- The Washington Times - Wednesday, December 13, 2023

Federal prison guards left an inmate for 21 hours inside a wire cage little bigger than a phone booth, according to an inspector general who issued an emergency alert prodding the government to come up with new rules to govern the practice.

Justice Department Inspector General Michael E. Horowitz said the Federal Bureau of Prisons uses what it calls “temporary secure enclosures” even though it doesn’t have any policies governing when they are acceptable, and how long inmates can be left inside of them.

The bureau acknowledged the problem and said the inspector general has “galvanized” it to make changes, including holding a nationwide meeting to instruct employees on how to use the cages.

“This guidance will serve as FBOP’s immediate articulation of appropriate parameters for the use of holding cells pending a more permanent change to policy,” Director Colette S. Peters said.

Mr. Horowitz said his investigators uncovered the cages while looking into a use of force case. The man was pulled from his cell during a search, and since he refused to be handcuffed, guards stuck him in a cage that was three feet wide, three feet deep and seven feet tall.

He was there for 21 hours total, with one bathroom break after eight hours. At that point, he agreed to be handcuffed to be taken to the bathroom and was then given a chair for the cage. He remained another 12 hours, though at one point the chair was removed.

The inspector general blamed “lack of communication” among guards for the treatment, but also said the Bureau of Prisons lacks written rules.

Mr. Horowitz said the use of the tiny cages has become “common practice” for prison guards when they need to leave inmates unattended while they are being moved.

The bureau does have rules about the use of restraints, but prison officials say the cage doesn’t qualify as a restraint.

“If such secure enclosures are not considered a restraint, an inmate so confined would not be protected by any safeguards in BOP regulations regarding the use of restraints, such as periodic examination by Psychology Services or medical staff,” Mr. Horowitz said in his report.

He urged the bureau to write firm rules, and officials agreed, saying it is trying to live up to its new mission statement.

FBOP is committed to providing a safe environment for both employees and adults in our custody,” Ms. Peters said.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.

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