A consent award to end the illegal prison guard strike across 38 of the 42 Department of Corrections and Community Supervision (DOCCS) facilities will continue to partially suspend programming mandated by the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) law.
“I want to take a moment to address the illegal walkouts that are occurring at prison facilities all across the State of New York,” said Gov. Kathy Hochul on Feb. 25. “Let me be clear: the illegal actions being taken by a number of individuals is putting the entire state at risk. We need them back to work; this must end immediately.”
An agreement was made last week between the state and New York State Correctional Officers and Police Benevolent Association, the union representing the staff which did not participate in the strikes, which are banned for public employees under the Taylor Law. Meanwhile, seven deaths in state prisons reportedly occurred since the protests began on Feb. 17, although any direct correlation is unknown. Hochul brought in the National Guard to cover absent posts.
Some staff returned to work this week following phone and online outreach from the state to the decentralized strikers over the consent award overseen by a third-party mediator, according to DOCCS commissioner Daniel Martuscello III. Strikes ended in six prisons including the maximum security Sing Sing and Green Haven facilities as of March 3.
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Earlier this week, Martuscello announced DOCCS began firing corrections officers who did not return to work and terminating their health insurance benefits.
While many key provisions of HALT remain intact and the partial suspension will only last another three months, the law faces resistance as striking guards cite safety concerns. Republican lawmakers in the state have reportedly called for Hochul to outright repeal the legislation, with some corrections officers echoing the sentiments.
Prison rights advocates lambasted the attacks against HALT, particularly as the strikes coincide with the recent, fatal beating of Robert Brooks at Marcy Correctional facility. Six staff members have been charged with murder over the death, which was caught on body-worn cameras.
“If you talk about people [who are] not safe, what about the incarcerated people?” said #HALTsolitary Campaign co-founder Victor Pate. “They’re not safe under the care of the New York State Department of Corrections.”
The HALT law, which advocates like Pate championed, largely aligns with basic international human rights. The United Nation’s Nelson Mandela Rules stipulates solitary confinement (defined as 22 hours or more a day alone in a cell) should be only used in emergencies. Prolonged solitary confinement, which exceeds 15 consecutive days, is considered torture and should not be used in any circumstance. The HALT law, passed in 2021, bans segregated confinement (which the legislation defines as more than 17 hours alone in a cell) from exceeding 15 consecutive days and limits use exceeding three consecutive days.
“It’s really important that the New York Department of Corrections and Community Supervision actually implement HALT fully,” said Jessica Sandoval, national director of the Unlock the Box campaign. “And essentially what that would mean is that New York would be aligned with the Mandela Rules, which is no more prolonged solitary confinement beyond 15 days. But it also gets people outside of their cell for much longer periods of time.
“It provides congregate programming, and it also bans certain populations from ever being in solitary, like the mentally ill, pregnant people, children [and] LGBTQ individuals.”
Along with suspending the HALT law, the consent award also included more overtime pay and no discipline for striking staff who returned by March 1. The protests cost the state roughly $25 million and would cost an estimated $106 million a month if they continue.
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.