Arkansas has one of the highest rates of solitary confinement use in the country. According to the ASCA-Liman survey data, Arkansas as of 2019 had the highest prison population in restrictive housing of all states that participated in the survey. The Arkansas Department of Corrections (ADC) uses the term "restrictive housing" -- which ADC itself describes as synonymous with solitary confinement -- for all forms of isolated housing. While ADC has said it actively works to limit restrictive housing, advocacy groups including DecARcerate and Disability Rights Arkansas have documented that the practice remains widespread and that data on its use is limited.
The one area where Arkansas has enacted meaningful protections is for pregnant women: HB1470, passed in 2021, bans solitary confinement for pregnant juveniles and restricts its use for pregnant adults. Young people in ADC custody have additional policy protections under ADC's own regulations. Beyond these specific populations, Arkansas has no statute limiting the duration or scope of solitary confinement.
What Solitary Confinement Is Called in Arkansas
The Arkansas Department of Corrections uses "Restrictive Housing" as its official term. ADC's own policy documents and responses to advocacy groups describe restrictive housing as synonymous with solitary confinement -- isolation in a single cell for 22 or more hours per day.
The three main types of restrictive housing in Arkansas are:
Administrative Segregation: Non-punitive placement for people whose presence in general population poses a serious threat to life, property, security, or the orderly operation of the facility. Used pending investigations, hearings, or as a management response to credible threats.
Disciplinary Segregation: Punitive placement following a guilty finding at a disciplinary hearing under ADC's Code of Penal Discipline. Used as a sanction for rule violations.
Protective Custody: Placement for people who face threats to their safety. Under ADC Administrative Regulation 837, both inmates and administration can initiate protective custody. Inmates may request it if they believe their safety is threatened; administration may place someone in PC if they believe the person is in danger or may create security risks.
What Lands Someone in Restrictive Housing
ADC's official policy is that restrictive housing is used only when an inmate poses a direct threat to the safety of individuals or the secure operations of the facility. ADC says it uses multi-step assessment procedures with oversight protocols to prevent unwarranted placements.
In practice, the 2021 report co-authored by DecARcerate and Disability Rights Arkansas documented a system that placed people in isolation for a wide range of reasons, including low-level infractions. Advocacy groups have called for bringing Arkansas's practices into line with the United Nations Mandela Rules, which require that solitary be used only as a last resort and never for more than 15 consecutive days.
Conditions in Arkansas Restrictive Housing
ADC has not made detailed public data about conditions in its restrictive housing units consistently available. The 2021 advocacy report found conditions that advocates described as inhumane, with people held in isolation with minimal out-of-cell time, limited programming, restricted property and communication access, and inadequate mental health services.
ADC policy requires that people in restrictive housing have access to basic services including medical and mental health care. Under ADC's response to the advocacy report, the department described multi-step assessment procedures and said it ensures restrictive housing is used only when necessary. The gap between stated policy and documented conditions has been a central point of dispute between ADC and advocacy organizations.
As a result of advocacy pressure, while a bill requiring mandatory data collection (HB1530) did not pass the Legislature, ADC agreed to include restrictive housing data in its quarterly public reporting. This data allows some tracking of population trends over time.
How Long People Stay in Restrictive Housing
Arkansas has no statute setting a maximum duration for administrative segregation or protective custody. Disciplinary segregation terms are set at the disciplinary hearing.
ADC policy requires periodic review of people in administrative segregation. Under ADC AR 837, protective custody is reviewed with the goal of returning the person to general population when it is safe to do so.
There is no independent oversight body in Arkansas specifically tasked with reviewing the length of restrictive housing placements.
Due Process Before Placement
Administrative segregation does not require a prior hearing in Arkansas. It is a management decision that can be made pending a hearing or investigation.
Disciplinary segregation requires a disciplinary hearing under ADC's Code of Penal Discipline. The person must receive notice of the charge, have the opportunity to be heard, and receive a written decision.
Protective custody can be initiated without a prior hearing in cases where the administration determines someone faces imminent threat.
Protections for Pregnant Women
HB1470, passed by the Arkansas Legislature in 2021, is the primary state law directly addressing solitary confinement. It was part of a wave of legislation in which seven states enacted solitary confinement provisions between 2021 and 2022.
HB1470 bans solitary confinement for pregnant juveniles entirely. For pregnant adults, it restricts the use of restrictive housing, establishing limitations on when and how it can be used during pregnancy.
The 2023 Protect Arkansas Act added additional requirements: ADC must train employees on the impacts of restrictive housing on pregnant inmates, and must develop educational programming for pregnant inmates related to prenatal care, parenting, and drug and alcohol impacts during pregnancy.
ADC's own policy (referenced in its 2021 response to the advocacy report) states that youthful inmates will not be placed in restrictive housing solely for the purpose of complying with separation from adult inmates.
Protections for Young People
ADC's own policy provides that youthful inmates (those under 18 housed in adult correctional facilities) will not be placed in restrictive housing solely to achieve separation from adult inmates. If a youthful inmate's behavior becomes unmanageable and all efforts to de-escalate have been exhausted, restrictive housing may be considered, but with heightened review requirements.
There is no Arkansas statute setting a blanket ban on solitary for minors (ages 18 and under) in adult facilities.
The 2021 HB1470 protections for pregnant women apply regardless of age, so a pregnant minor in an Arkansas facility would benefit from those protections.
Data Transparency
One of the central advocacy demands in Arkansas has been greater data transparency. The HB1530 data collection bill, which would have required ADC to track and publish detailed data on restrictive housing use, did not pass the Legislature. However, in response to advocacy pressure, ADC agreed to include restrictive housing data in its quarterly public reports. This represents a partial but incomplete step toward transparency.
Compared to states like Arizona (which publishes monthly Jensen Injunction compliance reports with detailed population data) or Alabama (subject to federal court reporting requirements), Arkansas's public reporting on solitary confinement remains limited.
Recent Legislative Activity
Arkansas was among the seven states that enacted some form of solitary confinement provision between 2021 and 2022 (per the Yale Liman Center's tracking). HB1470's protections for pregnant women and pregnant juveniles represent the most concrete legislative gains to date.
Beyond HB1470 and the Protect Arkansas Act's training requirements for staff, there is no comprehensive Arkansas statute limiting the use, duration, or scope of solitary confinement. DecARcerate and allied organizations continue to advocate for reforms aligned with the UN Mandela Rules and for expanded data collection.
What Families Can Do
If your person is in restrictive housing in an Arkansas prison or unit:
Find where your person is housed. ADC's inmate search is available at adc.arkansas.gov. Use this to confirm facility placement before making contact.
Contact the facility directly. Each ADC unit has a warden's office and classification department. Contact them to confirm your person's current housing status and the stated reason for restrictive housing placement. Phone numbers and addresses for ADC units are at adc.arkansas.gov.
Understand communication restrictions. People in disciplinary segregation typically have phone and visitation privileges suspended as part of the sanction. People in administrative segregation and protective custody may have restricted but not eliminated communication access. Written mail generally has stronger protections than phone calls or visits.
Monitor quarterly reports. ADC agreed to include restrictive housing data in its quarterly public reporting as a result of advocacy pressure. These reports are available at adc.arkansas.gov and provide some tracking of overall population numbers.
File a grievance. ADC has an administrative grievance process that must typically be exhausted before any federal lawsuit. Help your person understand the process and track timelines and responses carefully.
Contact DecARcerate Arkansas. DecARcerate (decarceratear.org) is the primary statewide advocacy organization focused on restrictive housing reform in Arkansas and may be able to provide referrals, information, or assistance.
Contact Disability Rights Arkansas. For people with disabilities (including mental health conditions) who are in restrictive housing, Disability Rights Arkansas (disabilityrightsarkansas.org) has been involved in documenting conditions and may provide referrals.
Seek legal help. If your person is pregnant and in solitary in potential violation of HB1470's protections, or if they have been in restrictive housing for an extended period without review, consult a prisoner rights attorney familiar with Arkansas courts.
Frequently asked questions
What is solitary confinement called in Arkansas prisons?
ADC uses "restrictive housing" as its official term and acknowledges in its own documents that restrictive housing is synonymous with solitary confinement. The three main types are administrative segregation (non-punitive, pending a hearing or investigation), disciplinary segregation (punitive, following a hearing), and protective custody (for people facing safety threats). All involve isolation in a single cell for 22 or more hours per day.
Who can be placed in restrictive housing in Arkansas?
ADC policy states that restrictive housing is used only when an inmate poses a direct threat to the safety of individuals or the secure operations of the facility, with multi-step assessment procedures. In practice, advocacy groups have documented that people have been placed in isolation for a wide range of reasons including low-level infractions. There is no Arkansas statute limiting which offenses or situations can trigger restrictive housing placement.
What are conditions like in Arkansas restrictive housing?
Detailed public data on conditions is limited. The 2021 DecARcerate/Disability Rights Arkansas report documented people held in isolation with minimal out-of-cell time, limited programming, restricted property and communication access, and inadequate mental health services. ADC policy requires access to basic medical and mental health services. ADC publishes some restrictive housing population data in quarterly reports but not detailed condition data.
How long can someone stay in solitary in Arkansas?
There is no Arkansas statute setting a maximum duration for administrative segregation or protective custody. Disciplinary segregation terms are set at the hearing. ADC policy requires periodic review, but there is no independent oversight body reviewing the length of placements. Arkansas has not adopted the UN Mandela Rules standard limiting solitary to 15 consecutive days.
What due process applies before Arkansas segregation?
Administrative segregation and protective custody do not require a prior hearing -- they are management decisions that can be made pending a hearing or investigation. Disciplinary segregation requires a hearing under the Code of Penal Discipline, with notice of the charge, the opportunity to be heard, and a written decision. Administrative segregation reviews occur periodically after placement.
Are pregnant women protected from solitary in Arkansas?
Yes, partially. HB1470 (passed 2021) bans solitary confinement for pregnant juveniles entirely and restricts its use for pregnant adults. The 2023 Protect Arkansas Act added requirements that ADC train staff on the impacts of restrictive housing on pregnant inmates. These are the only specific solitary-related statutory protections currently on the books in Arkansas.
Are young people protected from solitary in Arkansas?
Partially. ADC policy states that youthful inmates (under 18 in adult facilities) will not be placed in restrictive housing solely to achieve separation from adult inmates, and that heightened review is required if RH is considered for behavioral reasons. HB1470's pregnancy protections apply regardless of age. There is no blanket statutory ban on solitary for minors in adult Arkansas facilities.
How much data does Arkansas publish on solitary use?
Limited. A 2021 bill (HB1530) that would have required detailed mandatory data collection did not pass the Legislature. As a result of advocacy pressure, ADC agreed to include restrictive housing data in its quarterly public reports at adc.arkansas.gov. This is a partial step -- population trend data is available, but detailed condition, duration, and demographic data remains limited compared to states under federal court oversight.
Can families visit someone in Arkansas restrictive housing?
People in disciplinary segregation typically have visitation suspended as part of the sanction. People in administrative segregation and protective custody may have visiting access, but it typically requires advance coordination with the facility. Contact the unit warden's office before making a trip. ADC unit contact information is at adc.arkansas.gov.
What can families do if someone is in AR solitary?
Use the ADC inmate search at adc.arkansas.gov to confirm facility placement. Contact the unit directly to learn the stated reason for restrictive housing and current communication/visiting rules. Help your person file grievances through ADC's administrative process. Review ADC's quarterly reports for system-wide data. Contact DecARcerate (decarceratear.org) or Disability Rights Arkansas (disabilityrightsarkansas.org) for referrals and advocacy information. If your person is pregnant and in solitary, or has a disability and is not receiving required services, consult a prisoner rights attorney. ---
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