HALT Act
HALT Act: A Synopsis
Passed in 2021, the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) severely regulated the usage of segregated confinement in jails and prisons in New York State.
In 2022, HALT was implemented.
-
HALT dictates:
- How long inmates can be isolated from the rest of the population:
- No more than 15 consecutive days
- No more than 20 days total over a 60-day period
- What violations inmates can be segregated for
- Who can be segregated
- Prevents special populations from being held in segregation
- Activities and programming for individuals held in confined segregation must continue regardless of the circumstance
- How long inmates can be isolated from the rest of the population:
-
HALT removed a critical tool needed for regulating violent behavior and protecting inmates as well as jail and prison employees.
-
Prior to HALT, segregated confinement provided:
- Physical safety of the prisoner, fellow inmates, and corrections personnel
- Better physical, mental, emotional, and developmental health; discipline, learning, and corrective measures
- Gang violence management
-
HALT all but eliminated the effective usage of segregated confinement.
- As a result, there has been an explosion of assaults upon and injuries to corrections officers and civilian staff as well as other prisoners.
-
Despite the financial burden that came with it, HALT was an unfunded mandate.
HALT Act: An Editorial
Confining a group of people in a small space over an extended period is problematic.
Trouble will erupt. That is the nature of incarceration. That is what makes the profession of corrections noble. There are humans that willfully serve their communities by working in an environment where trouble will occur.
So, when New York State lawmakers disregarded warnings by corrections professionals and passed the Humane Alternatives to Long-Term Solitary Confinement Act (HALT), they irresponsibly made county jails and state prisons less safe for everyone – inmates, officers, and civilian staff.
We wholeheartedly support the idea that every reasonable effort should be made to contribute to the health and positive development of every individual in our care, regardless of their crime or sentence. Every day, the dedication and professionalism of our staff, programming for prisoners, and constant attention to the health and safety of everyone involved speak volumes. Nevertheless, jails hold people accused of breaking laws, and there are occasions when adverse behavior must be addressed with real, swift tools to address harmful conduct. Nevertheless, jails hold people accused of breaking laws, and there are occasions when adverse behavior must be addressed with real, swift tools to address harmful conduct.
HALT’s overall change – misguided regulation of segregation of individuals who ARE the cause of violence in correctional facilities – is an overreach that endangers. HALT effectively took away the one tool that makes sense in many violent circumstances.
HALT doesn’t help. It harms.
According to state figures cited by NYSCOPBA, in 2023, the first full year after HALT went into effect (April 2022), a 42% spike in inmate-on-inmate violence contributed to a 28% uptick in overall violence in New York State Prisons. Assaults on staff increased by 13%, resulting in an increase of 61% in injuries. That contributes to the continuing tradition of corrections of underfunding and understaffing facilities that produce less overall safety.
HALT was fully implemented over two years ago. We eagerly await NYSDOCCS's assessment of its progress.
Caring for the incarcerated requires a special type of person. The hazards of careers in corrections cannot be understated. Serving a population of lawbreakers (or accused violators), some of whom are homicidal, suicidal, violent, mentally unstable, or a combination, is problematic.
Running jails and prisons depends largely on human connection, verbal skill, patience, and the ability to limit and manage people's movements. Correctional facilities are NOT level playing fields. They are run by understaffed, outnumbered, and, for the most part, unarmed people. You would think lawmakers might provide us with all the tools possible to keep everyone safe.
To run a corrections operation means feeding, providing recreation and programming, and ensuring access to healthcare, counseling, and addiction services. It includes transporting prisoners to court proceedings and supervising visitation from families, friends, and attorneys. It means managing unpredictable day-to-day operations and maintenance — all within an environment where convicted criminals and those awaiting due process live.
It’s not for the faint of heart.
The passage of the HALT Act and the mandating of the unrealistic regulations it produced demonstrate the complete disconnect, disregard, and ignorance of lawmakers pandering to a constituency that prioritizes an ill-conceived vision of an allegedly underserved criminal element. It was pushed through by people who ignore the impact of crime on victims, survivors, families, and entire communities.
Providing a corrections process that gives individual inmates the best chance to succeed on the outside is, without question, the right thing to do. It makes all of our lives safer. But to increase risk for everyone within jails and prisons by continuing the HALT facade does it on the backs of everyone living and working in an already challenging environment. It's downright criminal.
WHY WE CARE
“I applied to the Monroe County Sheriff’s Office Jail Bureau to help people. I knew the dangers that came with the job, but I did not anticipate the future passage of laws that would so negatively affect the safety of myself and the staff I now supervise. Twenty years later, my goal remains the same – to help people. It is discouraging that the safety of not only other inmates, but people like myself who work to help those who need it most has been needlessly jeopardized by the HALT Act.”
Sergeant Anthony Russo
MONROE COUNTY SHERIFF'S OFFICE, JAIL BUREAU
HALT Act: Additional Information
Punishment, rehabilitation, or opportunity for repentance, what is known as “confined segregation” in corrections, has a long history in the United States, dating back to the 1700s. Corrections professionals call it “special housing” or “protective custody.” Prisons and jails reserve space to isolate prisoners for a variety of reasons:
- Physical safety of the prisoner, fellow inmates, and corrections personnel
- Physical, mental, emotional, and developmental health
- Discipline, learning, or corrective measures
- Gang violence management
In 2021, the New York State Legislature passed the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) with implementation on March 31, 2022. HALT applies to both NYS Department of Corrections and Community Supervision (DOCCS) facilities and county jails.
HALT limits who can be segregated in confinement, how long they may be held, and what violations might lead to confined segregation. HALT prohibits confined segregation for persons in “special/vulnerable” populations:
- 21 years or younger
- 55 years or older
- Anyone with a physical, mental, or medical disability
- Anyone pregnant, in the first eight weeks of post-partum recovery, a new mother, or caring for a child inside a facility
HALT ensures each prisoner receives at least seven hours of programming and recreation outside of their cell, ensures administrative reviews of the circumstances surrounding segregation, mandates training of corrections personnel, and directs the creation of special Residential Rehabilitation Units in larger facilities. The Commission of Corrections oversees the implementation of all rules and regulations governing humane incarceration. The text of the HALT Act is found here.
A central issue between HALT proponents and corrections professionals is providing activities and programming for inmates when segregated from the general population. Some claim programming is inadequate, while county jails maintain they do the best they can.
Many corrections officers maintain that HALT resulted in a more dangerous environment for both inmates and staff. The labor union representing New York State DOCCS officers, NYSCOPBA, is pushing to repeal HALT.
Definitions
Research
- Every corrections facility publishes monthly, semi-annual, and annual reports on the number of people in segregated confinement on its website. Pursuant to the passage of HALT, the Monroe County Sheriff’s Office no longer houses inmates in segregated confinement, though the required reports reflecting such are available here.
- The Correctional Association of New York (CANY) is a non-governmental, independent agency authorized by New York State to monitor state prisons. It issued a report in March 2023 criticizing the first eight months of HALT's initial implementation. It includes a response from NYS Department of Corrections and Community Supervision (DOCCS) Acting Commissioner Anthony Annucci, who said the system has experienced “significant” increases in violence against staff and inmates since HALT implementation. The report also includes a response from the NYS Office of Mental Health.
- A 2016 report by the National Commission on Correctional Health, deemed any time past 15 consecutive days as inhumane, degrading, and harmful.