Delaware's story is a case study in what reform can look like -- and how it can be declared before it is fully achieved. In 2020, the Delaware Department of Correction (DDOC) announced that it had eliminated restrictive housing from its state prisons, becoming one of only four states in the country to report zero prisoners in long-term solitary confinement (as documented in Yale Law School's Time-In-Cell 2019 report). That announcement followed years of litigation, a 2016 settlement agreement, and genuine improvements to conditions.
Then in September 2024, the Community Legal Aid Society of Delaware (CLASI) issued a new report -- The State of Solitary: Restrictive Housing and Treatment of Incarcerated Delawareans with Mental Illness -- finding that "backdoor" solitary confinement practices had returned. People with mental illness were being held in restrictive settings without formally calling it solitary confinement. K-9 units were being used to terrify people held in isolation units. Food loafs were being served in lieu of nutritious meals. People on suicide watch were being placed in punitive isolation. And DDOC was refusing to provide basic transparency about how people were being housed.
The story of Delaware solitary is: real progress was made. Advocates believe it isn't holding.
The Reform Arc: 2015 to 2020
Before the reforms, the James T. Vaughn Correctional Center in Smyrna operated a Secure Housing Unit (SHU) that housed approximately 300 prisoners in a cell for 23 to 24 hours per day. More than 100 of those 300 were on DDOC's mental health roster. More than 60 had serious mental illnesses. At that time, 59% of the inmates living in what used to be restrictive housing were diagnosed as mentally ill (25%) or seriously mentally ill (34%) -- 19% higher than the proportion in the general prison population.
In 2015, CLASI, the ACLU of Delaware, and Pepper Hamilton LLP filed a federal lawsuit on behalf of prisoners with mental illness in the SHU, arguing that the conditions constituted cruel and unusual punishment under the Eighth Amendment and violated the Delaware Constitution.
In 2016, a settlement was reached. Key settlement terms:
- Out-of-cell time increased from 3 hours per week to at least 17.5 hours per week for most inmates in solitary cells.
- People with mental illness received significantly increased out-of-cell time for therapeutic activities per their individual treatment plan.
- Disciplinary detention was capped at 15 consecutive days.
- Mental health status must be considered before a person can be placed in disciplinary detention.
- Direct release from solitary to the community was prohibited in most cases -- a step-down requirement was implemented.
- Improved mental health services were required.
A five-year monitoring period followed the settlement. Over those five years, DDOC made documented improvements. By 2019-2020, DDOC was one of only four states in the country reporting zero prisoners in restrictive housing as defined by 15+ consecutive days of 22+ hours per day confinement. In September 2020, DDOC formally announced the elimination of restrictive housing.
What the 2024 CLASI Report Found
In September 2024, CLASI's Disabilities Law Program issued a follow-up report based on in-person monitoring visits at DDOC prisons, assessing conditions two years after the settlement monitoring period ended. Key findings:
Backdoor solitary: DDOC appears to be using informal methods to punish people outside of formal solitary confinement -- holding them in restrictive settings for extended periods without formally designating the placement as solitary confinement. This circumvents the policy restrictions without officially violating them.
Mental health treatment gaps: People with mental illness in Delaware prisons are not receiving the health treatment they need due to lack of resources. Mental health conditions are being exacerbated by continued punitive practices.
Harmful practices: The report documented K-9 units being used to assault and terrify people held in isolation units, food loafs being used as punishment in lieu of nutritious meals, and people placed on suicide watch being held in strict and punitive isolation rather than therapeutic settings.
Transparency failures: DDOC refused to provide information needed for full assessment of current practices, raising concerns about the absence of independent public accountability.
As a result of the 2024 report, the ACLU of Delaware and CLASI called on lawmakers to close the door on solitary confinement through legislation. Representative Morrison announced an intention to introduce legislation in the 153rd General Assembly.
Current State of Restrictive Housing in Delaware
As of the September 2024 CLASI report, DDOC's formal policy maintains the framework from the 2016 settlement:
Disciplinary detention: Maximum 15 consecutive days. During disciplinary detention, inmates receive 10 hours of out-of-cell time per week (per the Delaware DOC "5 Things You Should Know" document).
General restricted housing (pre-2020 framework): The 17.5 hours per week minimum of recreational time was established for what used to be restrictive housing units. The current equivalent structures provide comparable minimum out-of-cell time.
Mental health screening: Required before placement in disciplinary detention.
Step-down: Direct release from isolated conditions to the community is prevented in most cases.
However, the 2024 CLASI findings document that informal practices are creating isolation conditions that fall outside the formal policy framework -- meaning families cannot rely solely on formal policy to understand what their person may be experiencing.
Due Process Before Placement
Disciplinary detention requires a disciplinary hearing following a Code of Penal Discipline violation. The person receives notice and has the opportunity to respond before a sanctions decision is made. Mental health status must be considered before placement in disciplinary detention.
Administrative separation for protective or investigative purposes can occur without a prior hearing but requires documentation and review.
Protections for People with Mental Illness
The 2016 settlement established specific protections for people with mental illness in DDOC facilities:
- Mental health status must be evaluated before any disciplinary isolation placement.
- People with serious mental illness have individualized treatment plans that must be factored into housing decisions.
- Therapeutic out-of-cell time requirements are stronger for people with mental health needs than for the general population.
- Direct release from isolation to the community is prohibited, with step-down programs required.
Despite these protections, the 2024 CLASI report found that people with mental illness are being subjected to conditions that harm their mental health, and that DDOC is not providing adequate transparency to verify compliance.
What Families Can Do
If your person is in disciplinary detention or appears to be held in informal isolation in a Delaware state prison:
Find where your person is housed. The Delaware DOC provides an offender search at doc.delaware.gov. This confirms facility placement.
Contact the facility. Contact the administrative staff at the specific facility to confirm your person's current housing status and the stated reason for any restricted placement. DDOC facility contact information is at doc.delaware.gov.
Know the 15-day limit for disciplinary detention. If your person has been in disciplinary detention for more than 15 consecutive days, that exceeds DDOC's stated policy. Document this and raise it through the grievance process and with an attorney.
Recognize informal practices. The 2024 CLASI report documents that DDOC may be holding people in isolation-like conditions without formally classifying them as solitary. If your person is describing conditions that sound like solitary (23-24 hours in cell, no programming, no contact) but you are being told it is not formally "solitary," this is the "backdoor" practice the report flagged.
Document everything. If your person is calling or writing about conditions, keep detailed records: cell time, out-of-cell time, whether they are receiving mental health services, whether they have been on food loafs, whether K-9 units have been used in their unit.
File a grievance. DDOC has an internal grievance process. Help your person file formal grievances documenting the conditions they are experiencing.
Contact CLASI. Community Legal Aid Society, Inc. (CLASI) at declasi.org has been the primary legal monitor and advocate for Delaware prisoners' rights, especially for people with mental illness in restrictive housing. Their Disabilities Law Program is the most relevant resource.
Contact the ACLU of Delaware. The ACLU of Delaware (aclu-de.org) has been co-litigant and advocate in Delaware prison conditions cases and may be able to provide referrals.
Seek legal help. If your person has a serious mental illness and is being held in informal isolation, or if the 15-day disciplinary detention limit has been exceeded, consult a prisoner rights attorney. The 2016 settlement creates legal obligations that remain enforceable.
Frequently asked questions
Did Delaware end solitary confinement in state prisons?
Officially, yes. In September 2020, DDOC announced the formal elimination of restrictive housing from state prisons and was recognized in Yale Law School's Time-In-Cell 2019 report as one of only four states with zero prisoners in long-term solitary confinement. But a September 2024 report by CLASI's Disabilities Law Program found that informal "backdoor" practices are holding people in isolation-like conditions without formally calling it solitary. The formal policy was achieved; compliance with its spirit is disputed.
What is the 2024 CLASI report about Delaware solitary?
The State of Solitary: Restrictive Housing and Treatment of Incarcerated Delawareans with Mental Illness was issued by CLASI in September 2024, two years after the end of the court-monitored settlement period. It found: backdoor methods holding people in restrictive settings without formally calling it solitary; K-9 units used to terrorize people in isolation; food loafs served as punishment; people on suicide watch placed in punitive isolation; and DDOC refusing to provide documentation needed to assess compliance. ACLU of Delaware and CLASI called for legislative action in response.
What are the current conditions in Delaware segregation?
DDOC's formal policy provides at least 10 hours per week of out-of-cell time for people in disciplinary detention (15-day maximum) and at least 17.5 hours per week of recreational time for people in the equivalent of what used to be restrictive housing. The 2024 CLASI report documented that in practice, people are being held in informal isolation conditions including K-9 intimidation, food loafs, and punitive suicide watch housing that does not meet the spirit of the policy reforms.
Who can be placed in disciplinary detention in Delaware?
People who violate DDOC's Code of Penal Discipline can be placed in disciplinary detention following a hearing. Administrative separation for protective or investigative purposes is also used. DDOC policy requires that mental health status be considered before any disciplinary detention placement.
How long can someone be in disciplinary detention in DE?
DDOC policy caps disciplinary detention at 15 consecutive days. This was established in the 2016 settlement agreement with CLASI and ACLU. During those 15 days, DDOC policy provides at least 10 hours per week of out-of-cell time. There is no formal long-term restrictive housing designation in DDOC policy -- it was eliminated. The 2024 CLASI report found informal practices that may be circumventing these limits.
Are mentally ill prisoners protected from solitary in DE?
Under the 2016 settlement, specific protections apply: mental health screening before disciplinary detention placement; individualized treatment plans with enhanced out-of-cell time for therapeutic activities; and step-down requirements before community release. Despite these protections, the 2024 CLASI report found that people with mental illness are still being subjected to harmful conditions, inadequate treatment, and informal isolation practices that harm their mental health.
What was the CLASI/ACLU settlement in Delaware about?
The 2016 settlement (CLASI, ACLU of Delaware, and Pepper Hamilton LLP v. DDOC) resolved a 2015 federal lawsuit on behalf of prisoners with mental illness held in the Secure Housing Unit at James T. Vaughn Correctional Center. The settlement raised out-of-cell time from 3 to 17.5 hours per week, capped disciplinary detention at 15 days, required mental health screening before isolation, eliminated direct release from isolation to the community, and improved mental health services. A five-year monitoring period followed.
What is backdoor solitary confinement in Delaware?
"Backdoor solitary" refers to the practice, documented in the 2024 CLASI report, of holding people in isolation-like conditions without formally designating the housing as solitary confinement or disciplinary detention. By not using the formal classification, DDOC avoids triggering the policy protections that apply to those classifications -- while still effectively isolating people. The report found this was particularly affecting people with mental illness.
Can families visit someone in DE disciplinary housing?
Visiting is typically restricted during disciplinary detention. Contact the specific DDOC facility directly to confirm current visiting status before making a trip. DDOC facility contact information is at doc.delaware.gov. Written mail generally retains stronger protections than phone or visits during restricted housing.
What can families do if someone is isolated in DE prison?
Use the DDOC offender search at doc.delaware.gov to find your person. Contact the facility for their current housing status and stated reason for any restricted placement. Know the 15-day maximum for disciplinary detention. If conditions sound like isolation (23+ hours in cell, no programming, punitive meals) but are not formally classified as disciplinary detention, document this carefully -- this is the "backdoor" practice flagged by CLASI. File grievances through DDOC's process. Contact CLASI (declasi.org) or the ACLU of Delaware (aclu-de.org) for advocacy support and referrals. ---