Choose guidelines that New York state prisons are breaking the legislation by protecting prisoners in solitary confinement for too lengthy

Norman Ray

International Courant

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A state choose says New York’s jail system violated state legislation by holding prisoners in solitary confinement longer than allowed.

In a choice filed Thursday, Superior Court docket Choose Kevin Bryant mentioned the state Division of Corrections and Group Supervision (DOCCS) has not offered ample proof towards allegations that it did not adjust to restrictions on solitary confinement set forth in state legislation.

“DOCCS has a duty to submit an administrative document supporting their actions and so they have failed to fulfill this burden,” Bryant wrote.

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The ruling comes after the New York Civil Liberties Union (NYCLU) and Prisoners’ Authorized Providers of New York filed a category motion lawsuit final 12 months alleging that DOCCS repeatedly ignored the state’s Humane Alternate options to Lengthy-Time period Solitary Confinement Act , which was signed into legislation in 2021. by the then authorities. Andreas Cuomo.

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A solitary confinement cell is seen at Rikers Island Jail in New York Metropolis, January 28, 2016. (AP)

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“Nobody is above the legislation – that features jail officers,” the NYCLU mentioned in a press release posted to X on Thursday. “We will likely be intently monitoring to make sure that DOCCS continues to adjust to the legislation.”

DOCCS mentioned in a press release to The Related Press that it’s reviewing the choose’s choice, and pointed to some current adjustments the division has made since Commissioner Daniel Martuscello took over a 12 months in the past. This contains updates to the company’s segregated confinement coverage, reminiscent of extra evaluation steps reminiscent of the brand new “Confinement Justification File Kind” that have to be accomplished and signed by all evaluation officers, listening to officers and superintendents.

Solitary confinement normally is restricted to 3 consecutive days, or six days inside a specified 30-day interval, in keeping with state legislation.

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New York State’s jail system violated a state legislation limiting the time an inmate can spend in solitary confinement, a state choose dominated. (Getty Photographs)

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Nonetheless, prisoners will be positioned in solitary confinement for prolonged durations of time for “heinous and damaging” acts, together with injuring somebody or buying a lethal weapon. In these circumstances, an prolonged restrict of 15 consecutive days is permitted, or 20 days in a 60-day interval.

Within the lawsuit, the advocacy teams accused DOCCS of protecting prisoners in solitary confinement despite the fact that they don’t meet the strict standards set out within the legislation.

One accuser, Luis Garcia, mentioned he was sentenced to 730 days of solitary confinement after allegedly throwing bodily fluids at guards, which advocacy teams mentioned didn’t meet the standards for solitary confinement.

The Related Press contributed to this report.

Choose guidelines that New York state prisons are breaking the legislation by protecting prisoners in solitary confinement for too lengthy

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