Shelby County Juvenile Detention: Oversight Needed to Prevent Solitary Confinement Abuse

Concerns are growing in Shelby County, Tennessee, regarding the potential for the continued use of solitary confinement in its juvenile detention center, despite recent legislative efforts to limit the practice. While a new ordinance was intended to restrict the amount of time children spend in isolation, advocates fear a lack of independent oversight could allow the practice to persist without accountability.

The debate centers on the Shelby County Youth Justice and Education Center, and follows an investigation that revealed youth were regularly held in solitary confinement for extended periods – sometimes exceeding 23 hours a day – under the authority of the Shelby County Sheriff’s Office between 2023 and 2025. Although the county’s Division of Corrections has since taken over operation of the facility, concerns remain about the potential for a return to previous practices.

Jerri Green, who assisted in drafting the new ordinance during her time as a policy advisor for Shelby County Mayor Lee Harris, argues that existing oversight from the Tennessee Department of Children’s Services (DCS) is sufficient. However, advocates and even a DCS spokesperson acknowledge the agency’s limited enforcement power. According to the DCS representative, while the agency can request compliance with state rules, it lacks the authority to prevent a facility from operating if those requests are ignored.

This limited authority is particularly concerning given discrepancies between state law and DCS regulations regarding “seclusion” – the term used for solitary confinement. Tennessee law prohibits holding children in seclusion for more than two continuous hours. However, DCS standards define seclusion differently, potentially allowing for longer periods of isolation without violating departmental rules. Specifically, a child isolated in a cell but still able to see or hear others in the housing unit may not be considered “secluded” under DCS guidelines, despite violating state law.

Experts in the field emphasize the detrimental effects of isolation on young people. Terry Kupers, professor emeritus at the Wright Institute and a leading expert on solitary confinement, highlights the fundamental human need for social interaction. Even limited contact, such as hearing voices through walls, is not a substitute for meaningful human connection.

The situation is further complicated by a history of insufficient oversight. The state comptroller’s office recently found that every juvenile detention center it independently inspected was out of compliance with regulations in “critical areas,” despite regular inspections by DCS. This finding underscores the limitations of the current oversight system and raises questions about its effectiveness.

Advocates, including Ala’a Alattiyat, coordinator for the Youth Justice Action Council, point to a pattern of unchecked power and a lack of transparency. Alattiyat notes that previous efforts to reduce solitary confinement in the county were abandoned after key personnel left their positions, leading to a resurgence of the practice. She believes that independent oversight is crucial to prevent a similar outcome.

The Youth Justice Action Council has proposed the establishment of a citizen review board with the authority to conduct unannounced inspections, review complaints, and communicate directly with the county commission. This board would ideally include both youth and adults with lived experience in the juvenile justice system.

Past investigations have revealed instances where DCS inspectors failed to adequately investigate concerns raised about solitary confinement. In one case, an inspector accepted assurances from detention center leadership regarding the separation of youth without interviewing those youth directly, despite evidence suggesting the area was being used for isolation.

While DCS can pursue legal action against facilities violating its standards, it rarely does so, according to Zoe Jamail, a former policy director at Disability Rights Tennessee. This reluctance to enforce its own regulations further weakens the oversight system.

The current situation highlights a systemic issue within Tennessee’s juvenile justice system. A 2023 investigation by ProPublica and WPLN found that the Richard L. Bean Juvenile Service Center in Knoxville routinely used solitary confinement in violation of DCS policies, and DCS took no action to address the issue. A class-action lawsuit filed in 2024 alleged that DCS and the state failed to provide sufficient oversight of juvenile facilities, contributing to the illegal use of solitary confinement.

The debate over oversight reflects a broader concern about the need for accountability and transparency in juvenile detention facilities. Advocates argue that independent oversight is not merely desirable, but essential to protect the rights and well-being of incarcerated youth and prevent the recurrence of harmful practices.