California faces a tough reality as a budgetary shortfall threatens to undercut many of the social programs we have invested in. While the legislature and the Governor have made a budget deal for 2024, our state will have to continue to explore ways to save money and while pursuing strategic investments. One potential solution that has yet to be explored could yield significant savings, while enacting smart criminal justice reform. By reducing the state’s reliance on solitary confinement California can save money and save lives.
Solitary confinement, also known as restricted housing, isolates individuals for 22 to 24 hours a day in cramped cells. While some argue it’s necessary for safety, overwhelming evidence suggests the opposite. Studies show prolonged solitary confinement increases the risk of mental illness, self-harm, and recidivism. Studies have also shown that using solitary confinement does not make carceral facilities safer.
It may seem counterintuitive that reducing solitary confinement would create substantial savings, but the numbers do not lie. A 2023 policy brief by the California Research Bureau estimated that reducing solitary confinement could lead to up to $400 million dollars in savings to the state.
This is also inline with previous projections put forth by the California Legislative Analyst’s Office in 2017, anticipating more than 50 million dollars in savings as the result of converting various solitary confinement units following the Ashker v. Brown settlement. The LAO noted in their analysis “Because security housing units require more custody staff than most other units, these conversions would result in net savings.”
Advocates and formerly incarcerated individuals have also put together their own cost estimates that show that these savings are not only possible, but that CDCR has even touted the benefits of shifting away from isolation and towards rehabilitation models focused on programming and human interaction.
But that may be just the start of additional savings. When New York passed the HALT Act to limit solitary confinement, opponents claimed it would cost billions of dollars and lead to the creation of new prisons. What happened in practice is exactly the opposite. The HALT Act has been credited for helping closing six prisons in New York, and has stood as a landmark bill on the issue of solitary confinement reform.
Imagine the possibilities if we redirected these funds. California could close down entire prisons, saving millions in operational costs. These resources could then be invested in rehabilitation programs – proven to reduce recidivism and ultimately, crime rates. This creates a safer society, all while saving taxpayer dollars.
That is why Governor Newsom should sign my bill AB 280 also known as the California Mandela Act on Solitary Confinement. The bill is modeled after the HALT Act, and introduces important safeguards against the harm posed by solitary confinement to California’s jails, prisons and private detention facilities. This includes ending the use of solitary confinement against certain populations, and introducing a 15 day limit on the practice that is inline with the United Nations so-called “Mandela Rules.”
What this bill does not do, despite what opponents have claimed, is end the use of individual housing or separate housing when necessary. The bill allows a facility to isolate someone in a single cell beyond the 15 day limit if that is what is needed. What the bill does require in those cases is that this person is provided human contact and out of cell time in a safe and appropriate manner.
The California Mandela Act should be a watershed for California’s policies on incarceration and fiscal prudence. It is time that we act with the same sense of urgency to address systematic abuses in our carceral facilities, as we have in slashing health and human services programs.
California doesn’t need more cages; it needs smarter solutions. By prioritizing reform over punishment, we can create a more humane and cost-effective approach to incarceration. Let’s turn the tide on solitary confinement, close down unnecessary prisons, and invest in a future where rehabilitation, not isolation, is the key to a safer California.
Chris Holden represents California’s 41st Assembly District.
