ACLU, state file plans to reduce solitary confinement at uncivilized teen prison

JSOnline

The state Department of Corrections and teen inmates filed plans with a federal judge late Friday to dramatically reduce the use of solitary confinement and pepper spray in Wisconsin's juvenile prison complex.

U.S. District Judge James Peterson last month ordered those plans to be written after he found teen inmates' constitutional rights were likely being violated at Lincoln Hills School for Boys and Copper Lake School for Girls. 

The Department of Corrections and the inmates differed on many aspects of the plans, such as the maximum amount of time juveniles could be held in isolation and how soon new rules should take effect. Peterson is expected to decide those details in the coming weeks. 

Inmates at the prison complex 30 miles north of Wausau sued in January. They are being assisted by the American Civil Liberties Union of Wisconsin and the Juvenile Law Center.

At least four other lawsuits have been filed over incidents at the prison and the FBI is conducting a criminal investigation into prisoner abuse and child neglect there. 

Peterson last month ruled the state must curb the use of restraints, pepper spray and solitary confinement as the lawsuit continues. 

The two sides had to file their plans by Friday, and they did so a couple of hours before their midnight deadline. 

Under their proposal, juvenile inmates could be placed in solitary confinement only if they posed safety risks or committed violent offenses at the prison. That would end the practice of putting teens in solitary confinement for breaking minor prison rules.

Those in solitary confinement would be held there for much shorter periods than they are now.

Prison staff would have to review those held in solitary confinement because of safety concerns every four hours to determine if they still needed to be there.

The two sides differ on how long inmates should be held in solitary confinement as a form of punishment.

The ACLU wants a maximum of three days, with no possibility of extensions. The Department of Corrections wants a maximum of seven days per offense, which would allow the prison to hold inmates in solitary for long periods if they had multiple violations.

The maximum stint under current rules is 60 days, though sometimes that is exceeded.

Under the proposal, those in solitary confinement would regularly see mental health professionals, receive education and therapy and get time out of their cells to exercise and interact with their peers.

Now, some inmates are kept in solitary confinement 24 hours a day.