Mayor Adams vetoes City Council bill on solitary confinement, sparking concerns over jail safety

January 22, 2024 Robert Abruzzese, Courthouse Editor

Mayor Eric Adams vetoed Intro. 549-A, a bill proposed by the NYC Council aimed at reforming solitary confinement practices in city jails, on Friday.
Photo: Peter K. Afriyie/AP

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Mayor Eric Adams vetoed a bill proposed by the City Council aimed at reforming solitary confinement practices in city jails on Friday. The veto has ignited a debate over the safety and human rights of inmates and staff in New York City’s correctional facilities.

The bill, designed to end solitary confinement beyond four hours for de-escalation or emergencies, has been a point of contention, with Mayor Adams and the Department of Correction (DOC) Commissioner Lynelle Maginley-Liddie expressing serious concerns about its implications.

They argue that the bill could compromise the safety of both inmates and correctional staff and would interfere with the restrictive housing program developed in consultation with the federal monitor overseeing the Nuñez case.

Int. No. 549A aims to end all forms of solitary confinement in New York City jails, limiting it to a maximum of four hours for emergency de-escalation, while advocating for alternative forms of separation that are more conducive to the health and safety of incarcerated individuals.

Under this bill, in situations of violence, an individual can be isolated for up to four hours to address the immediate situation, after which they must be placed in alternative, less isolating units designed to reduce violence and support health.

The bill clarifies key terms like “cell” and “out of cell” to ensure that these alternatives to solitary do not simply replicate its harmful effects under different names, and mandates minimum standards for out-of-cell time and group activities. It also strengthens due process protections and transparency in the use of solitary confinement, aiming to break the cycles of abuse and violence in the correctional system and align with proven methods to enhance safety and well-being.

“Under our administration, the city’s jails are getting safer — but this bill would have taken us in the wrong direction,” the mayor said in a statement. “Vetoing this bill will keep those in our custody and our correction officers safer.”

Federal Monitor Steven Martin shared these concerns, stating that the bill could inadvertently harm individuals in custody, disrupt sound correctional practices and hinder compliance with court orders. This sentiment was echoed in editorials by the New York Daily News and New York Post, which criticized the bill for potentially increasing risks and violence within jails.

Community activists and human rights advocates, however, have strongly condemned the mayor’s decision. Anisah Sabur, an organizer with the #HALTsolitary Campaign and a survivor of solitary confinement, accused Mayor Adams of being on the wrong side of history. She highlighted that solitary confinement is a torturous practice causing devastating harm and worsening safety for everyone.

Advocates argue that Int. 549A, supported by a veto-proof supermajority of the City Council, is a commonsense legislation to stop torture, protect human rights, and reduce violence in jails.

Chaplain Dr. Victoria A. Phillips from the Jails Action Coalition and Barbara Hamilton, supervising attorney of the Incarcerated Client Services Unit with the Legal Aid Society, have also criticized the mayor’s veto. They assert that solitary confinement causes irreparable harm and that the legislation is essential for ending its use in city jails.

“By vetoing this needed legislation, one which has garnered the overwhelming support of City Council members, the mayor is condoning the use of torture in City jails,” said Barbara Hamilton, supervising attorney of the Incarcerated Client Services Unit with The Legal Aid Society.

“Solitary confinement has caused irreparable harm to countless people held in the City’s custody, and we call on Speaker Adrienne Adams and the City Council to override this veto immediately,” Hamilton said. “Eradicating all forms of solitary confinement used against incarcerated New Yorkers is a moral imperative, and it must remain a top priority for local lawmakers.”

The controversy surrounding solitary confinement in New York City has been a longstanding issue, with numerous reports and studies highlighting the severe psychological and physical impacts of such practices. The Columbia University Center for Justice report documents continued use of solitary confinement in city jails, despite promises to end the practice. Advocates emphasize that alternative forms of separation, as proposed in the bill, are scientifically proven to be more effective in reducing violence and supporting the health and safety of incarcerated individuals.

Mayor Adams, a former NYPD captain, maintains that under his leadership, DOC has made significant progress in addressing issues at Rikers Island without the use of solitary confinement.

“Our administration does not support solitary confinement in our jails, and New York City has not used the practice for years,” Adams said. “In fact, we have achieved significant reductions in key indicators of violence in our correction system without solitary confinement. But despite the misleading nickname, had it taken effect, the Department of Correction would no longer be able to protect people in custody, or the union workers charged with their safety, from violent individuals. I implore the City Council to work with our administration and follow the federal monitor’s guidance to abandon this misguided bill.”

Advocates are calling on the City Council to override the veto, stressing the urgency of ending solitary confinement in New York City jails.