Bill to Curb Solitary Confinement Fails But Cuomo Set to Implement Reforms
Cuomo, along with leaders from both houses of the Legislature, confirmed in a joint statement that a bill to restrict the use of solitary confinement and limit who's eligible for the punishment would not get a vote on the floor of either chamber.
June 21, 2019 at 12:11 AM
5 minute read
As a sweeping measure to restrict the use of solitary confinement fell short of enactment Thursday night, the Cuomo administration and lawmakers reached an understanding to allow some of those reforms to be implemented by the executive branch.
Gov. Andrew Cuomo, along with leaders from both houses of the Legislature, confirmed in a joint statement that a bill to restrict the use of solitary confinement and limit who's eligible for the punishment would not get a vote on the floor of either chamber.
“While we are disappointed that HALT legislation could not be passed this year, we have reached an agreement to dramatically reduce the use of solitary confinement in correctional facilities,” the statement said.
Instead, some of the changes that were proposed in the larger bill will be implemented administratively by the Cuomo administration.
Prisoners will not be allowed to remain in a special housing unit for solitary confinement beyond 30 days under the new rules. Advocates and lawmakers had pushed for a cap of 15 days.
The new rules will prohibit vulnerable incarcerated individuals from being housed in a special housing unit, like children, pregnant women and disabled individuals. They'll also ensure that only serious misconduct can land someone in solitary confinement, not petty offenses.
The state Department of Corrections and Community Supervision will be required to expand the use of specialized units where those released from solitary confinement can still be housed before returning to the general population area of a facility. Individuals housed in those units will receive specialized treatment and programming to encourage rehabilitation.
Individuals housed in the specialized units also will be able to earn an early release back into the general population area if they complete the programming assigned to them by staff. At no time will staff at the prison or jail be able to deny essential services to inmates as a form of discipline, including restricted diets.
The changes also will require more training for staff that work within special housing units on implicit bias, trauma-informed care, dispute resolution and more. Staff will only be able to send an individual to solitary confinement if there's a safety risk to others.
It's unclear whether the original legislation, called the Humane Alternatives to Long-Term Solitary Confinement Act, ever had legs among lawmakers, at least in the State Senate. It's already passed once in the Assembly, but the chamber decided not take similar action this year.
Sources familiar with negotiations on the measure in the Senate said there was a real concern that the bill would have been vetoed by Cuomo if they passed it with the Assembly. That's because Cuomo, in recent days, expressed concerns about the alleged cost of the bill, which would require new units to house prisoners away from others but outside solitary confinement.
Cuomo claimed the mandate could cost the state upward of $350 million and localities a combined $1 billion. The bill's sponsor, State Sen. Luis Sepulveda, D-Bronx, had disagreed on what the final cost of the bill would be.
Assemblyman Dan Quart, D-Manhattan, was a strong supporter of the measure, which he co-sponsored in the Assembly. He criticized the various positions against the legislation, including Cuomo's concerns over cost.
“This is not about financial feasibility, it's not about political will, and it's not about safety; passing this bill is about people's lives.” Quart said. “The governor's refusal to sign legislation that has broad democratic support is inexplicable and utterly disappointing and come January, passing the full HALT bill must be a priority.”
Advocates who support the bill had been on a hunger strike at the state Capitol and in other areas of the state for more than a week over the Legislature's failure to move on the legislation. Details on what was happening with the bill were few and far between in recent days, with some lawmakers saying the bill was still on the table until early Thursday evening.
The #HALTsolitary Campaign, a coalition of criminal justice groups who pushed the measure, criticized Democrats in a statement Thursday evening for crafting the deal with Cuomo, rather than passing the legislation.
They had expected the bill to move after Democrats took control of the chamber this year for the first time in nearly a decade. The legislation failed to come to the floor, despite a majority of members signing on to sponsor the bill.
“Following last year's election when Democrats took control of the State Senate we were repeatedly given assurances and promises that HALT was a priority for both houses,” the coalition said. “Instead leadership back-slid to politics as usual, where just three people, Governor Cuomo, Senate Leader Stewart-Cousins and Assembly Speaker Carl Heastie thwarted democracy and undercut the ability of their members to legislate on issues and values that they care about.”
Cuomo's office didn't give a timeline on when the new administrative actions would be implemented. Some can happen immediately, like limits on the use of solitary confinement. Others, like expanding specialized units, may take more time.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Decision of the Day: De Blasio Must Sit for Deposition in Suit Over City Program to Transfer Foreclosed Properties
The Legislature Has Enacted Landmark Criminal Justice Reforms. Now It Should Take Steps to Improve the System
8 minute readTrending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 3Guarantees Are Back, Whether Law Firms Want to Talk About Them or Not
- 4Trump Files $10B Suit Against CBS in Amarillo Federal Court
- 5Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250