Two and a half years ago, the so-called HALT law against solitary confinement went into effect, prohibiting holding inmates in isolation for extended periods of time, and while a new report by New York State Inspector General Lucy Lang notes that there has been progress, she also calls on the state Department of Corrections and Community Supervision (DOCCS) to step in to fully enforce the regulations.
“DOCCS has demonstrated progress in implementing HALT over the past two years, including improved adherence to timelines and the introduction of a uniform justification form for confinement. However, outdated paper and electronic record-keeping systems have hampered effective oversight both internally and by outside agencies like ours, particularly as it relates to out-of-cell programming and recreation,” she said. “I have seen these shortcomings firsthand during my visits to every correctional facility in New York State and I know we can do better.”
The Inspector called for modernizing recordkeeping systems to comply with the HALT Solitary Confinement Act, and while noting that there is an upward trend toward compliance with the Act’s mandates, she acknowledges that DOCCS’s failures prevent accurate monitoring. The agency has failed to provide data identifying all individuals held in segregated confinement since the Act’s enactment.
“Modernizing DOCCS’s record-keeping systems is essential to improving transparency and enhancing our ability, as well as that of other oversight agencies, to monitor compliance with the HALT Act, and by adopting these reforms and modernizing movement and tracking systems, DOCCS can maintain humane standards of treatment and move toward more rehabilitative practices, ultimately aligning with HALT’s goal of reducing the use of prolonged segregated confinement,” the Inspector added.
Prisoner advocates who have fought against solitary confinement have called on authorities not only to comply with the state’s demands, but also to put an end to illegal practices.
“How many more reports and lawsuits will it take to get Governor Hochul and the Department of Corrections and Community Supervision to comply with the HALT Solitary Confinement Act? It is outrageous that this rogue state agency (DOCCS) continues to flagrantly violate a law passed by a supermajority of both houses of the state legislature and signed by the Governor,” said Jerome Wright, co-chair of the #HALTsolitary campaign, insisting that the abuses must stop.
“It’s been three and a half years since the law was enacted, two and a half years since it went into effect, and despite report after report, lawsuit after lawsuit, media exposure after media exposure, the state continues to maintain its regime of torture, trauma, and death. Enough is enough,” the advocate added. “Solitary confinement is torture. It leads to psychosis, heart disease, self-harm, suicide, and death. It also worsens the safety of everyone inside prisons and in the communities outside. This has to end, and Governor Hochul must act to end it now.”
The Inspector’s Office also mentioned that in addition to the lack of records, DOCCS continues to fail to comply with mandatory consultations with staff and disparities in access to programs.
Jennifer Scaife, executive director of the Correctional Association of New York (CANY), joined the Inspector’s call and mentioned that as long as compliance with reporting is not worked on, there will be no way to fully confirm that prison authorities are adhering to the law.
“CANY strongly supports New York State Inspector General Lang’s call to modernize data collection within the Department of Corrections and Community Supervision to allow for more rigorous oversight of the implementation of the HALT Solitary Confinement Law,” the advocate said. “Without detailed electronic documentation, it is difficult to ensure that the State is achieving the law’s intended purpose of reducing the harms of solitary confinement.”