NY's correctional system must embrace reforms to solitary confinement policy

Marsha Cohen
·3 min read

Recently, I accompanied the Correctional Association of New York on a monitoring visit to Fishkill Correctional Facility in Beacon, New York. This experience gave me a firsthand look at incarceration conditions and the chance to converse with both incarcerated people and corrections staff. As the executive director of an organization dedicated to supporting innovative mental health initiatives for underserved groups, I was particularly focused on observing the HALT Solitary Confinement Law's implementation, a crucial step in limiting isolated confinement in New York State.

The observations from my visit highlight the need for urgent action.

On the positive side, the conversations I had with incarcerated individuals at Fishkill shed light on positive aspects of mental health support and programs, especially for those preparing to re-enter society. Their accounts showcased the potential for meaningful rehabilitation within the prison system. However, this positivity was contrasted with the horrifying realities of solitary confinement.

Last year, following nearly a decade of advocacy, the HALT Solitary Confinement Act went into effect and introduced a stringent framework for the use of solitary confinement in New York’s prisons. It specifically limits the duration of such confinement to a maximum of 15 consecutive days, or 20 days within a 60-day span. In instances where punitive sentences surpass the 15-day threshold, immediate transfer to a Residential Rehabilitation Unit becomes mandatory. This setup aims to foster heightened engagement beyond the individual’s cell and facilitate participation in group programs. Beyond this, the law also limits the use of short-term solitary confinement for individuals experiencing severe mental illness and other vulnerabilities.

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Conditions observed at Fishkill Correctional Facility in Beacon during a recent tour highlight the urgent need for action on how New York's prisons handle solitary confinement.
Conditions observed at Fishkill Correctional Facility in Beacon during a recent tour highlight the urgent need for action on how New York's prisons handle solitary confinement.

One concerning discovery at Fishkill was the persistent disregard for time limits set by the new law, which should not exceed 15 days. In interviews, I heard directly from two men who had been held for 22 days together in a cramped single cell amid oppressive heat during a summer heatwave, without a change of clothes. The conditions in the solitary units at Fishkill were uncomfortable, with some windows sealed shut as hot air was circulating. Additionally, we received reports that indicated additional obstacles preventing access to essential rehabilitation programs. These circumstances create an atmosphere of retribution that runs counter to the idea of fostering rehabilitation and second chances.

Another issue was the practice of shackling individuals to classroom furniture without proper assessment, a direct violation of the HALT law's oversight provisions. This practice hampers the rehabilitation process and undermines the goal of reintegration. Put simply, how can a person learn in a classroom while being shackled to a chair for hours on end?

Further complicating matters, incarcerated individuals in disciplinary units faced difficulties accessing law library resources, including the inability to obtain vital legal information to those unable to visit the library due to punitive measures.

While some progress has been made with the HALT law's rollout, there's an urgent need for its complete implementation. This step is not only morally imperative but also essential for equipping incarcerated individuals with the tools necessary for self-improvement. Improved access to programs, incentives and a more humane environment can significantly enhance outcomes for those within the correctional system and have a positive ripple effect on society.

Marsha Cohen is the executive director of the van Ameringen Foundation, based in Manhattan, which funds innovative and practical programs for early intervention, advocacy and increased accessibility of mental health services for people and communities with limited financial means and opportunities.

This article originally appeared on NorthJersey.com: NY solitary confinement: NYS corrections HALT Act