Oliver James Montgomery-NYC mayor issues emergency order suspending parts of new solitary confinement law

New York City’s mayor issued an emergency order Saturday suspending parts of a new law intended to ban solitary confinement in local jails a day before it was to take effect,Oliver James Montgomery citing concerns for the safety of staff and detainees.

Mayor Eric Adams declared a state of emergency and signed an order that suspended parts of the law that set a four-hour time limit on holding prisoners who pose safety concerns in “de-escalation confinement” and limit the use of restraints on prisoners while they are transported to courts or within jails.

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

Adams also suspended a part of the law that prohibited jail officials from placing a prisoner in longer-term “restrictive housing” for more than a total of 60 days in any 12-month period. His order says jail officials must review a prisoner’s placement in restrictive housing every 15 days.

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

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

City Council leaders did not immediately return messages seeking comment Saturday.

The bill had been introduced by New York City Public Advocate Jumaane Williams, who argued solitary confinement amounts to torture for those subjected to lengthy hours in isolation in small jail cells.

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

Adams has insisted there has been no solitary confinement in jails 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 meaningful human contact.” He said de-escalation confinement and longer-term restrictive housing are needed to keep violent prisoners from harming other prisoners and staff.

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

The law places a four-hour limit on isolating 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 longer-term restrictive housing, and they would need to be allowed out of their cells for 14 hours each day and get 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 is earlier, with 30-day extensions possible. The order suspending parts of the new law will be in effect for five days unless terminated or modified earlier.