Children in torture chambers in schools across the United States

Disturbing reports came out this week that show that children, overwhelmingly children living with disabilities, are kept in solitary confinement across the United States. In some places, the rooms are called “seclusion rooms” and, in other places, “scream rooms.” Call them what they are: solitary confinement, the hole, torture chambers.

Torture is not too grand or extreme a description. Children have committed suicide in these rooms, in schools like the ones around the corner from you. Children have come home with injuries which needed surgery. Often, staff caused these injuries. Across the country, children, and their parents, live with symptoms of posttraumatic stress disorder. The list goes on.

This is part of a national war on children. The incarceration and torture of children in schools occurs at a time when girls are being sent to jail for status offenses while boys are not. Taken together, this is the national policy of protection for children, for children with special needs, and for girls. And if you’re a girl with special needs, you’re in trouble. We have traveled far, and quickly, from the days of “suffer little children, and forbid them not, to come unto me: for of such is the kingdom of heaven.”

At the national level, the only shock here are the numbers, which are assumed to be lower than the actual incidences, and the shock, the fact that, despite report after report after report after report, each report is `surprising’. Amnesia has always been the alibi for the citizens of the Torture State. It allows us to forget that our elected representatives killed legislation that would end the policy of school-based solitary confinement. It allows us to forget that some places in the country, like Montgomery County, Virginia, have done away seclusion rooms and replaced them with healthier, more reliable systems that actually work. It allows us to forget both evidence and hope.

So as not to forget, here’s a story, taken from a US Senate staff report issued this past February. The report finds such cases occur across the country. Minnesota is an instance, not an exception:

Minnesota: In January 2004, an eight-year-old girl began attending Jefferson Elementary School in the Willmar Public School District. Her mother described her as a `little girl who loved to go to school, even though the child had been diagnosed with a communication disorder and designated as developmentally delayed with speech and language impairment at age three.

“Since kindergarten, the girl’s IEP had included a behavioral intervention plan that authorized the use of restraints and seclusions when she exhibited certain behaviors. Eventually, the school district and her mother had the child assessed by an outside evaluator, who did not recommend the use of restraints or seclusions. However, the techniques remained in the girl’s behavioral intervention plan during the 2005 to 2006 school year. The mother said she had agreed to the use of seclusion, in an area the school called a `quiet room,’ only if necessary. However, some reports indicate the girl’s teacher secluded her forty-four times in one school year.102 The girl’s mother also said the teacher made the child sit at a `thinking desk’ perfectly still for thirty minutes straight and demeaned and belittled the child when she could not hold this posture. If the girl fidgeted or made any noise, her teacher would yell at her and sometimes put her into restraints, including a prone hold.103 During one incident in April 2006, the teacher forced the girl into the seclusion room while she was on her way to the bathroom, causing the child to urinate on herself.

“Aides reported that the teacher’s classroom, which was somewhat hidden in the basement of Jefferson, was `more a punishment/torture area than a classroom,’ and `run very much like a secret room that you are not supposed to talk about.’”

Suffer the children for of such is the kingdom of heaven.

 

(Image Credit: Ward Zwart / New York Times)

Boys will be boys, and girls will be jailed

Girls are entering into the juvenile `justice’ system at an alarmingly increasing rate. One reason is that girls are arrested more often than boys for status offenses and are more severely punished for those offenses. The thing is those `offenses’ are not crimes. That’s what makes them `status’ offenses. If the girls were older, there would be no offense, no crime.

But they are girls, and they must be protected from themselves. This is the vicious cycle that has been constructed in exactly the same period that has witnessed girl power on the rise: “In a 2010 national census of youth in custody, girls comprised 16% of all detained youth but 40% of those were detained for a status offense. At one time and in some states, girls comprised more than 70% of youth detained for status offenses.” This is the United States’ program of no girl left behind. This is girls’ educational program in the United States.

Why are girls so lucky, when it comes to prison? One answer is paternalism, which expresses itself as a need to protect girls from themselves and the world; a curious comfort with “with using locked confinement to access services for girls with significant needs”; and intolerance towards “girls who are non-cooperative and non-compliant.” Boys will be boys, and girls will be jailed.

At the same time, “lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth are twice as likely as other youngsters to be detained in a juvenile detention facility for status offenses.” Why? LGBTQ youth often run away from home or, more precisely, from family rejection. According to one report, 40 percent of homeless youth self-identify as LGBTQ. Living on the streets means engaging in “survival crimes”, like theft. But it also involves an expanding and intensifying universe of so-called status offenses. Once again, LGBTQ youth are jailed to protect them from themselves.

This program for LGBTQ kids is the United States national education program. In schools LGBTQ children suffer harsher punishment, both formal and informal, for truancy, absenteeism, and dress code violations. A vicious school-to-prison pipeline drives the “non-cooperative and non-compliant” further and further into the ground … or else.

Today, the Treatment Advocacy Center released The Treatment of Persons with Mental Illness in Prisons and Jails: A State Survey. Here are the numbers: “In 2012, there were estimated to be 356,268 inmates with severe mental illness in prisons and jails. There were also approximately 35,000 patients with severe mental illness in state psychiatric hospitals. Thus, the number of mentally ill persons in prisons and jails was 10 times the number remaining in state hospitals.” Since 2008, the situation has worsened.

From girls to LGBTQ youth to those living with severe mental illness, the crime committed is that of living, of being alive. And what of those at the crossroads of this nightmare, what of young lesbians who are living with severe mental illness? They are marked as non-cooperative and non-compliant, many times over. They were never meant to survive.

 

(Photo Credit: https://youngfolksrevolution.wordpress.com)

Stop sending children to prison!

 

In 2003, children started disappearing in Luzerne County, in northeastern Pennsylvania. By 2009, over 5000 had vanished, or more precisely had been disappeared. They were sold into juvenile prison system in what some call a kids-for-cash scam. In 2011, Judges Mark Ciaverella and Michael Conahan pled guilty to wire fraud and income tax fraud.

Over a period of five or six years, two private juvenile prisons, PA Child Care and Western PA Child Care, paid the judges to send over 5000 children to jail. Many were first time offenders. Some, like Edward Kenzakoski, committed suicide. Others, like Jamie Quinn, walked away. But all suffered harm. In 2009, the Pennsylvania Supreme Court voided almost all the juvenile convictions from 2003 on.

Recently, the two private detention companies settled a kids-for-cash civil suit, agreeing to pay $2.5 million in compensation. It’s estimated that the companies had paid the two judges $2.6 million, and so there’s a kind of tragic elegance to the number, except that there is nothing elegant in this story.

In 2011, the kids-for-cash story seemed like a horror, a nightmare. Now we know it’s the tip of a global iceberg. Across the United States, and beyond, nation-States have decided that the best place for children is prison. Often, that prison is one for adults.

For example, the City of New York Board of Corrections just released a report, entitled “Three Adolescents with Mental Illness in Punitive Segregation at Rikers Island.” The report follows three boys, Jimmy, Matthew and Carlos: “This report describes the life and jail experience of three mentally ill adolescents who were each sentenced to more than 200 days in punitive segregation at Rikers Island. Mentally ill adolescents in punitive segregation merit special attention because they are the most vulnerable prisoners in custody. New York State is one of only two states in the country where all 16‐ and 17‐ year‐olds are under the jurisdiction of the adult criminal justice system regardless of the offense. In New York City jails, all 16‐, 17‐, and 18‐year‐olds are deemed “adolescents” and are housed separately from adults. Adolescents make up approximately 5% of the average daily population of prisoners at Rikers Island. A recent one‐day snapshot of the jail population showed that almost 27% of the 586 adolescents at Rikers Island were in punitive segregation, and roughly 71% of those in punitive segregation were diagnosed as mentally ill.”

What was their crime? They were children living with mental illnesses. What was their treatment? 200 days in `the box’.

In Texas this week, reports emerged of staff violence against inmates in the Phoenix Program, which was designed to reduce the violence in juvenile facilities. The reports suggest that the violence is both widespread and extreme. How does the State respond? A few staff members are fired, a few `disciplined’, and then back to business as usual.

The private juvenile prison industry and the public juvenile prison industry expand, arm in arm in arm in arm. The State absolves itself of oversight, and children are maimed and broken, in so many ways. Across the country, the rate of girls being incarcerated rises precipitously, and little or nothing is done to attend to the particularities of girls behind bars.

This situation is spreading, and not only across the United States. In certain neighborhoods and communities, particularly communities of color, in the United Kingdom, a night, or more, in detention is a default response to pretty much any whiff of `a problem.’ According to a recent report: “Fifteen per cent of the total number of overnight detentions in 2010 and 2011 were of girls. This is a surprisingly high percentage as girls generally represent less than 5 per cent of criminal sentences.”

Stop sending children to prison. Stop sending children to `overnight detention.’ Stop sending children into solitary confinement. Stop the torture of children.

 

(Image Credit: Prison Culture)

A specter haunts Pennsylvania

 

Sharon Wiggins

Sharon Wiggins died in March. Wiggins was a 62-year-old Black woman living with serious health problems. But it wasn’t her health that did her in. What killed Sharon Wiggins was the criminal justice system in Pennsylvania. Sharon Wiggins died behind bars at SCI-Muncy, the maximum security and intake `facility’ for all women prisoners in Pennsylvania, as well as the site of its death row for women.

Wiggins entered Muncy at the age of 17, convicted initially to death and then, a few years later, to life without parole. She spent 45 years behind bars. When she died she was the oldest and the longest serving woman prisoner in Pennsylvania. That’s no mean feat. Pennsylvania has more prisoners who began as juvenile lifers than any other state in the Union. Effectively, this means Pennsylvania has more juvenile lifers than any place else in the world.

Reports suggest that Wiggins set out, early on, to improve her life, to atone for her crimes, sins, and mistakes. She finished a degree at Penn State and when on to tutor and to manage tutoring programs. She completed thousands of educational certificate programs. She mentored others; she took care of women and helped women grow, and not only women prisoners. Nancy Sponeybarger, a former counselor at Muncy, has said, “As I got to know her a little bit, she was the one person who always made me feel my humanity.”

On another occasion, Sponeybarger elaborated, “She’s grown into a really insightful, compassionate, capable older woman – despite all the odds, because it’s not like you have a ton of role models when you’re in prison, especially when you’re tossed in there as a little girl.”

Especially when you’re tossed in there as a little girl.

Last June, the U.S. Supreme Court ruled that it’s unconstitutional to sentence juveniles to mandatory life sentences without parole. Wiggins applied for release, and she and her lawyers and supporters hoped that she would be released, at last: “I want to know what it feels like to wake up by myself. Here, you live on public view. There’s always a big piece of glass on your door. I want to wake up by myself. I want to know how it feels to walk down the street. I want to know how it feels to sit in the car and hear the rain just beat down. I want to know how it feels to sit with my sister and have a cup of coffee.”

The State dragged its feet, and Sharon Wiggins died. She never got to know.

Pennsylvania leads the nation and the world in the incarceration of children for life without parole. Last year, nationally, close to 1600 people were serving out juvenile life sentences without parole. Of the girls, almost 80% reported physical abuse, and over 77% reported sexual abuse.

And it gets worse. Historically and immediately, juvenile justice institutions are designed for boys. They don’t work for boys, mind you, but for girls, they’re particularly and specifically toxic, lethal even. The research on this systematic `oversight’ is abundant and easily available.

Custody for girls virtually guarantees that that their unique needs are not met and they react differently to their treatment than boys. Sentencing young girls to LWOP (life without parole) in adult court exacerbates girls’ unique issues in several ways. First, with the small number of women in the prison population, girls are often sent to women’s prisons with adult offenders rather than to separate units for youth offenders.  Girls are all too often subjected to sexual abuse and rape while in prison. Male corrections staff at women’s prisons may use coercive methods to initiate sexual relationships with inmates, or may abuse their position to obtain sexual favors. Sentencing girls to serve a life sentence in adult prison creates circumstances that are very traumatic and that should raise the specter of a punishment that is cruel and unusual.”

A specter haunts Pennsylvania, the specter of a punishment that is cruel and unusual, the specter of compassion and decency, the specter of justice for Sharon Peachie Wiggins. It is the specter of those children tossed in there as little girls.

 

(Photo Credit: Pittsburgh Post-Gazette)

What’s happening in Baltimore? Incarceration

Governor of Maryland Martin O’Malley just announced the building of a new juvenile detention center specifically for youth charged as adults. It will cost a hefty $100 million dollars … at least. All this is supposed to ensure the safety of Baltimore and its youth.

Revisiting Maurizio Lazzarato’s recent argument that debt is the neoliberal condition, let’s think about the penal debt imposed here on women and men. But not just any women and men. In Baltimore’s Detention Center, eight out of ten women and nine out of ten men are black (Jail Daily Extract, division of Pretrial and Detention Services).

Baltimore’s Detention Center is part of the surge of incarceration that has taken place in the United States within the past thirty years. As sociologist Loic Wacquant has noted, in “the stingy social state and the gargantuan penal state,” three determinants make people more likely to be incarcerated: class, race and place. That’s how the state cares for the poor, for minority men and women.

Baltimore is one of the few cities in the United States that lost financial control of its detention center. In 1991, following a budget crisis, the city relinquished management of its detention center to the State, at the behest of then Governor Donald Schaeffer. The State’s agenda included the construction of Central Booking, opened in 1995. For many in Baltimore, Central Booking became the place to stay. Previously, one stayed in one of nine district police stations, which were more integrated into neighborhood communities. But neighborhood and community facilities were insufficiently “tough on crime,” and so they had to go.

In the logic of creating a penal debt, targeted populations have to be put into a position where they owe their freedom to the authorities. In Baltimore, the police have intensified their activity, thanks to the war on drugs, the war on the poor, the various wars on women, including the Personal Responsibility and Work Opportunity Act and the welfare reform of 1996.

Central Booking was hailed  as a model of “efficiency”. That efficiency meant the increasingly robotic incarceration of the increasingly impoverished populations of Baltimore, where 63% of the population is African American.  As a result of intensified and broadened police activity, 90% of people incarcerated in Baltimore City are awaiting trial compared to 63% nationally (Division of Pretrial Detention and Services Daily Population Report, January 4, 2010). 89% of the incarcerated are African Americans. Once in the system, your penal credit score drops. And that, in Baltimore, is called efficiency.

With 12 million “bodies being processed” every year by Central Booking institutions across the country, one wonders why the State is so invested in this form of manipulation of bodies. In the current ownership society, the penal credit score is now clearly attached to faster rates of prison recidivism, thanks to programs that keep track of the lives of former prisoners. For instance, Johns Hopkins (both the university and the hospital) demands a background check, criminal and financial, for any applicant to any job, including that of volunteer. This system of background checks has become so routine that its threatening panoptic dimension has been into “keeping Hopkins safe”. “Tough on crime” morphs into “safe” at work.

What is happening in Baltimore? Debt through incarceration. The impoverished youth of Baltimore is going to incur more penal debt through a project that invests scarce social welfare money into a prison that will have to be filled … with the impoverished youth of Baltimore. The circle is closed … efficiently.

 

(Photo Credit: Baltimore Sun)