Supermax Prisons and the Constitution: Liability ... - Supermaxed

6Supermax Prisons and the Constitution: LIABILITY CONCERNS IN THE EXTENDED CONTROL UNITsystem. The phrase “worst of the worst” has beenused to characterize the ECU population.In many respects, the ECU resembles the traditionallong-term administrative segregation unit,which typically remains in a prison system whenan ECU is introduced. The ECU takes the mostchallenging inmates from the administrative segregationunit. It is, in a sense, a “super” administrativesegregation unit.Placement of an inmate in an ECU generallyresults from a classification decision, not a disciplinaryviolation. The assumption underlying anECU placement is that it will be for a relativelylong time. Even in ECUs that include a programof levels or steps by which inmates can earn theirway back to less restrictive housing, progressthrough most of the levels takes several months orlonger. An inmate placed in an ECU is likely toremain there for at least 12–24 months, if notlonger.overclassifying inmates into very expensiveprison beds.All ECUs are not the same, and conditions forindividual inmates within an ECU may depend onthe inmate’s level of progress toward removalfrom the unit. Some common characteristics ofECUs at the strictest levels include the following:■ Inmates are locked up 22 to 23 hours per day.■ Inmates have very limited contact with otherpeople—staff or other inmates.■ Exercise is limited to no more than 1 hour aday, 5 days a week.■ As few as three showers per week areallowed.■ Commissary, visiting, telephone, and libraryprivileges are much more limited than thoseavailable to the general prison population.ECUs are intended to hold inmates who requirethe highest level of security, but the percentage ofinmates who fit this category varies widely fromstate to state. A survey conducted by the NationalInstitute of Corrections in 1996 found that 28states and the Federal Bureau of Prisons had orwere developing “supermax” housing as definedby the survey. 4 Of these 29 systems, 11 indicatedthat 1 percent or less of all inmates were in thesupermax category, 7 indicated 5–8 percent, and 1state said that 20 percent of its inmates requiredsupermax housing. The survey findings raise thequestion of whether some jurisdictions may be■■Inmates have little or no access to work, religiousactivity, rehabilitation, or other programsor activities to occupy time. Almostcomplete idleness is the norm. Any availableprograms or services are usually offered inthe cell or at the cell front. Some facilitiesnow offer limited programming via closedcircuit TV.When inmates leave their cells, they are inrestraints and usually are escorted by morethan one officer. If an escort is unavailable,the out-of-cell opportunity may be lost.4“. . . a free-standing facility or a distinct unit within a facility that provides for the management and secure control ofinmates who have been officially designated as exhibiting violent or serious and disruptive behavior while incarcerated.Such inmates have been determined to be a threat to safety and security in traditional high-security facilities, and theirbehavior can be controlled only by separation, restricted movement, and limited direct access to staff and other inmates.”National Institute of Corrections (NIC), Supermax Housing: A Survey of Current Practice, Washington, DC: U.S.Department of Justice, NIC, 1997, p. 1.