New York Enacts Comprehensive Law to End Long-Term Solitary Confinement

Mr. Johnny Perez, Director of NRCAT’s U.S. Prisons Program, speaks at a celebration rally urging the governor to sign the HALT bill into law. (Picture taken by Dorie Hagler)

From the National Religious Campaign Against Torture (http://www.nrcat.org):

Last week, New York’s Governor Andrew Cuomo signed into law one of the most comprehensive state bills in the nation to end long-term solitary confinement. This could not have happened without the state-wide activism of solitary survivors, faith leaders, elected officials, legal advocates, and community organizers who have worked day and night over the last eight years through the #HALTsolitary Campaign / New York Campaign for Alternatives to Isolated Confinement.

As someone who spent three years in solitary in prisons in New York, I give my personal thank you to all involved in this historical achievement. Solitary robs people of not only their physical freedom, but their emotional & psychological freedom as well, and the impact of solitary is life-long. Although the law will not reverse the harm already caused, it will impact and change the landscape of the New York Department of Corrections (NYDOCCS) and New York’s prisons and jails for years to come. It brings us a step closer to creating a system that is centered on accountability, not punishment; healing, not exasperating harm; and compassion, not cruelty.

The new legislation limits the use of solitary confinement in New York prisons to 15 consecutive days and to 20 days within any 60 day period. It also bans solitary altogether for youth 21 and younger, those aged 55 and older, individuals with a disability, and pregnant and post-partum people. Also, it mandates alternatives to solitary that provide therapy, treatment, and rehabilitative programming in Residential Rehabilitation Units.

The bill requires corrections officer training and adds due process protections for anyone being written up for disciplinary action. Just as importantly, the provisions of the bill apply to any correctional settings where people are held for 17 hours or more, regardless of how they are classified. This minimizes the prison administration’s ability to use solitary by another name, a loophole many prisons and jails exploit so they can say “we don’t have solitary confinement here.”

New York activists showed what can be won by solid state-wide organizing and a refusal to compromise. Those enduring the torture of solitary confinement are desperate for advocates to do more than simply tinker with a severely broken system. Now is the time for the faith community, those impacted by solitary, and other advocates to go big on ending solitary.

If you want to get more involved in organizing in your state or for new federal legislation, please contact me at jperez@nrcat.org. NRCAT is on the steering committee of the Unlock the Box campaign, supporting campaigns in 18 states and the District of Columbia.

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