Last June, the bipartisan PROTECT Act was about to become law before Governor Ned Lamont vetoed it. Had he signed the bill, he would have limited solitary confinement in state correctional facilities.

Governor Lamont expressed support for this goal in his veto announcement. He signed Executive Decree No. 21-1 alongside his veto as a substitute. His announcement claimed that Order 21-1 was “stronger than the United Nations” Mandela Rules and progressive policies and laws instituted in other states. This is unequivocally false. The executive order has failed to live up to its lofty goals, endangering the human dignity of incarcerated people across the state.

The language used throughout Decree 21-1 is inspired by the PROTECT law. Its definitions of solitary confinement and prolonged solitary confinement draw directly from the Mandela Rules, the minimum standard of treatment for incarcerated persons.

He ordered the Department of Correction to limit the use of solitary confinement, increase social contact for those incarcerated, and minimize the use of in-cell restraints. It expanded the definition of vulnerable people to include elderly, pregnant, hearing, visually impaired and intellectually disabled inmates.

On paper, these guidelines appear to be serious investments in the dignity of incarcerated people across the state. But without any method of independent oversight, the governor’s efforts cannot match, let alone surpass, the practices of other states. Its difficult potential restyouch against Bob Stefanowski demonstrates that Executive Order 21-1, which his successor can overturn, is far from a permanent solution.

Rule 45 of the Mandela Rules states that any solitary confinement must be “subject to independent review”. This principle is part of widely accepted correctional services in the West. According to a UT Austin studymore than 90% of European Union countries have put in place serious monitoring mechanisms “to monitor the conditions and treatment of people detained in all detention centres”.

In Europe, the UK has developed a ‘gold standard’ for correctional supervision. It allows three independent offices regularly visiting prisons in England and Wales, investigating complaints from prisoners and examining deaths in the establishments. The Office of the Prison Ombudsman of PROTECT law 2021 would have performed similar tasks. Ability to investigate complaints from inmates, evaluate DOC facilities, and provide policy recommendations. Governor Lamont’s decision to reject the framework outright leaves Connecticut lagging behind as independent mechanisms continue to protect correctional facilities around the world. It’s the Connecticut Ddifference.

Allegedly stronger that “progressive policies and laws instituted in other states,” the omission of independent oversight in Executive Order 21-1 also puts us behind several states. According to UT Austin, 15 states and Washington, DC already have independent means of “respond to complaints from prisoners and/or monitor conditions of detention”. They include neighbors like New York, New Jersey, and Massachusetts. Additionally, bills to create similar devices “were recently pending in states like Arizona, Florida, Mississippi, and Texas.”

When it comes to complaint investigations, Connecticut was ahead of its time. The state ran a correctional ombudsman’s office for decades before eliminating it in 2010 due to budget cuts. With no clear way to file complaints, those incarcerated in Macdougall, Cheshire, Osborn, York and Garner resorted to written letters to Stop Solitary CT. For example, people incarcerated in cheshire claim that the abuse of confinement procedures keeps them in their cells 24 hours a day for one to three days each time without “showers or phone calls”.

Fortunately, the CGA is ready to give the governor a second chance. An amended version of the PROTECT Act was recently defeated by the Judiciary Committee and now awaits a vote in the Connecticut Senate. SB 459 would limit the use of solitary confinement, increasing time out of cells, creating an ombudsman’s office with a civilian oversight advisory board, and promoting transparency. If it is rejected by both houses of the Connecticut General Assembly, he will head to the governor’s office, where he will again decide whether to sign it or veto it.

Governor Lamont understands that Connecticut has a responsibility to ensure the dignity and health of inmates and prison staff. To ensure that solitary confinement is not abused in any Connecticut correctional facility, he must sign SB 459 before the end of this legislative session.

David Acquaah-Mensah is a senior legislative member of the Yale College Democrats.