New York City’s mayor issued an emergency order Saturday suspending parts of a new law aimed at banning solitary confinement in local jails the day before it took effect, citing concerns about the safety of staff and detainees.
Mayor Eric Adams declared a state of emergency and signed an order that suspended portions of the law that placed a four-hour limit on holding prisoners who pose safety concerns in “de-escalation confinement” and limited the use of restraints on prisoners while they are transported to courts or prisons.
The four-hour limit could only be exceeded in “exceptional circumstances”. Under these circumstances, prisoners would be released from de-escalation confinement “as soon as practicable” and when they no longer pose an imminent risk of serious harm to themselves or others, per the mayor’s order.
Adams also suspended a portion of the law that prohibited corrections officials from placing a prisoner in long-term “restrictive housing” for more than 60 days in any 12-month period. His order says prison officials must review a prisoner’s placement in restrictive housing every 15 days.
“It is critically important to protect the health and safety of all people in Department of Correction custody and all officers and people who work in New York City jails and who transport people in custody to courthouses and other facilities. and the public,” Adams wrote in his state of emergency declaration.
Adams vetoed City Council approval of the project, but the council overrode the veto in January.
City Council leaders did not immediately return messages seeking comment Saturday.
But board spokeswoman Shirley Limongi issued a statement harshly criticizing Adams.
“Every day Mayor Adams’ administration shows how little respect it has for laws and democracy, sets more hypocritical double standards for law enforcement, which leaves New Yorkers worse off. In this case, our city and everyone in its dysfunctional and dangerous prison system, including employees, are less safe. The reality is that the law already included broad safety exemptions that make this ’emergency order’ unnecessary and another example of Mayor Adams’ excessive use of executive orders without justification,” the statement said.
The bill was introduced by New York City Public Advocate Jumaane Williams, who argued that solitary confinement amounts to torture for those subjected to long hours of isolation in small prison cells.
Williams and other supporters of the new law, including prominent members of the New York Congressional Delegation, pointed to research that shows that solitary confinement, even if just for a few days, increases the likelihood that an inmate will die from suicide, violence or overdose. It also leads to acute anxiety, depression, psychosis and other disabilities that can reduce an inmate’s ability to reintegrate into society upon release, they said.
Adams insisted there has been no solitary confinement in prisons since it was eliminated in 2019. He said solitary confinement is defined as “22 hours or more per day in a locked cell and without significant human contact.” He said de-escalation confinement and long-term restrictive housing are necessary to prevent violent prisoners from harming other prisoners and staff.
Corrections officials, the guards union and a federal monitor appointed to evaluate operations at city jails have opposed parts of the new law, also citing safety concerns.
The law sets a four-hour limit on the isolation of inmates who pose an immediate risk of violence to others or themselves in de-escalation units. Only those involved in violent incidents could be placed in long-term restrictive housing, and would have to be allowed out of their cells for 14 hours a day and have access to the same programming available to other inmates.
Adams’ state of emergency declaration will remain in effect for up to 30 days or until it is rescinded, whichever comes first, with possible 30-day extensions. The order suspending parts of the new law will take effect for five days unless it is rescinded or modified sooner.
