By Josh LaBella
Journal Inquirer, Manchester, Conn.
MANCHESTER, Conn. — The state’s prisons will no longer use in-cell shackling following a settlement between civil rights organizations and the Connecticut Department of Correction, officials say.
In a release, the American Civil Liberties Union Foundation of Connecticut said the settlement resolves a case challenging DOC’s in-cell shackling of prisoners with mental illness.
“CDOC’s in-cell shackling involved chaining a prisoner’s legs and wrists, binding their hands to their feet with a tether chain, and then leaving them locked in their cell for hours or even days,” the release said.
Andrius Banevicius , a spokesperson for the DOC, said in a release that the agency will discontinue the use of in-cell restraints effective Sept. 1 .
“The settlement reflects the Department’s ongoing commitment to policies and procedures that prioritize safety, appropriate care, and basic human dignity,” he said. “The agreement balances the safety of staff and that of the incarcerated population with the Department’s mission to provide humane conditions of confinement.”
Banevicius said the settlement allows for the use of full stationary restraints under certain circumstances, such as when an individual is engaging in acts of self-harm or is posing a serious threat to themselves, other incarcerated individuals or staff. He said in-cell restraints are generally devices such as handcuffs, leg irons, waist restraints and other restraints used to limit and individual’s movement while housed in a cell.
The agreement states that full stationary restraints be limited to devices that are soft, wide and flexible, according to Banevicius. He said there are also provisions in the settlement that include staff training, revised protocols and ongoing oversight and internal auditing to ensure consistent compliance across all correctional facilities.
“This agreement serves as a continuation of the progress we have made using mental health interventions and de-escalation techniques as appropriate alternatives to more restrictive practices,” Interim Commissioner Sharonda Carlos said. “I remain committed to providing the training and resources necessary to help correctional staff to safely manage challenging situations without the use of in-cell restraints.”
ACLU-CT said the longtime practice of in-cell shackling prisoners with mental illness was severely psychologically damaging and physically abusive. It said experts have identified it as particularly harmful for persons with mental illness because prisoners were often shackled in response to symptoms of mental illness with little medical or mental health oversight.
The shackling worsened their symptoms and often led to attempts at self-harm, according to ACLU-CT. The settlement also calls for the DOC to implement other reforms designed to avoid the unnecessary and harmful restraint of prisoners with mental illness.
“The agreement reflects years of advocacy and makes significant progress toward ensuring that people with mental illness receive adequate care and are not subjected to punishment on account of their mental health,” it said.
Jaclyn Blickley, a staff attorney for ACLU-CT, said the settlement is an important step toward ensuring that Connecticut prisons treat people with mental illness with dignity and care.
“The state cannot subject people with mental illness to abuse, and we will continue to hold the Connecticut Department of Correction to the commitments they have made to changing their practices,” she said.
The settlement comes after a lawsuit filed by ACLU-CT, Disability Rights Connecticut and Morrison & Foerster in 2021. In it, the civil rights groups claimed the state was violating the rights of mentally ill inmates by subjecting them to isolation and in-cell shackling.
Days after the lawsuit was filed, Lamont announced the closing of Northern Correctional Institution, the state’s “supermax” prison that housed inmates considered to have disciplinary problems in isolation cells. Lamont also issued an executive order in June 2021 that limited the use of isolation and in-cell restraints.
The civil rights groups argued the changes did not go far enough, and in their filings cited examples of inmates who were mentally ill and had been continually placed in shackles or isolation to deal with behaviors such as head-banging and compulsive self-cutting symptomatic of their illness.
Will eliminating in-cell shackling improve outcomes for inmates and staff, or create new operational challenges?
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