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The Connecticut Department of Correction has agreed to end its longtime practice of in-cell restraints under a settlement announced Thursday, following years of criticism over the treatment of incarcerated people with mental illness in Connecticut.
The settlement, reached with the American Civil Liberties Union and Disability Rights Connecticut, resolves a yearslong case challenging the department’s use of in-cell restraints on incarcerated people with mental illness. The agreement requires DOC to revise its policy, provide staff training on full-stationary restraints and report their use to the ACLU.
“This settlement represents an important step toward ensuring that Connecticut’s prisons treat people with mental illness with the dignity and care they deserve,” Jaclyn Blickley, an attorney with the ACLU of Connecticut, said in a statement. “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.”
According to an ACLU press release , in-cell restraints — which the ACLU refers to as in-cell shackling — involve “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.” Advocates have long argued the practice can worsen symptoms of mental illness and increase the risk of self-harm.
Kasey Considine, legal director of Disability Rights Connecticut, or DRCT, called the policy change “an important step toward protecting incarcerated people with mental health disabilities from unnecessary and harmful restraint.”
While the agreement ends the use of in-cell restraints, it still allows DOC staff to use full-stationary restraints when an incarcerated person poses an immediate risk of harming themselves or others. Full-stationary restraints involve securing a person’s arms and legs to a bed.
“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,” Interim Correction Commissioner Sharonda Carlos said in a statement.
Correction Ombuds DeVaughn Ward said in an emailed statement that he welcomed the agreement, saying the practice “raises serious concerns for safety and mental health care.”
Ward added: “Our office will monitor its implementation to ensure the reforms are carried out in accordance with the settlement, produce meaningful change, and advance the Department’s rehabilitative mission.”
The settlement follows a 2021 lawsuit filed by the ACLU on behalf of DRCT that challenged DOC’s use of solitary confinement and in-cell restraints on people with mental illnesses who were held at the Northern Correctional Institution, the state’s former “supermax” prison for high-security incarcerated people.
Shortly after the lawsuit was filed, Gov. Ned Lamont announced the closure of the institution. In June 2021, Lamont vetoed a bill, known as the PROTECT Act , that would have created an independent correction ombud;, limited isolation and restraints in prisons; and expanded visitation rights and opportunities for individuals to spend time outside their cells. Instead, Lamont signed an executive order that adopted some of the same reforms, including limits on the use of isolation and in-cell restraints. Advocates argued the order did not go far enough, and proposed a revised PROTECT Act , which Lamont signed into law in 2022.
Despite those reforms, the lawsuit continued as people with mental illnesses were reportedly still being placed in isolation and restraints at other prisons across the state, Blickley explained.
“It was signed into law, but it was never enforced,” said Barbara Fair, a criminal justice advocate and executive director of Stop Solitary CT. “Had they enforced it, in-cell restraints would not just now be getting the recognition and everything that it’s getting now.”
In their lawsuit, the civil rights groups argued that the practices violated the Eighth Amendment prohibition on cruel and unusual punishment and the Americans with Disabilities Act.
Although Fair called the settlement progress, she remained concerned about the allowed use of full-stationary restraints, which she described as “pretty awful in itself to have somebody pinned down for no-telling-how-many hours in full restraints.”
Blickley said the reporting process will “help us keep a pulse on how things are going and what else might be necessary to make sure that the benefits of the settlement are fully realized.”
Fair added that racial discrimination in state prisons remains a problem, explaining that it’s often Black men who are considered the most dangerous and placed in high-security housing units. “It is a good step, but we have a long way to go to end the inhumanity that goes on inside of Connecticut DOC,” she said.
The agreement is slated to take effect on Sept. 1.
This story was originally published by The Connecticut Mirror and distributed through a partnership with The Associated Press.
