Collective Punishment on Steroids
Recently, it has become clear that sanctions normally designed to penalize the negative behavior of an individual are being imposed on an entire unit, or even facility. For example, an individual assaults an officer, or a fight breaks out between a couple of AICs, and the entire unit of 120 men is locked down for weeks. Or contraband comes in through the mail and the entire prison is shut down. A few cases in point:
- On Aug. 9, the mailroom supervisor at USP Atwater (CA), died after opening a letter containing pages that appeared to be “soaked” with a substance. Although one individual inside and two in the community were pretty quickly indicted in connection with the alleged drug smuggling, the entire prison of 1,078 men were immediately locked down 24/7 until they began being gradually let out on Sept. 30.
- On Aug. 14, FCI McKean (PA) reported contraband coming in through the mail and locked down all 930 AICs. Around Aug. 20, an AIC-on-staff assault occurred, and the lockdown was extended. In a memo sent outside by an AIC on Sept. 19, the warden said, “…the timeline for transition back to normal operations will be dictated by inmate behavior.” It was not until Oct. 7 that the lockdown was gradually lifted.
- Since Atwater, concerns about drugs coming in via AIC smuggling have spiked, along with seemingly kneejerk reactions. At FCI Thomson (a low-security institution!), a memo was issued saying, “…possession and/or distribution of hard contraband will not be tolerated and (AICs) will be held responsible. Due to recent events, the following restrictions will be in place effective Tuesday September 17, until further notice:
- Monthly commissary spending limits reduced to $50 (from $350).
- Inmate telephone privileges reduced to two 5-minute calls per day (from 15 minutes, unlimited).
- Inmate emails reduced to five per day.
- Outside recreation yard is closed.
- And then this week, we received this report from FCI Sheridan (OR): “Everyone in our unit lost our commissary privileges because we didn’t score high enough in the sanitation inspection. No, it was not because our unit was dirty. They scored us low because some people had gotten a second mattress somehow to make their beds more comfortable. Why penalize us all? And why this way? This is the only place I have been in where they do not want us to spend money in the commissary.”
The BOP has always used collective punishment as a tool, albeit on a limited, tempered scale. For instance, a messy TV room in a particular unit might be closed for a few days to send a message that good sanitation is important. The belief is that peer pressure just might solve the problem. And when a larger-scale fight or other disturbance occurs, it is often practical to lock down the facility for mass interviews and cell checks for weapons. But that process typically only requires a few days (although there are rare exceptions, like when one gang targets another, even causing threats at other facilities). And in the case of the death at Atwater, closing down the prison for maybe a week or two allowed the staff to work through their grief and anger without allowing an opportunity for those emotions to spill over into altercations with AICs.
However, mass lockdowns should be used sparingly and lifted as soon as possible – with special attention paid to impact on family visits. The negative impact of lockdowns should be considered along with any immediate benefit. These adverse ripple effects were documented in this analysis of a suicide that occurred this summer at USP Victorville (CA).
And some of these actions, such as revocation of commissary privileges, are supposed to be sanctions imposed on individuals by a disciplinary hearing officer (DHO) – not as a generic action imposed on a collective basis.
And when it comes to contraband, it also seems that the fact that contraband is also introduced into a facility by staff members who repeatedly circumvent the metal detectors. Yet no actions appear to have been taken to control this elephant in the room.
These are dangerous management practices that can themselves trigger assaults, which jeopardize the safety of both staff members and AICs – especially in higher-security facilities. Regional directors seem to have little accountability for their wardens’ decisions, and it does not appear that the central office is providing the necessary guidance for fairness and consistency. A centralized policy governing what types of collective punishment is acceptable and when, with a specific focus on lockdowns, is needed. Some facilities appear to be trying to avoid acknowledging their increased use of lockdowns by resorting to “modified” schedules, in which AICs are let out for small portions of the day, then sent back into their cells. This used to be a way to ease off of lockdowns and transition back to normal practice. But now such lockdowns have become an independent practice of their own. What is lacking is specific, nationwide standard procedures, and data that allows transparency and accountability. While there are individual, institutional contingency plans that include lockdowns for emergencies, they are not policy documents in the public domain.
When drafting the necessary policies, the BOP would benefit from following the example of the Environmental Protection Agency, conducting an impact assessments that look at both benefits and risks of its proposed actions.
Lockdowns, cancellation of visiting, limiting contact with loved ones through phone and email, and mass commissary restrictions are not reform-minded practices with rehabilitation as a mission equal to security.
