New York Mayor issues emergency order repealing parts of new solitary confinement law

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

Mayor Eric Adams declared a state of emergency and signed an executive order repealing parts of the law that limit the detention of prisoners who pose a safety risk in “de-escalation custody” to four hours and restrict the use of restraints during transport to courts or within prisons.

The four-hour limit can only be exceeded under “exceptional circumstances.” Under these circumstances, prisoners would be released from de-escalation custody “as soon as practically possible” and when they no longer pose an immediate risk of serious injury to themselves or others, the mayor’s order states.

Adams also repealed a portion of the law that prohibited prison officials from placing a prisoner in “restricted confinement” for a prolonged period of time, that is, for more than a total of 60 days in any 12-month period. His order requires prison officials to review a prisoner’s confinement in restricted confinement 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 Correction and all officers and persons working in the New York City jails and transporting incarcerated persons to courts and other facilities, as well as the public,” Adams wrote in his state of emergency declaration.

Adams had blocked the City Council’s approval of the bill with a veto, but the council overrode the veto in January.

City council members did not immediately respond to requests seeking comment on Saturday.

But council speaker Shirley Limongi issued a statement sharply criticising Adams.

“With each passing day, Mayor Adams’ administration demonstrates how little respect it has for the law and democracy. It sets even more hypocritical double standards for compliance with the law 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 contains broad safety exceptions that make this ’emergency order’ unnecessary and are another example of Mayor Adams overusing executive orders without justification,” the statement said.

The bill was introduced by New York City Ombudsman Jumaane Williams, who argued that solitary confinement was tantamount to torture for people who had to spend many hours isolated in small prison cells.

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

Adams stressed that solitary confinement has not been used in prisons since it was abolished in 2019. Solitary confinement is defined as “22 hours or more per day in a locked cell and without meaningful human contact.” He said de-escalation measures and longer-term restrictive housing are needed to prevent violent prisoners from harming other prisoners and staff.

Prison officials, the guards’ union and a federal supervisor tasked with evaluating city prison operations opposed parts of the new law, also citing safety concerns.

The law provides for a four-hour period of isolation for inmates who pose an immediate threat of violence against others or themselves. Only those who have been involved in violent incidents could be placed in long-term restrictive housing. They would have to be allowed to leave their cells for 14 hours a day and have access to the same programs as other inmates.

Adams’ state of emergency declaration will remain in effect for up to 30 days or until it is lifted, whichever comes first, with a 30-day extension possible. The order suspending parts of the new law will remain in effect for five days unless it is lifted or modified sooner.