New York restricts use of solitary confinement

Albany, N.Y. — Following a yearslong push, New York is limiting the use of solitary confinement in state and local correctional facilities and banning the practice altogether for some inmates.

The Humane Alternatives to Long-Term Solitary Confinement Act, known as HALT, prevents inmates from being held in solitary confinement for more than 15 consecutive days, or 20 days total in any 60-day period.

It also bans solitary for those with mental or physical disabilities, pregnant women or those in the first eight weeks of postpartum recovery, as well as people under 21 or older than 55.

Gov. Andrew Cuomo signed the measure early Thursday, ending an eight-year advocacy campaign focused on reform and led by many formerly incarcerated individuals who spoke out against the practice.

“Generations of incarcerated men and women have been subjected to inhumane punishment in segregated confinement with little to no human interaction for extended periods of time and many experience emotional and physical trauma that can last for years,” Cuomo said in a statement.

Until his signing, it wasn’t clear if the governor supported the law. In the past, he has argued that the changes, such as implementing alternative rehabilitative measures and creating residential rehabilitation units, would be too expensive to implement.

The law, which will go into effect one year from now, includes guidelines for humane conditions in segregated confinement and increases training for staff working in special housing units on de-escalation techniques, implicit bias, trauma-informed care, and dispute resolution.

Jerome Wright, statewide organizer for the #HALTsolitary Campaign, who spent more than seven years in solitary, called the change an “important victory in the struggle for racial justice and human rights.”

He also notes that segregated confinement for more than 15 days is considered torture under the Nelson Mandela Rules adopted by the United Nations.

“Solitary confinement is torture,” Wright said. “It causes immense suffering and destroys people’s minds, bodies and souls. It should have no place in New York state or the rest of this country or world. I know because I survived it.”

Jovada Senhouse, community leader and a board member with the group VOCAL-NY slammed the governor for his past efforts to sideline the bill, including in 2019 when a deal was struck to enact a Cuomo-backed plan to amend some solitary confinement uses in lieu of the full HALT bill.