Key Takeaways:
- The Trump administration has been treating 37 prisoners who had their death sentences commuted by President Biden as harshly as possible.
- Ten of the prisoners were transferred to the ADX Florence prison in Colorado, a maximum-security facility with restrictive conditions.
- The transfer of prisoners to ADX Florence violates current federal policy and may be unconstitutional.
- Prisoners’ care levels were downgraded to justify their transfer to ADX Florence, despite no significant changes to their health.
- The prisoners’ discipline records do not support their transfer to ADX Florence, with some having no discipline records or violent infractions in over a decade.
Introduction to the Controversy
The Trump administration has been under scrutiny for its treatment of 37 prisoners who had their death sentences commuted by President Biden. Despite Biden’s decision to spare their lives, the Trump administration has been making efforts to punish them as harshly as possible. This has included transferring ten of the prisoners to the ADX Florence prison in Colorado, a maximum-security facility with restrictive conditions. The transfer has been met with criticism from lawyers and advocates, who argue that it violates current federal policy and may be unconstitutional.
The Transfer Process
The transfer of the prisoners to ADX Florence was not a straightforward process. Initially, officials followed the standard "redesignation" process to decide where the 37 prisoners should be sent, considering factors such as location, security, programmatic needs, mental and physical health requirements, and faith-based necessities. However, after Trump took office, the administration released an executive order indicating its intention to punish the prisoners and change their prison placement recommendations. The order stated that the Attorney General should take all lawful and appropriate action to ensure that the offenders are imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.
Violations of Federal Policy
The transfer of the prisoners to ADX Florence violates current federal policy. The prison is designed for inmates who have demonstrated an inability to function in a less restrictive environment without being a threat to others, and the conditions are some of the most restrictive in the federal system. However, documents obtained by NPR show that the prisoners’ care levels were downgraded to justify their transfer to ADX Florence, despite no significant changes to their health. This is in violation of federal guidelines, which state that care levels should only be adjusted if a prisoner’s health changes.
Lack of Justification
The prisoners’ discipline records do not support their transfer to ADX Florence. Some of the prisoners had no discipline records whatsoever at the time they were recommended to be transferred, and others had not had a discipline record or a violent or escape-related infraction in over a decade. A former correctional officer who used to work as a guard on federal death row in Terre Haute described the prisoners as "mellow," well-behaved, and not aggressive. The officer stated that "you’re up there with them for years, you get to know them," and that "most of those inmates are safer to be around than those in [the] general population."
Consequences of the Transfer
The transfer of the prisoners to ADX Florence has had severe consequences. One of the prisoners, Chadrick Fulks, attempted to kill himself after being told he would be transferred to the prison. Fulks carved four letters into his chest, then tried to hang himself with a noose, and finally used a razor blade to slit his wrists and neck. Another prisoner, Rejon Taylor, has started entertaining the idea of suicide himself, stating that he would "rather orchestrate my own demise than exist in conditions not designed for humanity." The pending move is still weighing on other former death row prisoners, with some making elaborate plans to harm themselves.
Criticism and Concerns
The transfer of the prisoners to ADX Florence has been met with criticism from lawyers and advocates. Brian Stull, a lawyer for the American Civil Liberties Union, stated that the government’s actions are "gravely damaging" and that the prisoners are being treated like "pawns caught in the crossfire." Robin Maher, the director of the Death Penalty Information Center, believes that the government’s infliction of punishment on the prisoners by sending them to ADX with no security justification is unlawful. Dr. Andrea Brockman, a psychologist who worked with ADX prisoners for three years, stated that the extreme isolation created mental distress for inmates, and that the government’s threat of transferring them to ADX is "directly linked" to the prisoners’ recent suicidal thoughts and attempts at suicide. Brockman emphasized that "psychologically, we are messing with them," and that the government’s actions will cause long-term damage to the prisoners’ mental health.
