A Beacon of Hope: North Dakota’s Leann Bertsch Reforms Solitary Confinement

My name is Joshua Bevill.  I'm serving a 30-year federal prison sentence for a low-level, nonviolent offense.  I've been in prison for nearly 15 years now.  Among other tasks, I write about the amazing criminal justice advocates who help prisoners as well as the people behind the cases.

With that, imagine being shut off from all human contact for weeks, months, or even years. As if complete isolation weren’t enough, there’s also the lack of sunlight, because your tiny cell has no window. You simply sit there day after day, waiting for the agony to end. 

Medical professionals have long warned about the devastating effects of prolonged isolation – depression, anxiety, and even an increased risk of suicide, especially among those with mental illness. And the United Nations and other human rights organizations have called for a complete ban on solitary confinement, labeling it a form of torture.

Sadly, there are still many countries that use solitary confinement routinely and for extended periods of time. In the United states, there are an estimated 80,000 - 100,000 inmates held in some form of isolation at any given time, according to Penal Reform International.

While solitary confinement certainly punishes the inmate, does it do anything in the way of helping them to change their behavior?

Punishment That Works

We can all agree that people who break the law deserve some form of punishment for their actions. And, sometimes those serving time break more rules while inside of prison. To punish disruptive inmates and maintain order, solitary confinement, also sometimes called “the hole” or “protective custody” is often used. 

But recently there has been a call for reform, with the state of North Dakota at the forefront of the movement. "There's such an overemphasis on punishment," said Leann Bertsch, former Director of Corrections and Rehabilitation for North Dakota. And sometimes the punishment doesn’t fit the infraction.

Case in point - North Dakota inmate Michael Taylor landed time in solitary for using the law library without permission. Hardly a dangerous act, but rather one meant to better himself. Still, he got sent to “the hole.” Taylor describes how the isolation fueled his anger, leading him to act out.  "I would trash the tiers and argue with staff," he says, shaking his head.  "I just didn't care."

Bertsch knew in her bones that solitary confinement wasn’t the change agent our justice system so desperately needs. After a trip to Norway, she came back to the states a passionate advocate for ‘punishment that works.’  "They focus on making society safer by getting people to become law-abiding citizens."

Bertsch set about making some radical changes to how inmates in North Dakota’s prison system would be punished for disruptions. In the old system, inmates were locked down for 23 hours and received only one hour of recreation a day, including showers. On weekends, they were locked down for 24 hours straight.

These days, inmates in solitary confinement receive significantly more recreation time, with a strong emphasis on changing behavior and learning new skills and coping mechanisms. No more solitary for minor infractions, with an emphasis on punishing dangerous behaviors, such as serious assault, using a weapon and murder. The prison even adopted a new name for the unit – the "Behavior Intervention Unit" (BIU) – reflecting its renewed focus on rehabilitation.

Once-bare cell walls now boast electrical outlets, allowing inmates to have TVs or tablets.  A narrow window provides a bit of sunlight, a welcome change from the complete darkness of the past. And the average stay in solitary confinement has been drastically reduced to just 30-45 days, with exceptions for extreme cases.  

The BIU also prioritizes mental health screenings, group therapy sessions, and anger management techniques.  Correctional officers are encouraged to interact with inmates regularly, and positive behavior reports are used to incentivize good conduct.

The impact of these reforms has been undeniable. At the time of implementation, the number of inmates in solitary confinement plummeted from a staggering 80-90 to a mere 20. 

Clearly this is punishment that works. Michael Taylor agrees. His experience in the new BUI with a focus on therapy has fostered a positive change. "It's made a difference," he said, a newfound hope evident in his voice.  "I'd even like to become a counselor after I get out."

Challenges and Transformation

Implementing these reforms wasn't easy. Bertsch acknowledges initial resistance from staff who feared increased violence and safety risks.  Even the warden wasn’t entirely convinced that what worked in Norway would work here in the United States. 

But over time, it was hard for any detractor to deny the positive outcomes. Even those tough cookies who once had the mentality of,"If you don't like being in prison, don't commit a crime," have come to see the humanity in the inmates and realized that everyone deserves a second chance. 

Since implementation of the reforms, there has been a dramatic decrease in suicidal attempts, cell flooding, and general disorderly behavior.

A Model with Limitations

Bertsch and other North Dakota officials acknowledge the advantages of their homogenous prison population and lack of prominent gangs, factors that may not translate universally.  

Despite these limitations, North Dakota's efforts offer a beacon of hope.  By using solitary confinement sparingly and focusing on rehabilitation, the state demonstrates that a more humane and effective approach is possible.  This glimpse of reform could pave the way for a more just and restorative prison system across the nation.