Lecture 7B: Administrative Segregation Flashcards
What is Administrative Segregation? Can it be voluntary?
- Administrative segregation is solitary confinement, it can be a disciplinary action or involuntary/voluntary. It can be voluntary; you can choose to be there for safety reasons.
What are the reasons for the recent reform regarding administrative segregation?
Recently there have been multiple cases (Ashley Smith, Edwawrd Snowshoe, Jessie Mcadam, Christopher Roy) that have resulted in death in custody, thus, administrative segregation has been under fire. Controversy about whether AS causes mental health symptoms.
Identify at least 3 factors that might impact the effects of administrative segregation on offenders’ physical and psychological symptoms
- Duration of AS
- Services available in AS
- individual pre-existing conditions
- physical conditions of AS
- staff interaction and training
- uncertainty of release
- measurement of symptoms
What is Bill C-83? What were 2 findings by the courts regarding administrative segregation and its use in Canadian prisons?
- Bill C-83 makes some important changes for CSC, including the elimination of administrative and disciplinary segregation. Authorizes the Commissioner to designate a penitentiary or an area in a penitentiary as a SIU.
- Being in AS was a cruel and unusual punishment and it contravened the conditional corrections and release acts.
- It will transform the correctional system while ensuring that our institutions provide a safe and secure environment that is conducive to inmate rehabilitation, staff safety and the protection of the public.
- It will also help ensure that our correctional system continues to be progressive and takes into account the needs of a diverse offender population.
What are the Structured Intervention Units?
- SIU’s are intended to be different than administrative segregation in meaningful ways. SIU’s are intervention focused, security-minded environment
- Targeted interventions and programming tailored to address their specific and unique risks and needs.
- SIU provides inmates with: The opportunity to be outside of their cell at least four hours a day – seven days a week. -Included in the four hours is the opportunity for meaningful interaction with others for at least two hours a day – seven days a week.
- Facilitate reintegration into a mainstream population as soon as possible.
- A safe and secure environment
What are the RASP and the RAST?
Risk assessment tools for people who are at risk to be involved in administrative segregation.
- RASP is American (risk assessment for special populations). The RASP has an AUC .76 and includes age, sentence length, violent offense, gang affiliation, mental illness and custody rating.
- The RAST is Canadian has an AUC .80 and includes age at admission, prior convictions, prior violence, AS on previous federal, , sentence length and criminal versatility.
- The goal here for both of these two risk assessment tools is to see if on the basis of existing data, they could identify people at risk of going into AS for the expressed purpose of providing preventative intervention to limit that occurrence
What is segregation in Ontario?
- There is no legislated definition
- Regulation 778 authorizes the use of segregation
-There are two official types of segregation in Ontario:
Close Confinement and Administrative Segregation
What is the Mandela rule?
-Mandela rule duration should be set at 15 days (benchmark- after which person is required to be released)
What are the key issues of administrative seg?
- Duration of AS (UN recommended indefinite solitary confinement should be abolished)
- Oversight and mechanism for redress
- Access to care (patient advocacy and programming)
- Transition back to regular cell/range
- Safety of staff and other offenders
Does AS cause mental health symptoms (courts ruled cruel and unusual punishment)?
Two polarized camps:
- One camp argues AS causes serious mental health symptoms (The courts have consistently ruled in favour of this group).
- Another group argues the empirical evidence is unconvincing.
What 3 major concerns does the commission have about structured intervention units?
Are SIU’s truly different from AS?
- It reflects a narrow, technical definition of isolation that puts prisoners and the protection of their rights at risk.
- It contains insufficient protection against the adverse effects of isolation, related to prohibited grounds of discrimination.
- It lacks independent, external review and oversight, but there is an Independent External Decision Maker.
What are the programming models for AS?
- Enhanced RNR
- Mental Health focus
- Goal is transitioning back to regular population
- Several ongoing studies piloting these new interventions
What are the two most important grounds used for placement in AS?
- The grounds for SIU placement would remain virtually identical to current segregation law. ln other words, an inmate could be placed in a SIU if the warden believes, on reasonable grounds, that he or she jeopardizes their own safety or that of any other person, or the security of the institution.
- It’s important to note that these are the two most-used grounds for placement in administrative segregation.
- Today, there are 380 segregated inmates in CSC facilities. Just under half of the segregated population is held there voluntarily, meaning they seek out or request to be placed in segregation out of fear for their own safety and well-being.
