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Opinion: AB-280, the Mandela Act, Can Bring an End to Prolonged Solitary Confinement

AB-280 was conceived as a direct response to the suffering endured by men, women, individuals with mental health conditions, the disabled and even children who have been subjected to solitary confinement for days, years, and even decades.

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Richard Johnson, of Formerly Incarcerated Giving Back, spoke at a rally at the state Capitol about his experience in solitary confinement and his support for the Mandela Act. Photo by Jonathan ‘Fitness’ Jones.
Richard Johnson, of Formerly Incarcerated Giving Back, spoke at a rally at the state Capitol about his experience in solitary confinement and his support for the Mandela Act. Photo by Jonathan ‘Fitness’ Jones.

By Richard Johnson

At the California State Capitol on Sept. 6, I had the privilege to advocate for AB-280, the Mandela Act, a bill aimed at putting an end to prolonged solitary confinement.

The following day, I actively participated in the “Day of Action” rally and spoke at the press conference organized by the California Mandela Coalition at California State Capital Park in Sacramento.

During my speech, I shed light on the torture and trauma of enduring solitary confinement for two decades and underscored the critical importance of passing AB-280 Mandela Act.

AB-280 was conceived as a direct response to the suffering endured by men, women, individuals with mental health conditions, the disabled and even children who have been subjected to solitary confinement for days, years, and even decades.

For those unfamiliar with the horrors of solitary confinement, it entails living in a cramped space, without windows but continuous lighting, and enduring extreme temperatures, whether excessively hot or cold.

Sometimes individuals are allowed to leave their cells for as little as 30 to 90 minutes, or sometimes not at all. It is misguided to assume that such conditions do not have a profound and detrimental impact, as prisons invariably reflect broader societal issues. I can speak to this from my own firsthand experiences which spanned years.

Being a youthful offender held in solitary confinement with nothing but one’s thoughts for solace is a daunting and challenging ordeal. The politics of prison life place everyone, both inside and outside, in constant jeopardy.

The United Nations has explicitly stated that any duration exceeding 15 days in solitary confinement constitutes cruel and unusual punishment. Given this fact, one must contemplate the implications of subjecting individuals to decades of such severe treatment, regardless of the circumstances that led them to prison or solitary confinement.

Punishment then becomes torture, a blatant violation of human rights, civil rights, and, most importantly, the moral principles that deem such treatment inhumane and wrong.

Regrettably, for some, life has been reduced to the ‘politrixs’ (manipulations of politics), where the treatment of one another is dictated by those in positions of power.

It is incumbent upon us, the people, to champion a movement against cruel and unusual punishment, which amounts to torture, and make it a central focus for change and resolution.

While one person may not be able to single-handedly alter the course, a united movement undoubtedly can. It is imperative that we stand up for humanity across all strata of society, rather than allowing past progress to become mere footnotes in history.

The courts, particularly the Ninth Circuit Court of Appeals, have, to a large extent, failed to recognize solitary confinement as torture, thereby giving tacit approval to treating individuals as less than human.

This court ruling has paved the way for further abuse within prisons. Therefore, it is crucial that citizens urge their state representatives to implore Gov. Gavin Newsom not to veto AB-280, a bill that unambiguously defines solitary confinement and elucidates its importance as a cornerstone in how we treat everyone, whether in society or confinement.

We must set aside politics and prioritize respect for human decency, and respect for life and the treatment of fellow human beings.

With elections on the horizon, time is of the essence. We must act now before it is too late. Change is inevitable, but it is imperative that we advocate for the right kind of change.

To ignore or show apathy toward this issue would be a grave mistake, as the future hinges on the actions we take today, recognizing that tomorrow is never guaranteed.

Let our state representatives know that we are resolute about fostering change and that we cannot allow this bill to be relegated to the annals of history. Yes, we may have been knocked down, but we are not knocked out or defeated.

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