{"id":807079,"date":"2022-09-21T15:35:37","date_gmt":"2022-09-21T15:35:37","guid":{"rendered":"http:\/\/radiofree.asia\/?guid=c57496c484d18f0a7cdfb11f83d8d369"},"modified":"2022-09-21T15:35:37","modified_gmt":"2022-09-21T15:35:37","slug":"new-york-prisons-are-blatantly-violating-state-law-limiting-solitary-confinement","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2022\/09\/21\/new-york-prisons-are-blatantly-violating-state-law-limiting-solitary-confinement\/","title":{"rendered":"New York Prisons Are Blatantly Violating State Law Limiting Solitary Confinement"},"content":{"rendered":"

New York advocates fought for eight years to limit solitary confinement in the state\u2019s jails and prisons. They rallied at the state capitol, lobbied lawmakers, built a mock solitary confinement cell to drum up public support, and even went on hunger strike<\/a>.<\/p>\n

On March 31, 2021, they rejoiced when New York passed the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act<\/a>, drastically limiting the amount of time that people in jails and prisons can spend in solitary confinement. The law took effect on March 31, 2022.<\/p>\n

Now, advocates who helped pass the law, as well as those currently confined in these rehabilitation units, are charging that the New York State Department of Corrections and Community Supervision (DOCCS) is failing to follow the law.<\/p>\n

The restrictions set by the law are clear: HALT limits time spent in any type of segregated confinement to 15 consecutive days (or 20 days within a 60-day period). New York prisons have many names for their segregated confinement units, but all of them refer to confinement in which a person spends more than 17 hours each day locked in their cell. There\u2019s the special housing unit, or SHU, for those who have been found guilty of violating prison rules. There\u2019s \u201cadministrative segregation\u201d for people whom officials deem a threat to the safety and security of the prison. There\u2019s \u201cprotective custody\u201d for people who are likely to be threatened or intimidated. Until recently, there was also \u201ckeeplock,\u201d in which a person was confined to their cell for 23 hours. (The New York State Department of Corrections and Community Supervision eliminated keeplock just after HALT was signed into law.)<\/p>\n

Prior to HALT\u2019s implementation, people had spent years and sometimes multiple<\/a> decades<\/a> in isolation. It\u2019s a practice that United Nations Special Rapporteur on Torture Juan Mendez has labeled as torture. Mendez has called for a prohibition against solitary confinement<\/a> beyond 15 days.<\/p>\n

The HALT law also limited the types of actions that could land a person in solitary. Acts such as physical or sexual assault, <\/strong>extortion and escape can still result in a special housing unit sentence. Less serious violations of prison\u2019s rules still carry consequences, such as loss of phone calls or recreation time, but no longer result in an extended period in isolation.<\/p>\n

Those sentenced to more than 15 days in the special housing unit are now sent to residential rehabilitation units, or RRUs. These units, which the New York State Department of Corrections and Community Supervision has defined as separate housing units \u201cused for therapy, treatment, and rehabilitative programming,\u201d<\/a> are supposed to offer six hours of programming that are both out of the cell and with other people.<\/p>\n

However, \u201cit\u2019s still isolated confinement no matter how you spin it or what fancy acronym you attach to it,\u201d said \u201cDennis,\u201d who is currently in one of these residential rehabilitation units. (Dennis asked that Truthout <\/em>withhold his legal name to prevent retaliation. \u201cThey\u2019re real \u2018hands on\u2019 up here,\u201d he warned.)<\/p>\n