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Nathan Gray often found himself restlessly pacing his cramped cell, bombarded incessantly by the cacophony of other men’s agonizing screams. The cell was cold, housing nothing more than a flimsy mattress, a small shelf for possessions, and a combined sink and toilet. In this cramped space, he ate, read the works of Frantz Fanon and Angela Davis, and slept whenever he could. When overwhelmed with depression, he had no one to confide in. He deliberately kept the conditions of his confinement a secret from his family because he didn’t want to burden them.
Gray and his neighbors were only permitted to leave their cells for a few reasons each week: a limited number of showers, five 15-minute phone calls, or using an email kiosk to communicate with those outside. Occasionally, they were allowed to spend time in the “cages” within the unit or in enclosed outdoor spaces.
Gray’s description of his living conditions mirrors those experienced by individuals held in solitary confinement across the United States: severe restrictions on movement, isolation from physical contact, and nearly 24-hour periods spent in cells no larger than bathrooms.
However, according to the New Jersey Department of Corrections, Gray, known as “Freedom” to friends and family, was not in solitary confinement. Instead, he resided in one of New Jersey State Prison’s Restorative Housing Units (RHUs). RHUs are reserved for individuals as a disciplinary measure for violating prison rules.
Although the Department of Corrections introduced RHUs in response to the Isolated Confinement Restriction Act (ICRA) passed in 2019, an investigation by Type Investigations and HuffPost reveals that conditions in some of these units may still qualify as isolated confinement, contrary to state regulations, and at times, violate the law.
RHUs are intended to be a “less restrictive” alternative to isolated confinement. According to departmental regulations, prisoners in RHUs should have access to recreation, education, and activities outside of their cells that foster social interaction. Crucially, unlike in isolated confinement, individuals in RHUs must have the opportunity to spend at least four hours outside of their cells each day. However, several incarcerated individuals who have resided in RHUs claim that they were not regularly offered the minimum four hours of daily out-of-cell time.
Our sources, who have experienced RHUs in multiple prisons, also report that individuals in these units often spend their out-of-cell time in confined spaces resembling dog kennels and receive inadequate mental health care.
The ACLU-NJ expressed “profound disappointment” upon learning about these allegations, as they had worked tirelessly to draft a bill that would limit the use of solitary confinement. They believed the passing of the Isolated Confinement Restriction Act was a significant victory, cementing New Jersey’s position as a national leader in criminal justice reform.
However, the investigation reveals that the Department of Corrections may not be fully adhering to ICRA regulations, and individuals in RHUs may still be subject to conditions tantamount to isolated confinement.
NJDOC has not provided specific responses regarding conditions in RHUs but claims to continuously evaluate compliance with ICRA, along with all statutory requirements. They assert their commitment to providing incarcerated individuals with out-of-cell time, essential programs and services, and ensuring the well-being of staff and incarcerated persons.
The investigation highlights the ongoing struggle to reform solitary confinement practices in New Jersey and sheds light on the discrepancy between the intended purpose of RHUs as a less restrictive alternative and the reality experienced by those confined within them.
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