New York City Council votes to end solitary confinement in city jails

December 21, 2023 Robert Abruzzese, Courthouse Editor

Mayor Eric Adams expressed concerns about the New York City Council's decision to end solitary confinement in city jails, emphasizing safety and operational challenges in implementing the new legislation. He underscores the need to balance reform with the protection of both inmates and correctional staff.
Photo courtesy of Mayor’s Office

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In a move to reform the penal system, the New York City Council has voted to eliminate the use of solitary confinement in city jails. This groundbreaking decision, spearheaded by Public Advocate Jumaane Williams, is part of a larger effort to address the psychological harm caused by solitary confinement practices.

Under the new legislation, detainees in city custody are entitled to a minimum of 14 hours of daily out-of-cell time in shared spaces, signaling a significant shift in the treatment of incarcerated individuals.

Lucas Marquez, director of Civil Rights and Law Reform at Brooklyn Defenders, lauded the Council’s decision.

“The people we represent — along with their families, friends, and advocates — are all impacted by the serious trauma caused by DOC’s inhumane restrictive housing practices,” Marquez said. “We applaud the City Council for taking action to pass Int. 549 on behalf of the countless solitary survivors, defenders, doctors, scholars, corrections experts and human rights advocates who have long urged an end of the torture of solitary confinement. We urge Mayor Adams to immediately sign the bill into law.”

Despite resistance from Mayor Eric Adams and the Correction Officers’ Benevolent Association, the Council’s decision secured enough votes to override any potential mayoral veto. This comes after years of advocacy against solitary confinement, a practice increasingly recognized as causing significant psychological damage and exacerbating mental health issues.

The new law stipulates that solitary confinement can only be used in extreme cases for a maximum four-hour “de-escalation” period, during which detainees must be checked every 15 minutes, and any health concerns must be immediately referred to medical staff. This approach is a stark departure from previous practices, where detainees could be held in isolation for extended periods, leading to severe mental and physical health implications.

The ban on solitary confinement aligns with global human rights standards and reflects a growing consensus on the need for more humane treatment of detainees. The United Nations defines solitary confinement of more than 15 days as a form of torture, and this new law brings New York City in line with these international norms.