, furniture and common areas.

Kenneth Eason, superintendent of SCI Chester, said it is about creating a more humane prison environment.

"You're going to see a change in culture, the rippling effect, and not just within the walls," Eason contended. "I'm speaking wellness in the men, living healthier, things introduced to them that they truly need to be successful, to move on beyond these walls and do well, and not come back."

In 2019, state prison employees traveled to Norway, Sweden and Denmark to gain experience working under the Scandinavian model for several weeks. Little Scandinavia residents will receive specialized programming to prepare them for reentry. The unit has 64 cells.

The partnership also includes a research collaboration between Drexel University and the University of Oslo to evaluate the effectiveness of the model.

Jordan Hyatt, associate professor of criminology and justice studies at Drexel, said it is about understanding how the development of Little Scandinavia affects life at SCI Chester.

"What does it mean for the men who are living on this unit? How does it change the way they see their community, themselves and being in prison?" Hyatt outlined. "In the long term, we hope to understand what this means for community reintegration. When people leave Little Scandinavia, where do they go, both from a staff perspective and for the men incarcerated?"

Data will be collected on prison climate, staff, disciplinary actions and the well-being of the people serving their sentences there. Acting Corrections Department Secretary George Little said he hopes to see a similar program implemented at one of the women's prisons as well.