In an overwhelming victory, the New York City Board of Corrections has finally made strides to improve conditions for inmates on not only the infamous Rikers Island facility but also across all city jails in New York. On June 25, 2024, the board unanimously voted in favor of new rules to end solitary confinement.
This vote makes sense, considering the City Council recently passed Local Law 42. Local Law 42 mandates that jails eliminate solitary confinement that extends past four hours. Rather than rely on this archaic method, the City Council, as well as members of the New York City Board of Corrections, hopes to see jails implement alternative separation methods. According to these authorities, research and reports have proven that alternative methods not only support inmate health but also reduce violence.
Solitary confinement, in contrast, has been shown to cause significant physical and psychological harm. Unfortunately, even a short period of solitary confinement while behind bars can greatly increase an inmate’s likelihood of harming themselves.
It also increases the chances the inmate will develop a mental illness or eventually commit suicide. Even worse, multiple studies have repeatedly revealed that correctional facilities in New York disproportionately apply solitary confinement as a penalty against inmates of color.
For these reasons, Local Law 42 was passed. It makes sense that inmates should only have to endure this type of punishment for four hours or less, which should provide ample time for staff to de-escalate a situation or deal with any emergency situation. After that brief four hour period, staff should be able to apply other alternative methods that can help the inmate reintegrate into the jail.
To help ensure that solitary confinement isn’t banned by law but continued in practice under the guise of another name, the law also mandates that all inmates must have access to 14 hours of out-of-cell time and seen hours of group programming.
Initially, the mayor of New York vetoed Local Law 42, but that veto was later overridden by a massive 42-9 vote.
Do Inmates Have Rights?
Yes. Even when a citizen has been accused or convicted of a crime, they still maintain specific rights. These rights come from the U.S. Constitution, The Prison Rape Elimination Act, the Americans with Disabilities Act, the Prison Litigation Reform Act, and a combination of other federal, state, and local laws.
One of the most important rights is the right to be free from cruel and unusual punishment. In the past, solitary confinement may have been seen as appropriate, but today’s research and studies prove that the penalty causes a whole host of unintended consequences.
Do you feel like your rights have been violated as an inmate, or do you have a loved one who may be being abused illegally in prison? If so, then it’s a good idea to consider talking to a lawyer as soon as possible.
Here at Bukh Law Firm P.C., our team of attorneys are prepared to advocate for you. Schedule a consultation with us now to get started on pursuing justice.
