ANOTHER SWING AT SOLITARY: Gov. Gavin Newsom wants to make California prisons less punitive — but he still hasn’t cracked the code on solitary confinement. As Playbook reported on Tuesday, Newsom has been touting a more humane model of incarceration that would emphasize programming and education. But he’s been resistant to reconsidering the practice of confining inmates to small cells for most of the day and isolating them from the general prison population. The state Department of Corrections and Rehabilitation prefers to use the phrase “restricted housing” and balks at the use of the term “solitary confinement” without explanation. And powerful state law enforcement groups, including the California Correctional Peace Officers Association have opposed previous reform efforts. Those against the changes lawmakers have proposed say solitary confinement is a necessary tool needed to keep order and protect inmate and staff safety in detention facilities. Altering the status quo would require rethinking how the state manages inmate conduct. For advocates, inmate isolation represents everything that’s wrong with California’s correctional system, which they say dehumanizes people and fails to rehabilitate them. Now, they may have an opening. A bill from Assemblymember Rebecca Bauer-Kahan would prohibit prisons or detention facilities from placing prisoners in solitary confinement during pregnancy and for a 12-week postpartum period. It’s a far narrower change than the existing proposal from Assemblymember Chris Holden to restrict the practice, and the one Newsom vetoed in 2022. Bauer-Kahan said she’s negotiating with state corrections officials ahead of key appropriations committee hearings next week, which makes her optimistic about its chances. The assemblymember said representing isolated inmates as a criminal defense attorney has influenced her thinking on solitary confinement, as she has seen “the impact that had on mental health and physical health, and everything goes along with it.” “To be pregnant, to remain healthy, I really, truly believe that restrictive housing shouldn’t be a part of the equation,” Bauer-Kahan said. Her proposal, which is largely focused on pregnant prisoners’ well-being, requires them to be given a minimum amount of bottled water each day, as well as meals that meet certain nutritional guidelines, among other standards. For Holden, who terms out this year, it’s the last chance to push through legislation he has long championed. His bill would ban solitary confinement for certain vulnerable populations, including pregnant people, and limit isolation to 15 consecutive days — and no more than 45 days in a 180-day period — for everyone else. Last year, Holden parked it in the Assembly during the last days of session, where it remains. He said he was seeking more time to refine the proposal and engage with the governor’s office. When Newsom vetoed Holden’s bill in 2022, the governor called the practice “ripe for reform,” but said the proposal was too broad and could risk staff and inmate safety. His administration last year issued new solitary confinement regulations that seemed to represent the governor’s thinking on the practice. They give isolated inmates more outside cell time, allow greater participation in rehabilitative programming and create ways to accelerate their release from solitary cells. Holden’s current bill would likely again make it to the governor’s desk. It easily cleared the Assembly last year, squeaked off the Senate floor and now awaits a final vote in the Assembly. But Newsom has given no indication that he has changed his mind. His Department of Finance opposes both Holden and Bauer-Kahan’s bills. The agency cites cost concerns and said Holden’s bill doesn’t do enough to address the governor’s issues from his veto message. Bauer-Kahan admitted the solitary confinement piece of her proposal would be the most costly. That’s mostly because some people are placed in isolation as a form of protection if they’re facing safety threats. Corrections officials have said there would be increased labor costs if facilities can’t put pregnant inmates in solitary confinement. One potential solution, she said, would be to rehouse pregnant prisoners, instead of isolating them. Bauer-Kahan continues to be supportive of Holden’s bill, even though it would make the solitary confinement piece of hers unnecessary. “That's great if that happens,” she said. “But in the event that it doesn’t, making sure that these individuals have the conditions they need to thrive, I think we all agree is critical.” IT’S WEDNESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to lholden@politico.com. | 
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