When New Jersey Governor Phil Murphy signed the Isolated Confinement Restriction Act (ICRA) in July 2019, it was described as one of the most progressive solitary confinement laws in the country. It defined isolated confinement broadly -- not by the name of a housing unit, but by what the experience actually is -- and imposed hard caps, a ban for vulnerable populations, and requirements for programming and mental health services.
Then the New Jersey Department of Corrections (NJDOC) created Restorative Housing Units (RHUs) and declared that RHUs are not "isolated confinement" under ICRA -- because, in theory, they provide more than 20 hours of out-of-cell time per day. In practice, an October 2023 report from New Jersey's Office of Corrections Ombudsman (OCO) confirmed that RHUs were failing to provide required out-of-cell time, and an October 2024 report from New Jersey Prison Justice Watch (NJ-PJW), based on surveys from 65 people in New Jersey state prisons, documented continued ICRA violations. Surveys showed people still being held in cells for 22 or more hours per day for extended periods.
The pattern -- a landmark law, a new unit designed to work around it, continued non-compliance -- mirrors what happened in Massachusetts with the CJRA and its 21.5-hour workaround. In New Jersey, the question is not whether a good law exists. The question is whether it is being enforced.
What Solitary Confinement Is Called in New Jersey
ICRA established "isolated confinement" as the statutory term in New Jersey, defined in the law as confinement "in a cell or similarly confined holding or living space, alone or with other inmates, for approximately 20 hours or more per day with severely restricted activity, movement, and social interaction."
NJDOC's pre-ICRA terminology was "restrictive housing units." NJDOC's post-ICRA terminology is "Restorative Housing Units" (RHUs) -- the same acronym. NJDOC claims RHUs do not constitute "isolated confinement" under ICRA.
Before ICRA, NJDOC had denied using solitary confinement at all, describing whatever it did as "restrictive housing." Acting DOC Commissioner Marcus Hicks previously denied using solitary confinement but acknowledged the state does put some inmates in "restrictive housing" for safety reasons.
What ICRA Requires
The Isolated Confinement Restriction Act (2019) established the following in New Jersey (applicable to state prisons and county jails):
Definition: Isolated confinement = 20 or more hours per day in a cell or confined space with severely restricted activity, movement, and social interaction.
20-day consecutive cap: No person may be in isolated confinement for more than 20 consecutive days.
30-in-60 cap: No person may be in isolated confinement for more than 30 total days in any 60-day period.
Lockdown exception: Caps do not apply during facility-wide lockdowns.
Absolute ban for vulnerable populations: People in the following categories cannot be placed in isolated confinement under any circumstances:
- People under 21 years of age.
- People over 65 years of age.
- Pregnant or postpartum people.
- People with a serious mental illness.
- People with developmental disabilities.
- People with serious physical health conditions.
- People perceived to be LGBTQI.
Required conditions: People in isolated confinement must receive mental health rounds, access to programming, interaction with others, and basic services.
Crucially, ICRA defined isolated confinement by its features rather than by the name of any housing unit -- specifically to prevent the department from creating a new name for solitary and declaring itself in compliance.
Restorative Housing Units and the Compliance Problem
NJDOC created RHUs after ICRA passed. The stated rationale was to provide a less restrictive housing option that does not meet ICRA's 20-hours-per-day threshold. In theory, RHU residents receive more than 20 hours out of cell per day and therefore are not in "isolated confinement" under ICRA.
In practice, two independent reports found otherwise:
October 2023 OCO report: The Office of Corrections Ombudsman confirmed concerning trends in housing practices, finding that many prisons had failed to adhere to ICRA's mandates, particularly regarding provision of adequate time out of cells in RHUs.
October 2024 NJ-PJW "Isolated Voices" report: New Jersey Prison Justice Watch surveyed 65 people in state prisons (more than half at New Jersey State Prison in Trenton). The report documented continued conditions indistinguishable from isolated confinement -- people held in cells for 22 or more hours per day for extended periods, despite ICRA. The report concluded with four policy recommendations, including that NJDOC and the Legislature review and strengthen ICRA oversight.
The RHU workaround also creates a separate problem: people can be sent to an RHU for up to a year on one disciplinary charge. Because NJDOC does not classify RHUs as "isolated confinement," the 20-day cap does not apply to them.
NJDOC's response to the 2024 report: "There is no question that ICRA has posed challenges for the Department, oftentimes due to infrastructure and the disruptive behavior of the population generally within Restorative Housing Units. Despite these challenges, the NJDOC unequivocally contests the characterization that the conditions are worse than three years prior or that the Department is ignoring the law."
Duration of Placement
Under ICRA: isolated confinement (formally classified) is capped at 20 consecutive days or 30 days in any 60-day period, except during facility-wide lockdowns.
Under the RHU framework: NJDOC can send someone to an RHU for up to a year on one disciplinary charge, as the RHU is not classified as isolated confinement. The 20-day cap does not apply.
Vulnerable Population Protections
ICRA's absolute ban on isolated confinement for vulnerable populations -- people under 21, over 65, pregnant or postpartum, with serious mental illness, developmental disabilities, serious physical health conditions, or perceived to be LGBTQI -- is one of the broadest vulnerable population protections in the country.
Whether these protections are being honored in RHU placements (which NJDOC does not classify as isolated confinement) is part of the compliance monitoring being conducted by NJ-PJW, the OCO, and the ACLU-NJ.
What Families Can Do
If your person is in an RHU or other restricted housing in a New Jersey state prison or county jail:
Find where your person is housed. NJDOC provides an offender search at state.nj.us/corrections or njdoc.gov. This confirms current facility and housing status.
Contact the facility. Contact the warden's office or classification department to confirm your person's current housing category (RHU or isolated confinement) and the stated reason for placement. Ask specifically whether the placement is classified as "isolated confinement" under ICRA or as an RHU placement.
Know the ICRA caps. If your person is classified as being in "isolated confinement" (20+ hours/day), the 20-consecutive-day and 30-in-60-day caps apply. Document placement dates. If those limits are being exceeded, this violates ICRA. File a grievance and contact advocacy organizations.
Know the RHU duration risk. If your person is classified as an RHU placement (not "isolated confinement"), NJDOC may be treating the 20-day cap as inapplicable. The Type Investigations report found people being sent to RHUs for up to a year on one disciplinary charge. Document your person's RHU placement date and any out-of-cell time being received.
Document out-of-cell time. Whether in RHU or formal isolated confinement, document what your person reports about daily out-of-cell time. If they are receiving less than 4 hours per day consistently, this is evidence of conditions meeting ICRA's isolated confinement definition.
Contact the Office of Corrections Ombudsman. New Jersey has an active OCO (corrections.nj.gov or through the NJ OAG) with authority to investigate NJDOC conditions and compliance with ICRA. The OCO's October 2023 report confirmed compliance failures. Complaints to the OCO create an official oversight record.
File a grievance. NJDOC has an administrative grievance process. Help your person file formal grievances for ICRA violations -- out-of-cell time below required levels, placement beyond 20 days of isolated confinement, or placement of a vulnerable population member in isolated confinement.
Contact NJ Prison Justice Watch. NJ-PJW (njpjw.org) conducted the 2024 "Isolated Voices" report and is the lead advocacy organization monitoring ICRA compliance. They can provide referrals and information.
Contact the ACLU of New Jersey. The ACLU-NJ (aclu-nj.org) was the lead litigant on ICRA advocacy and continues to monitor NJDOC conditions. They may be able to provide legal referrals.
Seek legal help. If your person is a member of a vulnerable population (under 21, over 65, pregnant, seriously mentally ill, developmentally disabled, seriously ill, or LGBTQI) and is in conditions meeting ICRA's isolated confinement definition, this is a direct statutory violation. If formal isolated confinement has exceeded 20 consecutive days or 30 in any 60-day period, this also violates ICRA. Consult a prisoner rights attorney familiar with New Jersey courts.
Frequently asked questions
What is solitary confinement called in New Jersey prisons?
New Jersey statute (ICRA, 2019) uses "isolated confinement," defined as confinement in a cell for approximately 20 or more hours per day with severely restricted activity, movement, and social interaction. NJDOC replaced its prior "restrictive housing units" with "Restorative Housing Units" (RHUs) after ICRA passed, and claims RHUs do not meet ICRA's definition because they theoretically provide more than 20 hours out of cell. The 2023 OCO and 2024 NJPJW reports found that RHU conditions often do meet the isolated confinement definition in practice.
What does New Jersey's ICRA law require?
ICRA (2019): defines isolated confinement (20+ hours/day); caps it at 20 consecutive days and 30 days in any 60-day period (with lockdown exceptions); imposes an absolute ban for vulnerable populations (under 21, over 65, pregnant/postpartum, seriously mentally ill, developmentally disabled, seriously physically ill, perceived LGBTQI); and requires mental health rounds, programming, and interaction during any isolated confinement. The law defines isolation by its features, not by the name of any housing unit.
What are Restorative Housing Units in New Jersey?
RHUs were created by NJDOC after ICRA passed. NJDOC classifies them as providing sufficient out-of-cell time to avoid ICRA's "isolated confinement" definition. People can be sent to an RHU for up to a year on a single disciplinary charge. The 20-day ICRA cap does not apply to RHU placements in NJDOC's framing. The 2023 OCO report and 2024 NJ-PJW report found that RHU conditions often include less than 4 hours out of cell per day -- meeting ICRA's isolated confinement definition -- despite NJDOC's classification.
Did NJDOC comply with ICRA's requirements?
Not fully, according to two independent reports. The October 2023 Office of Corrections Ombudsman report confirmed that many prisons failed to adhere to ICRA's mandates, particularly regarding out-of-cell time in RHUs. The October 2024 NJ Prison Justice Watch "Isolated Voices" report, based on surveys from 65 prisoners, documented continued conditions indistinguishable from isolated confinement -- people held in cells 22 or more hours per day for extended periods despite ICRA.
What are conditions like in New Jersey RHUs?
In theory, RHU conditions provide more than 20 hours out of cell per day and access to programming. In practice, the 2023 OCO and 2024 NJ-PJW reports found many prisoners receiving significantly less out-of-cell time. NJDOC attributed some shortfalls to "maladaptive behavior" of some RHU residents creating disruptions that affected others' out-of-cell time. Surveys from NJ State Prison respondents described conditions indistinguishable from pre-ICRA solitary confinement.
How long can someone be in isolated confinement in NJ?
Under ICRA: 20 consecutive days maximum, and 30 total days in any 60-day period (lockdown exception applies). RHU placements under NJDOC's classification: up to a year on one disciplinary charge, because NJDOC claims RHUs are not "isolated confinement" under ICRA. Before ICRA, New Jersey reported approximately 7% of its prison population in solitary (22+ hours/day for 15+ consecutive days) in autumn 2015.
Are vulnerable populations protected from solitary in NJ?
Yes -- ICRA's absolute ban is one of the broadest in the country. No person under 21, over 65, pregnant or postpartum, with serious mental illness, developmental disabilities, serious physical health conditions, or perceived to be LGBTQI may be placed in isolated confinement. Whether this ban applies to RHU placements -- which NJDOC does not classify as isolated confinement -- is part of the ongoing compliance debate.
What did the 2024 NJPJW Isolated Voices report find?
The October 2024 NJ Prison Justice Watch report, based on surveys from 65 prisoners (more than half from NJ State Prison in Trenton), found continued ICRA violations -- people in conditions meeting the isolated confinement definition (22+ hours in cell) for extended periods, despite ICRA. The report recommended NJDOC and the Legislature review and strengthen ICRA oversight. It was released alongside ACLU-NJ commentary calling for stronger oversight and legislative examination of ICRA compliance.
Can families visit someone in a New Jersey RHU?
Visiting rules in RHUs depend on the specific placement and facility. Contact the specific NJDOC facility to confirm current visiting status before traveling. NJDOC facility contact information is available through njdoc.gov or state.nj.us/corrections. Written mail generally retains stronger protections than phone or visits during restricted housing.
What can families do if someone is in NJ solitary?
Use NJDOC's offender search through njdoc.gov to find your person. Contact the facility to confirm whether placement is classified as "isolated confinement" or as an RHU -- and ask the stated duration and reason. Document daily out-of-cell time your person reports. File grievances for ICRA violations. Contact the Office of Corrections Ombudsman for an official compliance complaint. Contact NJ Prison Justice Watch (njpjw.org) or ACLU-NJ (aclu-nj.org) for advocacy support. If your person is a vulnerable population member in conditions meeting isolated confinement criteria, or if ICRA time limits have been exceeded, consult a prisoner rights attorney. ---