Khalil Hammond is one of six Pennsylvania prisoners at State Correctional Institutions seeking to change prisoners' mental health.
Presently, a class action lawsuit arguing that solitary confinement worsens mental health crises and violates Constitutional rights filed by six prisoners – including a plaintiff at State Correctional Institution Phoenix in Skippack Township – against the Pennsylvania Department of Corrections and its administrators navigates its way through the Eastern District of Pennsylvania U.S. District Court system.
The complaint, filed in March, seeks to end indefinite use of solitary confinement. Plaintiff Khalil Hammond is housed at SCI Phoenix, has been on a Restricted Release List for 11 years, and has been in solitary confinement for 12 consecutive years, according to the lawsuit.
Hammond, per the complaint, suffers from bipolar disorder, PTSD, and ADHD, but solitary has aggravated and hampered his mental health and caused him suffering. The five other plaintiffs include David Thompson, housed at SCI Pine Grove; Antonie Walker, housed at SCI Greene; Muwsa Green, housed at SCI Houtzdale; Tyrone Leonard, incarcerated at SCI Rockview; and Malika Henderson, housed in solitary at SCI Muncy. All plaintiffs, per the lawsuit, suffer from anxiety, PTSD, schizophrenia, or other mental health illness.
Hammond, 35, has been incarcerated almost 13 years, with 10 of them in solitary confinement, per the lawsuit. Due to his RRL status, he can only shower three times a week, and is confined to his cell for at least 22 hours a day, per the lawsuit.
He has attempted suicide eight times and inflicted self-harm more than 100 times, per the lawsuit.
Solitary confinement, per the suit, involves locking prisoners in small cells for up to 24 hours a day, denying them social, environmental, and occupational stimulation, and keeping them in such units continuously for five to 15 years.
“Individuals with mental health diagnoses are disproportionately placed in solitary confinement; while individuals with mental illness are 37% of the DOC population, they are 50% of the DOC’s solitary confinement population,” according to the lawsuit. “While only about 5% of the DOC’s population is in solitary confinement at any given time, approximately 40% of suicides and suicide attempts in the DOC occur on solitary confinement units.”
Prolonged isolation under these conditions exacerbates sleeplessness, hallucinations, paranoia, and hopelessness, per the lawsuit. Some prisoners end up “consuming foreign objects, overdosing on pills, covering themselves with feces, eating their own feces, head banging, cutting themselves, injuring themselves, and suicide attempts.”
Incidentally, the lawsuit occurs the same time that lawmakers are looking at another aspect of prison reform – lengthy prison sentences.
This year, according to the New Jersey Monitor, lawmakers across the United States have been exploring "second look" legislation that would enable courts or parole boards to reconsider lengthy prison sentences and potentially allow for early release. These proposed laws often target specific groups such as elderly inmates, individuals sentenced as minors, or those whose offenses involved mitigating circumstances like self-defense in domestic violence situations.
The rise in interest for second look measures is driven by concerns over the aging prison population and overcrowding, per the report. Advocates believe that these laws could help alleviate prison congestion and reduce associated costs. Both Republican and Democratic legislators have sponsored these bills, although some critics argue that they could cause further trauma for crime victims and add strain to an already burdened judicial system.
Oklahoma has taken a significant step in this direction by passing a second look law this year. The new statute, set to take effect soon, requires judges to consider whether domestic violence played a role in the crimes when determining sentences, per the article. This provision could lead to lighter sentences for some defendants, who would otherwise face mandatory minimum penalties.
The law also includes a retroactive component, allowing current inmates to request resentencing once it is enacted, per the report. This development reflects a broader trend, with many experts suggesting that second look legislation could receive bipartisan support due to its potential to address both financial and social issues associated with mass incarceration.
Currently, at least 12 states have implemented some form of second look legislation. The specifics vary widely, with some allowing courts to review sentences based on factors such as the offender’s age at the time of the crime and time served, while others permit prosecutors to request sentence reconsiderations.
The debate over these measures has been contentious, according to the article. Critics, including some prosecutors and victim advocacy groups, argue that the process could retraumatize victims and place additional demands on the judicial system. Would resentencing someone undermine justice and re-open old wounds?
On the other hand, some individuals affected by violent crimes support second look legislation. Nancy Leichter, for instance, experienced a profound loss when her father was killed in a carjacking. Despite her initial opposition, she eventually supported the release of one of the perpetrators, reflecting a belief in balancing compassion with justice. Such perspectives are shaping ongoing discussions and legislative efforts to refine how these laws address both the needs of crime victims and the potential for rehabilitative justice.
Read more on the “second look” legislation here.
