In the wake of the nearly week-long, unsanctioned walkout by some correctional officers across the state, the Department of Corrections and Community Supervision (DOCCS) is making some immediate changes to get corrections officers back to work.
The department’s commissioner, Daniel Martuscello III, issued a memo Thursday stating that because of a prison-wide state of emergency, it will temporarily suspend parts of the controversial HALT Act—or—Humane Alternatives to Long-Term Solitary Confinement.
The memo said this can take place under “exceptional circumstances” that “create a significant and unreasonable risk to the safety and security of other incarcerated persons, staff or the facility.”
The HALT Act is meant to limit extended solitary confinement. It allows for some hours outside the cell while in solitary holding. Its use is prohibited to those 21 years or younger, or 55 years and older—and those who are disabled or pregnant. Solitary confinement is also limited to 15 consecutive days.
Other actions the department is taking include no disciplinary action against anyone participating in the unlawful strikes if they reported to work by noon Thursday, Feb. 20.
Overtime will be provided at two-and-a-half times the regular rate for employees who continue to work through the state of emergency.
The department also eliminated the “70/30” memo that called for a lower staffing capacity. It was introduced by Martuscello earlier this month, which meant prisons were fully staffed at 70 percent.
The memo said DOCCS is working with the corrections officers’ union—New York State Correctional Officers and Police Benevolent Association (NYSCOPBA), and the state legislature to address recruitment, retention and overall safety issues.
Governor Kathy Hochul signed an executive order Wednesday to deploy the New York National Guard to prisons to stabilize facilities that were short-staffed due to the strikes.
An Erie County judge issued a restraining order against striking workers for violation of the New York civil service law known as the Taylor Law.
All state prisons ordered visitation cancelled indefinitely.
The New York National Guard is expected to remain deployed for the time being.