A class action complaint filed this week alleges that New York prison officials have been violating state law by holding disabled inmates in solitary confinement.
Solitary confinement, a controversial feature of the US penal system since the 18th century, can involve up to 24 hours of isolation each day for extended periods. Critics have often argued that this practice is ineffective and comparable to torture.
In response to mounting concerns, New York enacted the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) in 2021. This law aims to limit solitary confinement usage and encourages rehabilitative and therapeutic alternatives. This law also prohibits long-term solitary confinement against vulnerable groups like disabled individuals.
Despite these measures, plaintiffs allege that the benefits of HALT have been denied to hundreds of inmates with disabilities. New York prison officials are accused of creating exceptions by curating a narrow definition of ‘disability’ to improperly exclude certain conditions. A statement from advocacy groups and attorneys representing the plaintiffs alleges that the health of several inmates with mental and physical conditions has deteriorated due to these violations.
When the New York State Department of Corrections and Community Supervision (DOCCS) released its solitary confinement report in 2020, it asserted that it was striving to implement disability-based solitary confinement prohibitions. According to a report by the DOCCS, numbers of inmates confined to the Special Housing Units (SHU) had dropped by 80% in the past year. The DOCCS has codified the requirements of HALT via Directive #4933D.
However, plaintiffs’ advocates question the adequacy of the DOCCS measures. Josh Rosenthal, a supervising attorney with Disability Rights Advocates, adds his voice to the critique, saying that it’s high time the State brings an end to the practice of isolating disabled individuals.
The US penal system, known for its deep, broad, and racially disproportionate usage of solitary confinement, faces rising scrutiny. With this lawsuit, the focus sharpens on the treatment of disabled inmates within this controversial practice.