PUBLIC ADVOCATE PUSHES CITY TO IMPLEMENT SOLITARY LAW AS COURT FINDS STATE PRISONS IN VIOLATION OF BAN

 

New York’s State Supreme Court found that years after the statewide HALT Solitary law, state prisons continue to violate its provisions and hold people in solitary confinement for extended periods. At the same time, New York City is moving forward in the process of implementing Local Law 42, legislation from Public Advocate Jumaane D. Williams which mandates an enforceable ban on the prolonged isolation associated with solitary confinement in city jails. At a hearing of the Board of Corrections this week, Public Advocate Williams spoke of the need to fully, faithfully, and speedily implement the law.

“Many try to mask the practice of isolation with euphemistic names like punitive segregation, but there is not much difference–it is very often solitary confinement," said Public Advocate Williams. "Prolonged isolation that looks like, feels like, and acts like solitary confinement—is solitary confinement. Physical isolation coupled with the lack of meaningful social interaction causes or exacerbates trauma, as well as other mental health issues. The law as passed provides guidelines on how detainees should be separated, when necessary, in a way to make both those housed and working in NYC jails, just a bit safer.”

The state case charged that despite the ban on prolonged isolation, officials were finding ways to circumvent the law in practice. Similarly, on a city level, reports indicate that while solitary is banned in name, practices of harmful isolation have continued. The Public Advocate’s legislation closes these loopholes, while allowing for separation and de-escalation when necessary.

The Adams administration has repeatedly attempted to prevent this law from taking effect. The mayor vetoed the legislation in January and was overwhelmingly overridden by the City Council. Now, the administration wants the court to prevent the implementation of the law. 

After the administration signaled its intent to seek court intervention, the Public Advocate declared “The administration clearly has the resources to implement the law. Instead, they’re using those resources to try to continue the capability of prolonged isolation and preserve the status quo on Rikers.”

Before the Board on Monday, the Public Advocate stressed the importance of fully implementing the law, saying that “It is imperative that the Board ensure compliance with this law as written, as the administration has made clear that they do not wish to comply with Local Law 42, and have asked Judge Swain to halt implementation. Instead of trying to delay and circumvent their legal obligations to continue this deeply harmful practice, this administration should act immediately to implement this law.”