senate joint resolution NO. 34
A joint resolution of the Senate and the House of Representatives of the state of montana requesting an interim study on ALTERNATIVES TO solitary confinement in state and county institutions in Montana.
WHEREAS, solitary confinement means to house an adult or juvenile with minimal or rare meaningful contact with other individuals; and
WHEREAS, solitary confinement is referred to in a variety of ways, including administrative, protective, or disciplinary segregation, lockdown, and secure housing; and
WHEREAS, there has been increased controversy about the use of solitary confinement in the nation's jails, prisons, and juvenile detention facilities; and
WHEREAS, the National Commission on Correctional Health Care found that "it is well established that persons with mental illness are particularly vulnerable to the harms of solitary confinement"; and
WHEREAS, a task force appointed by the United States Attorney General found in 2012 that solitary confinement of juveniles produces symptoms of "paranoia, anxiety and depression even after very short periods of isolation" and that these youth who spend extended time in isolation are most likely to attempt or actually commit suicide; and
WHEREAS, the National Commission on Correctional Health Care has found that solitary confinement that lasts more than 15 days is cruel, inhumane, and degrading treatment and harmful to an individual's health and recommends that solitary confinement be eliminated for juveniles and the mentally ill; and
WHEREAS, solitary confinement is a practice that is currently used in Montana with individuals who are detained by the state for various offenses; and
WHEREAS, from 2017 to 2018, the Legislature commissioned and completed a study documenting the extent of the use of this practice in Montana with juveniles and adults; and
WHEREAS, studies released after Montana's last study have documented that solitary confinement can result in "paranoia, hallucination, suicidal ideation, feelings of impending doom, decline in mental functioning, insomnia, nightmares, and many other symptoms related to severe depression and anxiety"; and
WHEREAS, a federal judge in the Third Circuit Court of Appeals explained that "there is not a single study of solitary confinement wherein nonvoluntary confinement that lasted for longer than 10 days failed to result in negative psychological effects"; and
WHEREAS, in February 2021, a federal judge in the Second Circuit Court of Appeals stated that "[p]rolonged solitary confinement is one of the true horrors of the modern-day penal system"; and
WHEREAS, correctional systems must not engage in practices that alter offenders' mental health to make it more difficult for them to integrate successfully into law-abiding individuals on their release from jail or prison.
Now, therefore, be it resolved by the Senate and the House of Representatives OF THE STATE OF MONTANA:
That the Legislative Council be requested to designate an appropriate interim committee or statutory committee, pursuant to section 5-5-217, MCA, or direct sufficient staff resources to examine alternatives to the use of solitary confinement in state and county institutions in Montana.
BE IT FURTHER RESOLVED, that the study review:
(1) existing solitary confinement practices in Montana jails, prisons, and juvenile detention facilities;
(2) the reasons that solitary confinement is utilized in each institution;
(3) facility, state, or county policies in place regarding the use of solitary confinement for juveniles and individuals with mental illness;
(4) changes that can be made to reduce or eliminate the use of solitary confinement for juveniles and individuals with mental illness;
(5) methods used in other states that have effectively reduced or eliminated the use of solitary confinement for juveniles, individuals with mental illness, and all adults; and
(6) methods used in other countries that have effectively reduced or eliminated the use of solitary confinement for juveniles, individuals with mental illness, and all adults; and
(7) the recidivism rates of those placed in solitary confinement in Montana jails, prisons, and juvenile detention facilities as opposed to those who have not been placed in solitary confinement;
(8) the recidivism rates of offenders from jurisdictions who do not use solitary confinement in their jails, prisons, and juvenile detention facilities; and
(9) other related topics that the committee considers relevant to a better understanding of the topic.
BE IT FURTHER RESOLVED, that if the study is assigned to staff, any findings or conclusions be presented to and reviewed by an appropriate committee designated by the Legislative Council.
BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review requirements, be concluded prior to September 15, 2022.
BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions, comments, or recommendations of the appropriate committee, be reported to the 68th Legislature.