DOJ Closing Letter to PA DOC re Use of Solitary Confinement on Prisoners with Mental Illness or Intellectual Disabilities, April 14, 2016
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U.S. Department of Justice Civil Rights Division Assistant Attorney General Washington, D.C. 20530 APR 14 2016 The Honorable Tom Wolf Office of the Governor 225 Main Capitol Building Harrisburg, Pennsylvania 17120 Re: Investigation of the Pennsylvania Department of Corrections' Use of Solitary Confinement on Prisoners with Serious Mental Illness and/or Intellectual Disabilities Dear Governor Wolf: This refers to the Department of Justice's investigation into the Pennsylvania Department of Corrections' ("PDOC") use of solitary confinement on prisoners with serious mental illness or intellectual disabilities ("SMI/ID"), pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. 1 Two years ago, we issued our findings that PDOC subjected prisoners with SMVID to solitary confinement under conditions that violated their constitutional rights and their rights under Title II of the Americans with Disabilities Act, 42 U.S.C §§ 12131-12134. In light of the significant improvements in PDOC's policies and practices regarding solitary confinement for this vulnerable population, we are pleased to report that we are closing our investigation. PDOC has demonstrated significant commitment to reforming its use of solitary confinement on prisoners with SMVID. It worked quickly to address concerns that we flagged starting with our initial onsite tours in August 2013. Notably, PDOC had already initiated some changes before we even issued our findings. To be sure, institutional change takes many years to fully implement, but nearly three years after we began our statewide investigation, PDOC's leadership remains committed to seeing slated reforms through to completion. Today, PDOC is headed in the right direction. 2 In deciding to close this investigation, we considered the following factors: (1) PDOC worked closely with the Department of Justice and our experts to change policies and procedures that lay the groundwork for protecting prisoners with SMI/ID from inappropriate and harmful solitary confinement that violates their rights under federal law; (2) PDOC implemented initial reforms, and we confirmed its efforts through site I We opened this statewide investigation in May 20 I 3 after our initial 2011 investigation of the State Correctional Institution at Cresson revealed statewide concerns. 2 Indeed, several of the reforms PDOC has instituted are in line with the Department of Justice's guiding principles on the use of restrictive housing. See U.S. Dep't of Justice, Report and Recommendations on the Use of Restrictive Housing 94-103 (2016), https://www.justice.gov/dag/file/815551/download.