Fight to define solitary confinement continues ahead of council vote
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Mayor Bill de Blasio spoke in support of the BOC’s new plan to end solitary confinement. Photo via BOC
By Rachel Vick
As lawmakers, community organizations and formerly incarcerated advocates rally in opposition to the Board of Correction plan to end solitary confinement, which they say fails to comply with state legislation, the city agencies responsible for the plan are sticking by it.
The BOC worked together with the Department of Correction to craft the two-level Risk Management Accountability System, which will include increased transparency and protections for inmates, according to the BOC.
“Not only are we confident that RMAS complies with [HALT Solitary requirements] when it comes to eliminating solitary, we believe it goes much further,” said DOC Press Secretary Jason Kersten. “It mandates more programming, eliminates the use of routine restraints, and allows people to communicate with the people next to them for a minimum of 10 hours a day. We don’t claim that it’s perfect, and we will keep refining it after the initial implementation in November.”
If placed in the unit, incarcerated individuals will have 10 hours of out-of-cell time and the “strong presumption” of moving from a higher to lower risk level within 15 days and release from RMAS altogether within a month, according to the BOC.
They will also have one hour of recreation alone in either a recreation pen or a vacant cell and one hour of programming with staff in a shared space.
The BOC said that the time out of cell will include meaningful engagement and individualized programming.
"The Board's new rules end punitive segregation, or solitary confinement, providing safe, humane treatment for all while expanding the amount and quality of engagement and programming for people in restrictive housing,” said Jennifer Jones Austin, chair of the NYC BOC.
Mayor Bill de Blasio responded on Monday in support of the new plan, which was approved in June 2021, citing a need for a way to continue to address “behavior that's unacceptable towards fellow inmates, towards officers.”
“There still has to be some ability to have a sanction, but not one that cuts off people in such a profoundly harmful manner,” he said.”This is not solitary confinement. This is something that was worked through very carefully with correction experts and with our Board of Correction.”
In May, the Corrections Officer’s union filed a federal civil rights lawsuit against the state and the Department of Corrections to overturn the HALT legislation on the basis that it would endanger officers.
“The HALT bill is designed to help the most violent incarcerated individuals,” Corrections officer Hayes said during a press conference, NY1 reported. “The HALT bill is also designed to hurt those who protect and serve the state of New York.”
The union did not respond to request for comment for this story.
State and city lawmakers joined advocates, however, disagreed with the characterization during a rally on Wednesday, drawing on the lived experience of people who experienced solitary confinement on Rikers Island — and the stories of those who died while inside.
Assemblymember David Weprin, Councilmember Daniel Dromm and Senate HALT sponsor Carlina Rivera joined the surviving family of Layleen Polanco, who died in her Restrictive Housing Unit cell in 2019.
“The slightly different cage was not going to save my sister’s life,” said Melania Brown. “23 hours a day alone in a cell is inhumane. No human should go through this torture.”
Solitary survivor and activist Candie recounted her experience after being placed in solitary for her own protection after being attacked by an officer while awaiting trial. She said she was not given period products and was ticketed when she tried making her own out of a piece of uniform.
“Solitary needs to end. It could be your loved ones. It could be you,” she said. “There needs to be more programs. There are people in solitary who can’t read. Instead of putting them in solitary, give them an ESL class or put them in a GED program.”
