New segregation policy a positive, says lawyer, but not enough for mentally ill inmates
A new policy reducing the amount of time an inmate can remain segregated is "meaningful," says Mark Gruchy — but it's important to define segregation.
The provincial government cut down the maximum time in isolation from 15 days to 10 days, with visitation privileges and access to programs and services.
But the changes stemming from a report on the province's prison system only apply to the disciplinary segregation unit, for inmates who have committed an offence inside the jail.
Changes do not include 'the hole'
The administrative segregation unit — where inmates with mental illnesses are sometimes housed to stay clear of the general population — is not included in the changes, but has been recommended for a review.
"I'm really concerned because this report didn't deal with administrative [segregation]," Gruchy said.
It's extraordinarily destructive.- Mark Gruchy, lawyer
The special handling unit (SHU) — known by inmates as "the hole" — is part of administrative segregation. It is designed for prisoners who are thought to be a risk to others or themselves.
According to Gruchy, mentally ill inmates are put in the SHU and can remain there for days and weeks at a time, since they pose a "management challenge that cannot be met" by prison officials.
"In the case of somebody with a severe mental illness, such as an illness that creates psychosis, that's torture. It's horrible. It's extraordinarily destructive to them."
Segregation does not work, says supt
These inmates are often not hardened criminals when they end up in administrative segregation, Gruchy said. Some of them have not been convicted of anything.
"There are people on remand who have never been found guilty of a crime, with severe mental illnesses who find themselves in the SHU."
The committee that completed the report has recommended mentally ill inmates not be placed in segregation. The province says all recommendations from the report will be implemented.
Owen Brophy, superintendent of prisons in Newfoundland and Labrador, said the method of segregation is not effective.
"When a person goes into segregation … after so many days they just shut down," he said.
"They shut down physically. They shut down mentally and they'll sleep for the full time in there. It's like they throw a switch on their body and they just throw everything off."
It is unclear when a review of administrative segregation will occur.
With files from Peter Cowan