NYC Mayor Issues Emergency Order Suspending Parts of New Solitary Confinement Law

DAVE COLLINS, Associated Press

11 minutes ago

FILE – A solitary confinement cell at Rikers Island Jail in New York City, Jan. 28, 2016. New York City’s mayor issued an emergency order Saturday suspending parts of a new law banning solitary confinement in local jails, a day before it was set to take effect, citing safety concerns for staff and inmates. (AP Photo/Bebeto Matthews, File)

New York City’s mayor issued an emergency order Saturday suspending parts of a new law banning solitary confinement in local jails a day before it was set to take effect, citing concerns about the safety of staff and inmates.

Mayor Eric Adams declared a state of emergency and signed an order suspending parts of the law that set a four-hour time limit on holding inmates who pose a safety risk in “de-escalation confinement” and restricted the use of restraints on inmates while they were being transported to court or within the jail.

The four-hour limit may only be exceeded in “exceptional circumstances.” In those circumstances, prisoners will be released from de-escalation confinement “as soon as possible” and when they no longer pose an imminent risk of serious harm to themselves or others, the mayor’s order said.

Adams also suspended a portion of the law that prohibited prison officials from placing an inmate in “restricted housing” for more than 60 days in a 12-month period. His order requires prison officials to review an inmate’s placement in restricted housing every 15 days.

“It is of the utmost importance to protect the health and safety of all persons in the custody of the Department of Corrections and of all officers and persons working in the New York City jails and prisons who transport persons in custody to court and other facilities, and of the public,” Adams wrote in his emergency declaration.

Adams had vetoed the bill’s passage by the City Council, but the council overrode his veto in January.

City council leaders did not immediately respond to requests for comment Saturday.

But council spokeswoman Shirley Limongi released a statement sharply criticizing Adams.

“Every day, Mayor Adams’ administration demonstrates its disregard for the law and democracy, setting more hypocritical double standards for law enforcement that leave New Yorkers worse off. In this case, our city and everyone in its dysfunctional and dangerous prison system, including staff, are less safe. The reality is that the law already contained broad security exemptions that make this ’emergency’ measure unnecessary and is yet another example of Mayor Adams overusing executive orders without justification,” the statement said.

The bill was introduced by New York City Attorney General Jumaane Williams, who argued that solitary confinement amounts to torture for people held in small cells for hours on end.

Williams and other proponents of the new law, including prominent members of New York’s congressional delegation, have pointed to research showing that solitary confinement, even for a few days, increases the likelihood that an inmate will die by suicide, violence or overdose. It also leads to acute anxiety, depression, psychosis and other impairments that can impair an inmate’s ability to reintegrate into society when released, they said.

Adams has maintained that solitary confinement is no longer in prisons since it was abolished in 2019. He said solitary confinement is defined as “22 or more hours per day in a locked cell and without meaningful human contact.” He said de-escalation confinement and long-term restrictive housing are needed to prevent violent inmates from harming other inmates and staff.

Prison officials, the guards’ union and a federal watchdog appointed to evaluate operations at the city’s jails objected to parts of the new law, citing safety concerns.

The law sets a four-hour limit on isolating prisoners who pose an immediate risk of violence against others or themselves in de-escalation units. Only those involved in violent incidents can be placed in long-term restrictive housing, and they would be allowed out of their cells 14 hours a day and given access to the same programming available to other prisoners.

Adams’ emergency declaration will remain in effect for up to 30 days or until revoked, whichever comes first, with possible 30-day extensions. The order suspending parts of the new law will remain in effect for five days unless terminated or modified earlier.