DOCCS Files Emergency Justifications for HALT Suspensions as Advocates Push Back

Staffing Shortages and Legal Challenges at New York Prisons

New York's Department of Corrections and Community Supervision (DOCCS) is facing significant challenges in staffing its facilities, leading to ongoing legal disputes and concerns over the implementation of the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act. The department has submitted new court filings arguing that it lacks sufficient staff to meet the needs of some of its facilities, a claim that has drawn criticism from advocates.

Lauren Stephens-Davidowitz, an attorney with the Legal Aid Society's Prisoners Rights Project, stated that staffing issues alone should not be used as a basis for declaring an emergency. She emphasized that DOCCS has been struggling with staffing for years, and the recent legal actions reflect deeper systemic problems.

The Legal Aid Society is challenging DOCCS over the delayed implementation of the HALT Act, which was a central issue during a three-week wildcat strike at DOCCS facilities. These strikes severely disrupted the state's prison system and led to an executive order from Governor Kathy Hochul, declaring a statewide disaster emergency and deploying the National Guard to supplement prison staffing when 75% of security personnel walked off the job.

Despite the executive order, the situation remains unresolved. A key demand of the striking workers was to completely repeal the HALT Act, but the protests only resulted in a temporary, partial suspension of the policy as part of a deal between DOCCS and the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA). More than four months later, the HALT Act remains suspended in more than half of DOCCS facilities.

DOCCS Commissioner Daniel F. Martuscello filed a 96-page affirmation in response to a court order requiring written justifications for the emergency situation on a facility-by-facility basis. However, the Legal Aid Society argues that the audit did not include the necessary details to justify suspending the HALT Act.

Facilities Affected by HALT Suspension

The following facilities have fully restored the HALT Act:

• Albion
• Coxsackie
• Elmira
• Greene
• Hudson
• Bedford Hills
• Bare Hill
• Cape Vincent
• Franklin
• Green Haven
• Riverview
• Shawangunk
• Ulster
• Woodborne

Facilities where the HALT Act is partially restored include:

• Attica
• Auburn
• Cayuga
• Collins
• Fishkill
• Five Points
• Gouverneur
• Sing Sing
• Adirondack
• Lakeview
• Upstate
• Eastern
• Groveland
• Marcy
• Washington
• Wende
• Wyoming

Facilities where the HALT Act is completely suspended are:

• Mid-State
• Mohawk
• Clinton

Seven facilities were not addressed because they do not have solitary housing.

Clinton Correctional Facility in Dannemora, which was 91% staffed before the corrections officers' strike, now has a 31% vacancy rate. The prison population is 1,496, resulting in a 2.7 to 1 ratio for inmates to security officers. The facility faces specific challenges, including a large infirmary that offers daily clinics and requires around-the-clock security, as well as staff-intensive mental health treatment programs.

Ongoing Concerns and Calls for Action

The filings also highlight a recent increase in unusual incidents, including reports of intoxicated behaviors. Approximately 80 inmates were reportedly under the influence of an unknown substance in the last month, with NBC5 confirming three cases following exposures on June 11 and July 3.

Stephens-Davidowitz criticized the lack of detailed information provided by DOCCS, stating that the filings did not specify which facilities are declared emergencies, the amount of out-of-cell time provided, or when restrictions would be lifted.

Kariem Tomlin, a plaintiff in the lawsuit, claims he was held in his cell 24 hours a day during the strikes and, under the post-strike HALT suspension, is now confined to his cell for 21.5 hours a day. DOCCS remains understaffed by 4,700 and continues to rely on National Guard members to supplement operations.

Advocates are urging DOCCS to find more urgent solutions to the crisis, such as releasing individuals on medical parole or granting clemency to reduce the prison population. A memo from Martuscello directed prison superintendents to identify inmates eligible for early release, which sparked public outcry and calls for the commissioner's resignation.

The Legal Aid Society has scheduled a meeting with DOCCS to avoid another court filing seeking information on the timeline for HALT's suspension. If their request is not met, the organization plans to file for expedited discovery. A new court decision remains pending.