May 4, 2001

Honorable James P. Jajuga

Chair, Public Safety Committee

State House, Room 216

Boston, MA 02133

Honorable Timothy J. Toomey, Jr.

Chair, Public Safety Committee

State House, Room 39

Boston, MA 02133

Dear Senator Jajuga and Representative Toomey:

On behalf of the Mental Health Legal Advisors Committee (MHLAC), I am writing to express our strong support for An Act Relative to the Confinement of a Prisoner to an Isolation or Disciplinary Unit in a Correctional Institution (H. 3975).

This bill would limit periods of disciplinary confinement in departmental disciplinary units (DDUs) to no more than fifteen days, the current limit on other types of isolation imposed by the Department of Correction for discipline. Currently, no limits exist on sentencing to a DDU in Massachusetts. Some individuals have been sentenced to over ten years in DDU. Experts report that confinement in a DDU has essentially the same effect as confinement in other isolation units: potential for severe psychiatric harm, psychotic decompensation, increased likelihood of violence, and interference with the ability to successfully reintegrate with the larger community.

MHLAC is charged by the Legislature with advocating for and representing the rights of people with mental illness throughout the Commonwealth. In keeping with this mandate, we recognize the importance to treating civilly and criminally confined individuals with dignity and compassion. Given that most of the individuals so confined will ultimately be released to our communities, it is essential to use the period of confinement to best prepare individuals for their eventual discharge. A large part of this preparation involves providing treatment for mental health and related problems. Confinement in DDUs not only does not prepare individuals for release, but it in fact creates in confined individuals the very kinds of psychiatric problems which we would ordinarily wish to treat. It makes little sense to invest resources on the one hand to mental health treatment and, on the other, to create the very conditions we aim to contain.

Recognizing the harm caused by isolation units, the Massachusetts Legislature limited their use to 15 days. The Legislature should now close the loophole which has developed in this law which has allowed for long-term confinement to DDUs.

Thank you for your consideration of this matter. If we can provide any additional information, please do not hesitate to contact me at extension 25.

Very truly yours,

Jennifer Honig

Staff Attorney

c: Members, Public Safety Committee

Rep. Benjamin Swan